Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019

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2019/267

Coat of Arms of New Zealand

Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 11th day of November 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 401C(c) of the Building Act 2004

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Building and Construction.

Regulations

1 Title

These regulations are the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 16 December 2019.

3 Principal regulations
4 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

5 Regulation 11 amended (Alteration of building: what amounts to substantial alteration)

In regulation 11(1), replace “(x + y) > (z/4)” with:

(x + y) > (z ÷ 4)

and

(x + y) > $150,000

6 New Schedule 1AA inserted

Insert the Schedule 1AA set out in the Schedule of these regulations as the first schedule to appear after the last regulation of the principal regulations.

Schedule New Schedule 1AA inserted

r 6

Schedule 1AA Transitional, savings, and related provisions

r 3A

Part 1 Provision relating to Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019

1 Transitional provision relating to alteration of earthquake-prone buildings

(1)

In this clause,—

EPB application means an application in relation to which section 133AT of the Act applies

relevant EPB consent means a building consent for which an EPB application is made before 16 December 2019.

(2)

Regulation 11, as in force immediately before 16 December 2019, continues to apply, as if the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Amendment Regulations 2019 had not been made, to the grant of a relevant EPB consent on or after 16 December 2019.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations are made under the Building Act 2004 (the Act) and come into force on 16 December 2019.

The regulations relate to any building, or part of a building, for which—

  • an earthquake-prone building notice has been issued; and

  • a building consent application is made to carry out a substantial alteration.

The Act requires the building consent authority to refuse the application unless the alteration includes the necessary seismic work to make the building or part no longer earthquake-prone.

Previously, an alteration counted as substantial whenever the territorial authority was satisfied that the combined estimated value of the following building work (the relevant building work) was greater than a quarter of the building’s value:

  • the building work (except seismic work) to which the application relates; and

  • any other building work (except seismic work), to or in connection with the building, for which a building consent was granted and did not lapse during the 2 years before the application.

The regulations extend the circumstances in which a building consent may be granted. They do this by narrowing the definition of substantial alteration to exclude cases falling below a $150,000 threshold. Under the amended definition, an alteration does not count as substantial unless the territorial authority is satisfied that the combined estimated value of the relevant building work is greater than—

  • a quarter of the building’s value; and

  • $150,000.

Regulatory impact assessment

The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 12 August 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 November 2019.

These regulations are administered by the Ministry of Business, Innovation, and Employment.