By MICHAEL SCANNELL and REBECCA EMERSON
Q. I am in the process of developing a new, six-unit apartment block situated in the inner city which is due to be completed by mid-2005. I have all the relevant building consents and started construction a few months ago.
For various reasons construction is already behind schedule and I am anticipating further delays. I have read in the papers recently that new building industry requirements have been established and I'm concerned I'll have to comply with these new requirements in order to obtain code compliance and sell the units.
I already have my building consents and, based on those requirements, planned to get at least the first two units completed and sold this year.
How do these new building requirements affect me? Do I have to start the process all over again and change my building plans?
A. You are correct in that the Building Industry Authority has recently established new guidelines for the construction of buildings in New Zealand.
The Building Industry Authority is responsible for administering and reviewing the New Zealand Building Code. The code is established under the Building Act 1991 and is made up of regulations prescribing the functional and performance requirements for buildings.
The BIA produces "approved documents" that specify detailed methods of complying with the building code. The latest "approved document" is the Acceptable Solution E2/AS1 which sets out new guidelines for the construction of buildings.
It is important all developers familiarise themselves with the new BIA guidelines. If you would like a full text of the guidelines, these can be found at
As a first step, you need to assess whether what you are building falls within the scope of the guidelines. The new guidelines, covering a range of common building practices, govern the construction of timber-framed buildings up to three levels high, which will include most standard houses and low rise apartment buildings.
If your apartment building fits within these criteria you should be aware of the following key dates:
* February 1, 2005: the date on which the new BIA guidelines come into force.
* January 31, 2006: The BIA has announced a staged implementation of the new guidelines. People who receive building consents before February 1 next year under the existing guidelines have until January 31, 2006, to finish their building work and obtain a code compliance certificate. In these circumstances you are not required to comply with the new guidelines.
On the basis you have already obtained the relevant building consents from the council, you will have until January 31, 2006, to complete construction and obtain a code compliance certificate under the current BIA guidelines. This should fall well within your planned construction timetable even if you do experience some delays.
However, if you are unable to complete construction before January 31, 2006, then the new BIA guidelines will apply to you and may affect your ability to obtain code compliance certificates to effect the sale of the units.
We recommend you monitor the BIA website for any updates on the guidelines and confirmation of the above deadlines.
The BIA guidelines are not mandatory, but adherence to them affects your ability to obtain code compliance certificates from the council and thus sell the units. If you choose to deviate from the BIA guidelines, then before you are issued with a code compliance certificate you must provide evidence to the council that the building is up to standard and complies with the building code.
If you follow the BIA guidelines, you can be far more assured of code compliance, and are in a stronger position should you experience problems later.
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