Building Act 2004
Summary of changes
These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.


15 January 2026
- New definitions and amendments to existing definitions have been added to the interpretation provision
- The definition of 'building' has been updated to exclude additional items
- The chief executive's role has been amended to include new functions and responsibilities
- The role of a building consent authority has been updated to include new powers and responsibilities
- New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
- Acceptable solutions or verification methods can now refer to building product specifications
- Changes have been made to the application and issuance process for project information memoranda
- Exceptions have been added for non-consented small stand-alone dwellings regarding development contribution notices and certificates
- The Governor-General's powers to amend Schedule 1 have been expanded
- Formatting changes have been made to provisions related to building consent applications and issuance
- Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- Notification requirements have been updated for territorial authorities to inform the chief executive of waivers or modifications
- Changes have been made to the provisions related to owner-builder exemptions and restricted building work
- Repeals have been made to various provisions, including those related to enforcement officers and product certification
- The chief executive's monitoring responsibilities have been expanded to include building product specifications
- Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- Amendments have been made to the provisions related to territorial authorities' duties and responsibilities
- Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- The limitation period for offences against the Building Act 2004 has been updated
- Amendments have been made to the provisions related to civil proceedings and liability
- Changes have been made to the provisions related to building product specifications and certification
- The inspection requirements for small heated pools have been amended
- Section 450A has been repealed, effective 26 November 2024
Affected provisions
- DLM363B Repeals have been made to various provisions, including those related to enforcement officers and product certification
- DLM364 Repeals have been made to various provisions, including those related to enforcement officers and product certification
- DLM376 Repeals have been made to various provisions, including those related to enforcement officers and product certification
- DLM361 Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 1AA: Transitional, savings, and related provisions Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 2: Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 4: Enactments amended Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 7: Interpretation New definitions and amendments to existing definitions have been added to the interpretation provision
- 9: Building: what it does not include The definition of 'building' has been updated to exclude additional items
- 11: Role of chief executive The chief executive's role has been amended to include new functions and responsibilities
- 12: Role of building consent authority and territorial authority The role of a building consent authority has been updated to include new powers and responsibilities
- 19: How compliance with building code is established New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
- 25: Content of acceptable solution or verification method Acceptable solutions or verification methods can now refer to building product specifications
- 32: Owner may apply for project information memorandum Changes have been made to the application and issuance process for project information memoranda
- 33: Content of application Changes have been made to the application and issuance process for project information memoranda
- 34: Issue of project information memorandum Changes have been made to the application and issuance process for project information memoranda
- 35: Content of project information memorandum Changes have been made to the application and issuance process for project information memoranda
- 36: Territorial authority may issue development contribution notice Exceptions have been added for non-consented small stand-alone dwellings regarding development contribution notices and certificates
- 37: Territorial authority must issue certificate if resource consent required Exceptions have been added for non-consented small stand-alone dwellings regarding development contribution notices and certificates
- 41: Building consent not required in certain cases The Governor-General's powers to amend Schedule 1 have been expanded
- 45: How to apply for building consent Formatting changes have been made to provisions related to building consent applications and issuance
- 51: Issue of building consent Formatting changes have been made to provisions related to building consent applications and issuance
- 58: Liability to pay levy: stand-alone building consent authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 59: Liability to pay levy: territorial authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 60: Building consent authority may retain part of levy Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 61: Chief executive may recover unpaid levies from territorial authority or stand-alone building consent authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 62: Territorial authority may recover unpaid levies from applicant for building consent Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 63: Chief executive may obtain information in order to assess amount of levy payable Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 64: Audit of issue of building consents for purpose of ascertaining payment of levy Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 68: Territorial authority must notify chief executive if waiver or modification granted Notification requirements have been updated for territorial authorities to inform the chief executive of waivers or modifications
- 88: Licensed building practitioner to provide record of work in respect of restricted building work Changes have been made to the provisions related to owner-builder exemptions and restricted building work
- 90D: Owner-builder exemption Changes have been made to the provisions related to owner-builder exemptions and restricted building work
- 133AX: Notification and availability of EPB methodology Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 133AS: Territorial authority may carry out seismic work Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AM: Deadline for completing seismic work on or before 1 April 2024 Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AL: Territorial authority must issue EPB notice for earthquake-prone buildings Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AD: Meaning of low, medium, and high seismic risk Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AE: Meaning of priority building Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133AU: Offences in relation to earthquake-prone buildings Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133BW: Works to remove or reduce other risks Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 133BZA: Application of subparts 6, 6A, and 7 in designated areas Changes have been made to the provisions related to seismic work, including deadlines and exemptions
- 162D: Periodic inspections of residential pools The inspection requirements for small heated pools have been amended
- 169: Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister The chief executive's monitoring responsibilities have been expanded to include building product specifications
- 175: Chief executive may publish guidance information Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 177: Application for determination Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 212: Territorial authority must act as building consent authority for its district Amendments have been made to the provisions related to territorial authorities' duties and responsibilities
- 216: Territorial authority must keep information about buildings Amendments have been made to the provisions related to territorial authorities' duties and responsibilities
- 219: Territorial authority may impose fee or charge and must collect levy Amendments have been made to the provisions related to territorial authorities' duties and responsibilities
- 229: Authorisation of enforcement officers Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 230: Conditions of authorisation Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 231: Offence to impersonate enforcement officer Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 262: Requirements for product certification accreditation body Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 265: Application for accreditation Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 266: Suspension or revocation of accreditation Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 268: Application for product certificate Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 271: Suspension or revocation of product certificate Repeals have been made to various provisions, including those related to enforcement officers and product certification; Changes have been made to the provisions related to building product specifications and certification
- 362B: Meaning of building work and residential building contract Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 378: Time limit for filing charging document The limitation period for offences against the Building Act 2004 has been updated
- 390: Civil proceedings may not be brought against chief executive, employees, etc Amendments have been made to the provisions related to civil proceedings and liability
- 392: Building consent authority not liable Amendments have been made to the provisions related to civil proceedings and liability; Changes have been made to the provisions related to building product specifications and certification
- 396: Application of sections 397 to 399 Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 397: Implied warranties for building work in relation to household units Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 401B: Order in Council declaring work to be restricted building work Changes have been made to the provisions related to owner-builder exemptions and restricted building work
- 402: Regulations: general Repeals have been made to various provisions, including those related to enforcement officers and product certification
- 405: Incorporation of material by reference into certain instruments, solutions, and methods Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 409: Requirement to consult Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 413: Application of Standards and Accreditation Act 2015 not affected Changes have been made to the provisions related to the publication of guidance information and the incorporation of material by reference
- 450A: Transitional and savings provision for residential pools Section 450A has been repealed, effective 26 November 2024
19 September 2024
- The definition of 'building' has been updated to exclude additional items
- The chief executive's role has been amended to include new functions and responsibilities
- Provisions related to building consents have been reorganised or reworded for clarity
- Requirements for territorial authorities to keep information about buildings have been updated
- Procedures for suspension or revocation of product certificates have been updated
- The requirement to consult has been amended to include new subsections and modify existing ones
- Schedules have been revised to include new provisions, exemptions, and amendments
- Definitions and provisions related to priority buildings and risk reduction have been updated
- Provisions related to project information memoranda and owner applications have been amended
Affected provisions
- 1: Building work for which building consent not required Schedules have been revised to include new provisions, exemptions, and amendments
- 1AA: Transitional, savings, and related provisions Schedules have been revised to include new provisions, exemptions, and amendments
- 4: Enactments amended Schedules have been revised to include new provisions, exemptions, and amendments
- 9: Building: what it does not include The definition of 'building' has been updated to exclude additional items
- 11: Role of chief executive The chief executive's role has been amended to include new functions and responsibilities
- 35: Content of project information memorandum Provisions related to project information memoranda and owner applications have been amended
- 51: Issue of building consent Provisions related to building consents have been reorganised or reworded for clarity
- 83: Owner may apply for entry to be removed Provisions related to project information memoranda and owner applications have been amended
- 133AE: Meaning of priority building Definitions and provisions related to priority buildings and risk reduction have been updated
- 133BW: Works to remove or reduce other risks Definitions and provisions related to priority buildings and risk reduction have been updated
- 185: When determination must be completed Provisions related to building consents have been reorganised or reworded for clarity
- 216: Territorial authority must keep information about buildings Requirements for territorial authorities to keep information about buildings have been updated
- 238: Duties of stand-alone building consent authority Provisions related to building consents have been reorganised or reworded for clarity
- 271: Suspension or revocation of product certificate Procedures for suspension or revocation of product certificates have been updated
- 409: Requirement to consult The requirement to consult has been amended to include new subsections and modify existing ones
20 May 2025
- New definitions and amendments to existing definitions have been added to the interpretation provision
- The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
- Acceptable solutions or verification methods can now refer to building product specifications
- Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
- Changes have been made to the provisions related to dams, including the supply of annual dam compliance certificates
- The chief executive's monitoring responsibilities have been updated to include building product specifications
- The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
- Amendments have been made to the provisions related to appeals, including the reference to the Criminal Procedure Act 2011
- Changes have been made to the time limits for filing charging documents and the limitation period for offences
- Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
- Changes have been made to the provisions related to seismic work, including deadlines and priorities
- Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions
Affected provisions
- 1AA: Transitional, savings, and related provisions Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 7: Interpretation New definitions and amendments to existing definitions have been added to the interpretation provision
- 11: Role of chief executive The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
- 25: Content of acceptable solution or verification method Acceptable solutions or verification methods can now refer to building product specifications
- 58: Liability to pay levy: stand-alone building consent authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 59: Liability to pay levy: territorial authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 60: Building consent authority may retain part of levy Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 61: Chief executive may recover unpaid levies from territorial authority or stand-alone building consent authority Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 62: Territorial authority may recover unpaid levies from applicant for building consent Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 63: Chief executive may obtain information in order to assess amount of levy payable Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 64: Audit of issue of building consents for purpose of ascertaining payment of levy Changes have been made to the liability to pay levies, including the introduction of stand-alone building consent authorities
- 96: Territorial authority may issue certificate of acceptance in certain circumstances The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
- 133AS: Territorial authority may carry out seismic work Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AM: Deadline for completing seismic work on or before 1 April 2024 Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AO: Owners of certain heritage buildings may apply for extension of time to complete seismic work Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AL: Territorial authority must issue EPB notice for earthquake-prone buildings Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AD: Meaning of low, medium, and high seismic risk Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AE: Meaning of priority building Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133AU: Offences in relation to earthquake-prone buildings Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 133BZA: Application of subparts 6, 6A, and 7 in designated areas Changes have been made to the provisions related to seismic work, including deadlines and priorities
- 150: Owner of dam must supply annual dam compliance certificate Changes have been made to the provisions related to dams, including the supply of annual dam compliance certificates
- 162D: Periodic inspections of residential pools Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions
- 169: Chief executive must monitor current and emerging trends in building design, etc, and must report annually to Minister The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
- 171: Chief executive may seek advice from building advisory panel The chief executive's monitoring responsibilities have been updated to include building product specifications
- 175: Chief executive may publish guidance information The chief executive's role has been updated to include issuing building product specifications and ensuring publication of required matters
- 212: Territorial authority must act as building consent authority for its district The territorial authority's role in relation to building consents has been clarified, including the issuance of certificates of acceptance
- 219: Territorial authority may impose fee or charge and must collect levy Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
- 237: Application of subpart Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
- 238: Duties of stand-alone building consent authority Amendments have been made to the provisions related to building consent authorities, including their duties and responsibilities
- 340: Appeal on question of law Amendments have been made to the provisions related to appeals, including the reference to the Criminal Procedure Act 2011
- 378: Time limit for filing charging document Changes have been made to the time limits for filing charging documents and the limitation period for offences
- 390: Civil proceedings may not be brought against chief executive, employees, etc Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
- 392: Building consent authority not liable Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
- 402: Regulations: general Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
- 405: Incorporation of material by reference into certain instruments, solutions, and methods Acceptable solutions or verification methods can now refer to building product specifications
- 413: Application of Standards and Accreditation Act 2015 not affected Acceptable solutions or verification methods can now refer to building product specifications; Amendments have been made to the provisions related to civil proceedings and liability, including the chief executive and building consent authorities
- 450A: Transitional and savings provision for residential pools Amendments have been made to the provisions related to residential pools, including inspection requirements and transitional provisions
24 May 2025
- Repeal of provisions related to enforcement and offences
- Repeal of provisions related to methodology and regulations
Affected provisions
- 133AX: Notification and availability of EPB methodology Repeal of provisions related to methodology and regulations
- 229: Authorisation of enforcement officers Repeal of provisions related to enforcement and offences; Repeal of provisions related to methodology and regulations
- 376: Offences punishable on summary conviction Repeal of provisions related to enforcement and offences; Repeal of provisions related to methodology and regulations
- 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Repeal of provisions related to methodology and regulations
6 August 2025
- Repeal of provisions related to earthquake-prone buildings
- Repeal of provisions related to enforcement officers
- Repeal of provisions related to accreditation and product certification
- Repeal of provisions related to rules and their approval
- Repeal of transitional provisions for building work
- Repeal of provisions related to offences and penalties
- Repeal of provisions related to implied warranties for building work
- Repeal of provision related to material incorporated by reference
Affected provisions
- 122: Meaning of earthquake-prone building Repeal of provisions related to earthquake-prone buildings
- 133AX: Notification and availability of EPB methodology Repeal of provisions related to earthquake-prone buildings
- 229: Authorisation of enforcement officers Repeal of provisions related to enforcement officers
- 230: Conditions of authorisation Repeal of provisions related to enforcement officers
- 231: Offence to impersonate enforcement officer Repeal of provisions related to enforcement officers
- 265: Application for accreditation Repeal of provisions related to accreditation and product certification
- 266: Suspension or revocation of accreditation Repeal of provisions related to accreditation and product certification
- 268: Application for product certificate Repeal of provisions related to accreditation and product certification
- 361: Rules made when approved by Minister Repeal of provisions related to rules and their approval
- 363B: Application of section 363 to building work where consent granted, or work begun, before 31 March 2005 Repeal of transitional provisions for building work
- 376: Offences punishable on summary conviction Repeal of provisions related to offences and penalties
- 396: Application of sections 397 to 399 Repeal of provisions related to implied warranties for building work
- 397: Implied warranties for building work in relation to household units Repeal of provisions related to implied warranties for building work
- 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Repeal of provision related to material incorporated by reference
14 August 2025
- The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
- New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
- Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
- Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
- Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
- Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
- A provision has been updated to reflect its repealed status in relation to the Regulations (Disallowance) Act 1989
Affected provisions
- 11: Role of chief executive The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
- 19: How compliance with building code is established New provisions have been added to establish compliance with the building code, including recognition of overseas product certification schemes
- 133AX: Notification and availability of EPB methodology Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
- 171: Chief executive may seek advice from building advisory panel The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC
- 229: Authorisation of enforcement officers Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
- 230: Conditions of authorisation Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
- 231: Offence to impersonate enforcement officer Provisions related to enforcement officers have been repealed, including authorisation, conditions of authorisation, and offence to impersonate
- 262: Requirements for product certification accreditation body Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
- 266: Suspension or revocation of accreditation Provisions related to product certification accreditation and suspension or revocation of accreditation have been repealed or amended
- 361: Rules made when approved by Minister Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
- 364: Offence for residential property developer to transfer household unit without code compliance certificate Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
- 376: Offences punishable on summary conviction Several provisions have been repealed, including those related to rules made by the Minister, residential property developers, and offences punishable on summary conviction
- 390: Civil proceedings may not be brought against chief executive, employees, etc The role of the chief executive has been expanded to include new responsibilities under sections 272HA, 272HB, and 272HC; Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
- 392: Building consent authority not liable Provisions related to liability and protection from civil proceedings have been amended to extend protection to certain persons and include additional circumstances
- 412: Application of Regulations (Disallowance) Act 1989 to material incorporated by reference A provision has been updated to reflect its repealed status in relation to the Regulations (Disallowance) Act 1989
28 October 2025
- Formatting updates were made to the application process for building consent
- The list of educational institutions in Schedule 2 was amended to include polytechnics
Affected provisions
- 2: Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies The list of educational institutions in Schedule 2 was amended to include polytechnics
- 45: How to apply for building consent Formatting updates were made to the application process for building consent
31 October 2025
- The distance threshold for exempt building work near a residential building or legal boundary has been changed to 1 metre
Affected provisions
- 1: Building work for which building consent not required The distance threshold for exempt building work near a residential building or legal boundary has been changed to 1 metre
10 November 2025
- New definitions for certain building terms have been added to the interpretation provision
- The Governor-General's powers regarding building consents and restricted building work have been expanded
Affected provisions
- 7: Interpretation New definitions for certain building terms have been added to the interpretation provision
- 41: Building consent not required in certain cases The Governor-General's powers regarding building consents and restricted building work have been expanded
- 401B: Order in Council declaring work to be restricted building work The Governor-General's powers regarding building consents and restricted building work have been expanded
14 December 2025
- The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A
Affected provisions
- 68: Territorial authority must notify chief executive if waiver or modification granted The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A
- 177: Application for determination The notification and application requirements for waivers or modifications have been updated to reference sections 67 and 67A
