111era assignment 1

What is the building act and schedule??
What is the building regulation??

Building act

the building act is a ledgislation which helps aid the building industry, this act helps encouragin better practices, building design and construction
which means:

• more understanding on what the standards are and what they expect buildings to meet.
• more tougher in the building consent and inspection process.
• more certain that capable people are doing the  building design, construction and inspection
• better protection for homeowners through the introduction of mandatory warranties.

The building act has 5 parts which provides the framework for new zealand building control system:
part 1: The purpose and principles of the Building Act, together with an overview, and commencement dates for various provisions and definitions. These sections provide an important reference point for reading and interpreting the Building Act.


part 2: Matters relating to the Building Code and building work


part 3: Sets out the functions, duties and powers of the chief executive of the Department of Building and Housing, territorial authorities, regional authorities, and building consent authorities. It also deals with the accreditation of building consent authorities and dam owners, and product certification.


part 4: Matters relating to the licensing and disciplining of building practitioners


part 5: Miscellaneous matters including offences and criminal proceedings, implied terms of contracts, regulation-making powers, amendments to other enactments and the repeal of the Building Act 1991, and the transitional provisions from the Building Act 1991 to the Building Act 2004

Building Regulation

building regulation form an important part of new zealnd building control, they are made up in accordance with he the building act 2004. the building regulation  1992 were made under the building act 1991 however most of the  1992 regulation was revoked on 31 march 2005 by the building regulation 2004, the types of regultion the can be made (including the process) must be followed when creating new regulation are givin in sections 400-415 of the act.

To date, the following regulations have been made under the Act.

• 1992/150: Building Regulations 1992
• 2004/385: Building (Forms) Regulations 2004
• 2005/032: Building (Specified Systems, Change the Use, and Earthquake-prone Buildings Regulations 2005
• 2005/033: Building Levy Order 2005 
• 2005/055: Building (Fee for Determinations) Regulations 2005
• 2007/403: Building (Infringement Offences, Fees, and Forms) Regulations 2007
• 2008/208: Building (Dam Safety) regulations 2008
• 2008/360: Building (Product Certification) Regulations 2008
• 2009/408: Building (Minor Variations) Regulations 2009
• 2009/409: Building (National Multiple-use Approval) Regulations 2009

Building Consent Authorities

• 2006/399: Building (Accreditation of Building Consent Authorities) Regulations 2006
• 2007/102: Building (Consent Authority Accreditation Fees) Regulations 2007
• 2007/300: Building (Registration of Building Consent Authorities) Regulations 2007

Licensed Building Practitioner Regulations

• 2007/125: Building (Design Work Declared to be Building Work) Order 2007
• 2008/304: Building Practitioners (Complaints and Disciplinary Procedures) Regulations 2008
• 2010/043: Building (Designation of Building Work Licence Classes) Order 2010
• 2010/044: Building Practitioners (Licensing Fees and Levy) Regulations 2010
• 2010/045: Building Practitioners (Register of Licensed Building Practitioners) Regulations 2010

Building schedual 1 

shedueal 1 enables building owners to repair and maintain their buildings without having to get a building consent, provided they use comparable materials, components or assemblies in the same position. Additional guidance is available about this exemption in the Department's past Codewords publications. There have also been a number of determinations that discuss the use of comparable

building consent is not required for the following building work:

• any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 2006,
•  repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or
• repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger