PRM SEM 01 - 04. The Building Act and Building Code Flashcards
Building Act 1991 (Old)
Was modern legislation: performance based, not prescriptive, set objectives to be achieved rather than being prescriptive, telling you what you can’t do or how to do things.
The Building Act 2004
Building Act 2004:
As a result of the leaky building crisis changes included:
- Dissolution of the Building Industry Authority, establishment of the Department of Building
and Housing to oversee building construction and Code. This has now been subsumed by
the Ministry of Business, Innovation and Employment (MBIE) but the website address and
many links currently remain “dbh”. - “More clarity on the standards, more guidance on how those standards can be met and
more scrutiny in the building consent and inspection process”. - “More certainty that capable people are undertaking building design, construction and
inspection”. This involves Licensing builders and designers
Building Amendment Acts:
These date from 2009 through to 2013 and aim to:
- Introduce national multiple-use approvals, which “streamline the building consent process for house designs to be replicated on scale” eg GJ Gardner style standard houses.
- “Streamline minor variations to building consents after a building consent is issued”
- Make the Project Information Memorandum (PIM) voluntary.
- Require written contracts for work of a certain value and improve the warranty and remedy
situation for homeowners.
MBIE and former Department of Building and Housing
This Department has been absorbed into the new “super” Ministry of Business, Innovation and
Employment (MBIE). The relevant corner of the Ministry for us is Building and Housing
Information which retains the old DBH website.
The MBIE administers the Building Code, produces Acceptable Solutions and Verification Methods ( previously called Compliance Documents), establishes Determinations (eg to resolve
disputes over interpretation of Code), accredits building products and processes, and publishes
free newsletter of changes, updates to Code.
Website: http://www.dbh.govt.nz/
Building Code:
The Building Act through the Building Regulations 1992 creates the Building Code that governs
design, construction, stability, durability, safety, accessibility and hygiene of a building.
Practical effect: you need to conform to design and construction rules and get Building Consent
from the TA (Territorial Authority / Council).
Applies throughout NZ, unlike Territorial Authority (TA) / Council District and City Plans and
planning zones, controls and rules which vary.
Many Building Code rules affect design as well as construction details eg stairs, handrail heights,
toilet layouts…
Alterations must comply with Code as near as “reasonably practicable” eg trying to retrofit
accessible routes and toilets into an old building.
The Building Code applies to both new construction and maintenance.
Work done without a Building Consent must still comply with the Building Code.
Whatever an architects drawings say, a builder must build in accordance with the Code.
The Building Code sets a minimum standard. It is not necessarily good or best practice!
Acceptable Solutions and Verification Methods ( previously called Compliance Documents):
Once called Approved Documents, then Compliance Documents, changed in 2013.
What we refer to generally as the Building Code are really the Acceptable Solutions and
Verification Methods. But most people continue to say Building Code!
The ASVM are about 38 chapters called Clauses.
They are arranged in several broad groups: structural stability, durability, fire safety,
access, moisture, safety of users, services and facilities, and energy efficiency, reflecting
the Building Code.
Code clauses are available free on line
They are very legible, very readable, very easy to understand (except perhaps Fire!)
What are all the Acceptable Solutions and Verification Methods:
Check this list is the most up to date
These are all important but the ones underlined are crucial and you need to at
least look at them now. They will also provide practical assistance in resolving
your design projects.
B1 Structure
B2 Durability
**C 1, 2, 3, 4, 5, 6 **Fire Safety and see a fire engineer!
D1 Access Routes
D2 Mechanical installations for Access
E1 Surface Water
E2 External Moisture
E3 Internal Moisture
F1 Hazardous Agents on Site
F2 Hazardous Building Materials
F3 Hazardous Substances and Processes
F4 Safety from Falling
F5 Construction and Demolition Hazards
F6 Visibility in Escape Routes
F7 Warning Systems
F8 Signs
G1 Personal Hygiene
G2 Laundering
G3 Food Preparation and Prevention of Contamination
G4 Ventilation
G5 Interior Environment
G6 Airborne and Impact Sound
G7 Natural Light
G8 Artificial Light
G9 Electricity
G10 Piped Services
G11 Gas as an Energy Source
G12 Water Supplies
G13 Foul Water
G14 Industrial Liquid Waste
G15 Solid Waste
H1 Energy Efficiency
What is Colloquially known as “the Building Code”
The ASVM - Acceptable Solutions and Verification Method (colloquially known as “the Building Code”)
Is the Building Code Prescriptive or Sets out Objectives?
The Building Code is performance-based, sets out objectives to be achieved rather than
prescribing construction methods.
The Structure of the Building Code
The Building Code consists of three general clauses and 38 technical clauses. Within each technical clause the requirements are explained in three levels:
- Objectives - social objectives from the Building Act
- Functional requirements - functions the building must perform to meet the Objective
- Performance criteria - the performance criteria the building must achieve. By meeting the performance criteria, the Objective and Functional requirement can be achieved.
Do check these eg Clause F4: Safety from Falling: under Performance says it doesn’t apply
to things less than a metre off the ground.
Also look at Limits on Application on the same page eg F4 doesn’t apply to diving boards
or hiking tracks!
https://www.building.govt.nz/building-code-compliance/how-the-building-code-works/#jumpto-structure-of-the-building-code
Acceptable and Alternative Solutions:
Your design can comply with the Code objective by two methods shown in the ASVM:
Follow an existing Acceptable Solution (eg see F4 / AS1).
Some clauses have several Acceptable Solutions (AS1, AS2….)
Or come up with your own Alternative Solution that is tested by the Verification Method. But
there is none for F4!
In practice (due to expense, time etc) architects generally use Acceptable Solutions.
Manufacturers or designers who come up with a new product or technique (eg build house out of
hay bales) can use the Verification Method and a Producer Statement to assure Council and
you of Code compliance.
On page 13 of F4 we finally find the Acceptable Solution and a set of rules. Follow these and your
design will comply.
Remember to work with the current clause, check your clause hasn’t been updated or amended.
The Structure of the Building Code
The Building Code consists of three general clauses and 38 technical clauses. Within each technical clause the requirements are explained in three levels:
- Objectives - social objectives from the Building Act
- Functional requirements - functions the building must perform to meet the Objective
- Performance criteria - the performance criteria the building must achieve. By meeting the performance criteria, the Objective and Functional requirement can be achieved.
Do check these eg Clause F4: Safety from Falling: under Performance says it doesn’t apply
to things less than a metre off the ground.
Also look at Limits on Application on the same page eg F4 doesn’t apply to diving boards
or hiking tracks!
https://www.building.govt.nz/building-code-compliance/how-the-building-code-works/#jumpto-structure-of-the-building-code
Acceptable and Alternative Solutions:
Your design can comply with the Code objective by two methods shown in the ASVM:
Follow an existing Acceptable Solution (eg see F4 / AS1).
Some clauses have several Acceptable Solutions (AS1, AS2….)
Or come up with your own Alternative Solution that is tested by the Verification Method. But
there is none for F4!
In practice (due to expense, time etc) architects generally use Acceptable Solutions.
Manufacturers or designers who come up with a new product or technique (eg build house out of
hay bales) can use the Verification Method and a Producer Statement to assure Council and
you of Code compliance.
On page 13 of F4 we finally find the Acceptable Solution and a set of rules. Follow these and your
design will comply.
Remember to work with the current clause, check your clause hasn’t been updated or amended.
Determinations
Determinations are technical rulings on disputes or clarification on interpretation relating to
compliance with the Building Code, decided by the MBIE.
You can also get less formal Opinions.
In some circumstances Councils can grant Waivers or modify the Compliance Documents.
Standards New Zealand
Standards New Zealand publishes Standards (agreed specifications for products, processes,
services, or performance) commonly cited in ASVM as means of complying with the NZBC, often
incorporating methods of best practice (and often more construction rather than design oriented
eg NZS 3604 Light Timber Frame Construction).
Website: www.standards.co.nz
