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 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 Slide 3
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.
Risk-based consenting (RBC) Andrew Minturn Senior Advisor Operational Policy, GeoBuild Project Manager , MBIE
Risk-based consenting (RBC) 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 Slide 6
Risk-based consenting (RBC) cont 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 Slide 7
Building Consent Authority (BCA) Accreditation Peter Sparrow Manager Consent Authority Capability & Perform Group, MBIE
Building Consent Authority (BCA) Accreditation 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 5 th 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. Slide 9
BCA Accreditation - Regulation 18 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). Slide 10
BCA Accreditation – Going forward 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 of fees that we have currently. The Ministry expects to consult on possible changes to the BCA Accreditation and Fees Regulations this year. Slide 11
Licensed Building Practitioner Scheme (LBP) Stephen Underwood Consultant National Online Consenting, MBIE
Licensed Building Practitioner Scheme (LBP) 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 over 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 Slide 13
Licensed Building Practitioner Scheme (LBP ) cont 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 Slide 14
Canterbury Earthquakes Royal Commission David Kelly Director Canterbury Rebuild & Recovery, MBIE
Canterbury Earthquakes Royal Commission 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. Slide 16
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