Satisfied on reasonable grounds

The BCA must grant a building consent if satisfied on reasonable grounds that the Building Code provisions will be met if the building work is completed in accordance with the plans and specifications accompanying the consent application. 

Satisfied on reasonable grounds guidance [PDF 1.7MB]

Definition of being satisfied on reasonable grounds

SORG means having enough evidence or justification to believe something to be true or valid. It implies a level of confidence based on sound reasoning or facts, rather than mere speculation or assumption.

What it means to be satisfied

The BCA must grant a building consent if it is satisfied on reasonable grounds that the provisions of the Building Code will be met if the building work is completed in accordance with the plans and specifications.

BCAs should assess the facts, circumstances and evidence provided and use their judgement to determine if these are sufficient to be satisfied on reasonable grounds.

This allows for variation in the type of evidence depending on the circumstances. For example, less evidence and detail in the plans and specifications for a relatively simple project designed to comply with Acceptable Solutions versus more evidence and more details for a complex project that includes alternative solutions.

Roles and responsibilities

The BCA is ultimately responsible for building consent outcomes. Other parties play a key role in contributing to whether a building consent authority can be satisfied on reasonable grounds. 

Owners, designers and builders have roles that collectively ensure building projects comply with regulations and standards, uphold the safety and quality of the built environment, and maintain the integrity of the building consent process. This includes adhering to established guidelines, maintaining professional competency, and exercising sound judgment throughout the process.

Assessment considerations for SORG

To be satisfied on reasonable grounds, BCAs must make a qualitative assessment that requires an informed judgment call. An objective test is capable of measurement, assessment and comparison. 

This can be an Acceptable Solution, Verification Method or standard, but it is important to look at the wording in the Building Code and the principles of building science.

Judgement calls consider risk, complexity, previous knowledge of similar situations, skills and experience of persons providing the evidence and the quality of that evidence. 

Key principles

There are four key principles that BCAs could consider when deciding if they are satisfied on reasonable grounds. These are:

Evidence

The reference to ‘evidence’ as a key principle relates to all information, drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed. 

Refer to s7 of the Building Act 2004 under plans and specifications for a full definition - legislation.govt.nz

Risk

A risk-based approach fosters a reasoned and proactive approach to identify specific risks and implements appropriate practices or processes to respond to those risks. A risk-based approach focuses or places a greater emphasis on activities with a higher risk of non-compliance, and/or a greater risk to the built environment in the event of non-compliance, which is the most efficient and effective means of managing risk.

Competencies and experience

A mix of competency and experience generally underpin good decision-making processes and outcomes.  

Regulation 10 of the Building (Accreditation of Building Consent Authorities) Regulations 2006 is intended to ensure all prospective and current building control staff performing building control functions have had their competency established.

Regulation 10 of the Building (Accreditation of Building Consent Authorities) Regulations 2006 -legislation.govt.nz

The BCA only needs to be satisfied on reasonable grounds, not beyond all reasonable doubt. However, any good decision-making processes should be underpinned by sound and traceable reasons for decisions and include a rational outcome. 

Decisions made by BCAs require informed judgement. This is commonly associated with currency of competence or practice and relevant experience – it's difficult to make good and consistent decisions without these ingredients. 

Processes

BCAs should follow their accredited policies, procedures, processes and systems. This will ensure consistency within BCAs.

Under the BCA accreditation scheme all BCAs are required to have policies, procedures and systems in place for performing their building control functions. These need to cover the building consent process from vetting an application for building consent through to the issue of a code compliance certificate. The processes outline how the BCA carries out its various functions, including making decisions based on whether it considers that it is satisfied on reasonable grounds that building work complies with the requirements of the Building Act, Building Code and any other building regulations.

Satisfied on reasonable grounds guidance

This guidance is to help improve understanding of what ‘satisfied on reasonable grounds’ (SORG) means and how to apply it to:

• granting building consent applications
• issuing code compliance certificates
• applications for a national multiple-use approval (known as a MultiProof).

Satisfied on reasonable grounds guidance [PDF 1.7MB]

Who is this guide for?

The primary audience for this guidance is Building Consent Authorities, however designers, owners and builders will also gain a better understanding of:

• what it means to be satisfied on reasonable grounds
• the roles and responsibilities of the main parties
• building consent applications.