Changes relating to minor variations in regulations under Building Act are effective this month
Changes to the Building (Minor Variation) Regulations 2009 aiming to lessen red tape in the consenting process – specifically, by clarifying the definition of a “minor variation” and by introducing definitions for “minor customisation” – are effective starting this October.
These changes broadly seek to move the building consent process toward a more enabling, risk-based, and proportionate approach, Chris Penk, New Zealand’s building and construction minister, shared in a news release of the New Zealand government.
Significantly, the changes aim to make it easier for builders to make small adjustments to approved building plans and designs without needing to apply for a building consent amendment. Examples of minor customisations include substituting one type or brand of building product for another and changing the layout of a room, Penk explained.
The changes seek to introduce more flexibility for the benefit of key players in the building process, such as architects, tradespeople, and homeowners, Penk added. The changes also aim to enable greater competition and to respond to the Commerce Commission’s recommendations in a building supplies market study.
With these changes, the government hopes to focus its time and resources on high-risk building activity rather than on amending building consents and hopes to make it easier to use overseas building products complying with New Zealand standards, Penk said.
The changes are applicable to MultiProof designs, which have been pre-approved, Penk also said. This means that building consent authorities should reach a decision within 10 working days of receiving an application with a MultiProof design. This is in contrast to the usual 20 working days for a standard design.
Previous system
Prior to these changes, builders interested in making minor variations often had to apply for an amendment to their building consent. The previous process, which involved additional time, has widely been deemed slow and complex, Penk noted.
“The Government is committed to getting more Kiwis into affordable housing and we are looking at every stage of the building and consenting process for efficiencies to make this happen,” said Penk in the government’s news release.
Back in May, the New Zealand government first announced these changes, which are a part of its efforts to streamline the building consent process.
The Ministry of Business, Innovation and Employment (MBIE) has released its minor variations guidance, which seeks to support building consent authorities, builders, designers, project managers, and others interested in learning more about this matter.
The guidance gives an overview of minor variations to building consents, explains the differences between minor variations and building consent amendments, and identifies principles to consider when processing minor variations in light of the recent changes.
The MBIE’s guidance also provides examples of situations that building control officers, builders, designers, and project managers may face during the minor variations process.
