Regulation 7(2)(a) – Consumer information

MBIE’s guidance on meeting the accreditation requirement

Checklist for regulation 7(2)(a) outlines the minimum criteria for compliance with this sub-clause.

A BCA must have a policy and procedure in place for giving the information detailed below to a person who wants to apply for a building consent. The information can be written or electronic pamphlets, booklets, websites, newsletters and self-checklists to guide the applicant through the building consent process.

The information in all documents produced must be:

• consistent
• dated
• updated when required (for example, when there are changes to the Building Act 2004 or associated regulations).

The information detailed below is the minimum required. A BCA may produce any other information that it considers will be relevant or useful and it is recommended that BCAs consider the information needs of consumers in their region. The demographics of the region may suggest that information could usefully be provided in languages other than English and the nature of building work undertaken may suggest that information on specific topics would be of assistance.

Regulation 7(2)(a)(i): information about how to apply for a consent

Information about how to apply for a building consent must cover:

• the definition of a Building Consent
• building work that:
• requires consent 
• may be proposed on land subject to natural hazards
• is restricted building work
• is exempt from building consent requirements
• the licensed building practitioners (LBP) scheme
• owner-builder exemption from LBP requirements 
• project information memorandum
• the other legislation the applicant should consider, such as the Resource Management Act 1991 (RMA)
• how and where to apply for a consent, including the:
• consent applications that the BCA can process (if it has a limited scope)
• appropriate form(s) to complete
• detail required of plans, and supporting materials
• policy for the acceptance and management of professional opinions
• section 112 requirements where the application is for alteration to an existing building
• section 115 requirements related to the change of use of a building 
• section 116 requirements related to an extension to the specified intended life of the building
• section 116A requirements for the subdivision of an existing building
• the need for proposed inspection, maintenance and reporting procedures for specified systems 
• how to make applications for minor variations or amendments to a consent
• the applicable fees and levies
• the method of fee and levy payment for consents, inspections and code compliance certificates (CCCs)
• when a building consent application lapses
• when building work can begin (including any RMA requirements)
• when premises for public use can be occupied (including CPU process).

Regulation 7(2)(a)(ii): how applications are processed

Information about how building consents are processed must cover:

• the process for acceptance of a building consent including the:
• statutory timeframe for processing, and when the ‘clock’ may be stopped and started
• request for information (RFI) process
• referrals to Fire and Emergency New Zealand (FENZ)
• at a high level, how the application is assessed against the relevant Act and associated regulations
• the section 49 requirement to be 'satisfied on reasonable grounds'
• the meaning of 'grant' of consent
• when conditions can be applied to a building consent, and their meaning
• queries, concerns and complaints about the consent decision (to grant or otherwise) including the:
• BCA complaint process
• determination process.

Regulation 7(2)(a)(iii): how work is inspected

Information about how building work is inspected must cover:

• that the grant of a building consent is conditional on enabling the building work to be inspected
• inspection requirements, and how to make bookings
• at a high level, a description of typical inspection types, for example, structure, drainage, etc
• on-site requirements for inspections:
• access for inspectors
• people and information that need to be available on-site
• a summary of what happens in an on-site inspection including:
• the verification of construction to consented documents
• the recording of inspection findings
• a summary of what happens when inspections find non-compliant building work including:
• conditional continuation of work
• notices to fix (NTF).

Regulation 7(2)(a)(iv): how work is certified

Information about how building work is certified must cover:

• the definition of a CCC
• the requirement to apply for a CCC once work is complete
• when to apply for a CCC 
• how and where to apply for a CCC, including the:
• appropriate form(s) to complete
• required content and detail required of plans, and supporting materials
• the section 94 requirement to be 'satisfied on reasonable grounds'
• process for issuing a CCC including the:
• statutory timeframe for processing, and when the ‘clock’ may be stopped and started
• RFI process
• compliance schedule matters
• fees and levies payable, including development contributions 
• method of fee and levy payment for consents, required inspections and CCCs
• what the receipt of a CCC means
• queries, concerns and complaints about the compliance decision (to issue or otherwise) including the:
• BCA complaint process
• determination process.

You can read the following on the Legislation website:

• The Building Act 2004
• The Resource Management Act 1991

New Zealand Gazette notice number 2012-go2694 contains information about the referral of applications to Fire and Emergency New Zealand (FENZ) (previously known as the New Zealand Fire Service Commission), and is available on the Gazette website.