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Building & Housing Update Progress on the Building Act Reform - - PowerPoint PPT Presentation
Building & Housing Update Progress on the Building Act Reform - - PowerPoint PPT Presentation
Building & Housing Update Progress on the Building Act Reform Programme Judy Glackin Acting Manager Construction Policy , MBIE Progress on the Building Act Reform Programme Major changes already achieved are: Changes to Schedule 1 have
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Major changes already achieved are:
Changes to Schedule 1 have increased the amount of
exempt low risk work
The legislative provisions for risk-based building consenting
have been included in the Building Act (regulations are needed to bring these into force)
Accountabilities have been clarified for ensuring building
work complies to the Building Code, and provision has been made for a Code of Ethics for Licensed Building Practitioners
Restricted building work has been introduced, and the
exemption for Owner-Builders is now in force
Progress on the Building Act Reform Programme
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Work in progress
Building Amendment Bill No 4 includes new provisions on consumer protection and remedy:
mandatory provision of pre and post-contract information, including a checklist from the building contractor
mandatory written contracts for building work over a prescribed value
extensions of implied warranties to owner-builders, and a new “defect repair period” (1 year after completion of building work)
new offences for breaches of these requirements
Dam Safety scheme changes to better target dams that have sufficient size and potential impact to be in the Scheme
Law Commission review of joint and several liability
Ministry to report to Cabinet on options for the future role and
configuration of BCAs in the next 6-9 months.
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Andrew Minturn Senior Advisor Operational Policy, GeoBuild Project Manager , MBIE
Risk-based consenting (RBC)
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Framework for risk-based consenting is now in the Building Act But it has not yet been ‘activated’ Residential RBC won’t be activated until Government is satisfied that there:
is greater awareness and understanding of the performance
requirements of the Building Code and how to comply with those requirements;
is a base of competent practitioners in the sector, the cornerstone of
which is the Licensed Building Practitioners’ Scheme;
are strengthened contracting requirements and related measures in the
residential construction sector;
is an effective monitoring regime in place to ensure building quality is
maintained or improved
Risk-based consenting (RBC)
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Commercial RBC does not have these same pre-conditions but the Ministry is
awaiting the findings of the Canterbury Earthquakes Royal Commission before decisions are made as to scope and timing
In the interim, several BCAs are piloting aspects of residential and commercial
RBC
The results of the pilots, and of the Royal Commission, will be the basis for advice
to Ministers at the end of this year on the scope, timing, and details of RBC
If Ministers agree to progressing with RBC in its current form, regulations will be
prepared – with BCAs and key sector stakeholders having an opportunity to provide input
Risk-based consenting (RBC) cont
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Peter Sparrow Manager Consent Authority Capability & Perform Group, MBIE
Building Consent Authority (BCA) Accreditation
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BCA Accreditation has been introduced in 3 phases:
Phase 1 was completed in March 2009 Phase 2 was completed in November 2010 Phase 3 is to be completed by December 2013 (Reg 18 – Having a
system to ensure employees attain qualifications)
BCA Accreditation is now in its 5th year and all councils have successfully
achieved and maintained this.
There has been several councils that have formally transferred their BCA
functions to other councils reducing compliance costs for council but still ensuring a BCA service to their customers is available.
Building Consent Authority (BCA) Accreditation
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Phase 3, Regulation 18 requires a BCA to have a system for ensuring its
employees undertaking a technical role are working towards or have an appropriate NZ qualification
An appropriate NZ qualification includes the following qualifications:
Bachelor of Applied Technology – Building
Bachelor of Architecture
Bachelor of Architectural Studies
Bachelor of Building Science
Bachelor of Construction (Construction Management and Construction Economics)
Bachelor of Engineering
National Diploma in Building Control Surveying (Small Buildings)
National Diploma in Building Control Surveying (Large Buildings).
BCA Accreditation - Regulation 18
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The Ministry is reviewing the BCA Accreditation Regulations and the BCA
Accreditation Fees Regulations.
It is intended that this review will streamline the BCA Accreditation
Regulations by simplifying, and removing unnecessary or duplicative requirements
It will also look critically at Regulation 18 and suggest a more usable and
flexible process for ensuring the right employees gain an appropriate qualification.
The BCA Accreditation Fees Regulations review is looking at how to provide
more equable fees, potentially through an hourly rate rather than a schedule
- f fees that we have currently.
The Ministry expects to consult on possible changes to the BCA Accreditation
and Fees Regulations this year.
BCA Accreditation – Going forward
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Stephen Underwood Consultant National Online Consenting, MBIE
Licensed Building Practitioner Scheme (LBP)
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As at 19 September there are 19,794 Licensed Building
Practitioners holding 24,200 licences.
Canterbury has 3,394 licensed Building Practitioners holding 4,035
licences.
Application numbers peaked at 3,800 in March 2012 with the
introduction of Restricted Building Work but are now running at just
- ver 500 per month.
Focus is moving from initial licensing to re-licensing and the need
to up skill practitioners.
The Registrar wishes to thank BCAs that are updating LBPs, esp.
Designers, about sector developments and encourage others to do the same
Licensed Building Practitioner Scheme (LBP)
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LBP Scheme settling in with BCAs. Use of Infringement Notices by BCAs rather than formal
complaints to the LBP Board
Need more BCA determinations LBP Consultation process
Licensed Building Practitioner Scheme (LBP) cont
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David Kelly Director Canterbury Rebuild & Recovery, MBIE
Canterbury Earthquakes Royal Commission
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Issued an Interim Report October 2011, now provided Part One of the Final Report
to Government and this was released on 23 August 2012
The Royal Commission can report in stages as and when they are able with the
Final report due to Government on 12 November 2012
The Part One (Volumes 1 to 3) Final report made 70 recommendations which are
highly technical and have all been accepted by Government.
The recommendations address issues such as:
Seismicity; continue research on new faults, and review vertical movement issues
Soils and Foundations, improvements to geotechnical information
Performance issues with CBD buildings including recommendations for changing Standards and issuing guidance
Low damage building technologies including development of acceptable solutions and verification methods for such as base isolators
Future reports will address earthquake prone buildings, the collapse of the CTV
building, roles and responsibilities in the regulatory framework, building management after earthquakes and the role of the engineering profession and engineering education.
Canterbury Earthquakes Royal Commission
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