Building (Minor Variations) Regulations 2009
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Version as at 30 September 2024
Building (Minor Variations) Regulations 2009
(SR 2009/408)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 14th day of December 2009
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Pursuant to section 402(1)(kd) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister (as defined by section 7 of that Act), makes the following regulations.
Regulations
1 Title
These regulations are the Building (Minor Variations) Regulations 2009.
2 Commencement
These regulations come into force on 1 February 2010.
3 Minor variation defined
(1)
A minor variation is a minor modification, addition, or variation to a building consent that does not deviate significantly from the plans and specifications to which the building consent relates.
(1A)
The substitution of a comparable product is a minor variation if—
(a)
the product achieves an equivalent level of performance, having regard to its design, installation, intended use, and maintenance; and
(b)
it is not likely to affect the compliance of other parts of the building work with the building code; and
(c)
the consequences of a building failure due to the product substitution would not be significantly worse than a building failure caused by the failure of the original product.
(2)
The following are examples of minor variations and do not constitute an exhaustive list:
(a)
substituting comparable products (for example, substituting one internal lining for a similar internal lining):
(b)
minor wall bracing changes:
(c)
a minor construction change (for example, changing the framing method used around a window):
(d)
changing a room’s layout (for example, changing the position of fixtures in a bathroom or kitchen).
(3)
The examples in subclause (2) are only illustrative of subclauses (1) and (1A), and do not limit them. If an example conflicts with subclause (1) or (1A), that subclause prevails over the example.
(4)
To avoid doubt, a minor variation does not include any building work in respect of which compliance with the building code is not required by the Building Act 2004.
Regulation 3(1A): inserted, on 30 September 2024, by regulation 4(1) of the Building (Minor Variations) Amendment Regulations 2024 (SL 2024/158).
Regulation 3(3): replaced, on 30 September 2024, by regulation 4(2) of the Building (Minor Variations) Amendment Regulations 2024 (SL 2024/158).
Rebecca Kitteridge,
Clerk of the Executive Council.
Date of notification in Gazette: 17 December 2009.
Notes
1 General
This is a consolidation of the Building (Minor Variations) Regulations 2009 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Building (Minor Variations) Amendment Regulations 2024 (SL 2024/158)
Versions
Building (Minor Variations) Regulations 2009
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