Building (Minor Variations) Amendment Regulations 2024
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2024/158
Building (Minor Variations) Amendment Regulations 2024
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 29th day of July 2024
Present:
Her Excellency the Administrator of the Government in Council
These regulations are made under section 402(1)(kd) of the Building Act 2004 on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Building and Construction.
Regulations
1 Title
These regulations are the Building (Minor Variations) Amendment Regulations 2024.
2 Commencement
These regulations come into force on 30 September 2024.
3 Principal regulations
These regulations amend the Building (Minor Variations) Regulations 2009.
4 Regulation 3 amended (Minor variation defined)
(1)
After regulation 3(1), insert:
(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)
Replace regulation 3(3) with:
(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.
Rachel Hayward,
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, which come into force on 30 September 2024, amend the Building (Minor Variations) Regulations 2009 by expanding the definition of minor variation for the purposes of section 45A of the Building Act 2004. That section provides, amongst other things, that an application for a minor variation to a building consent does not have to be made in the prescribed form and a building consent authority granting a minor variation does not have to issue an amended building consent.
These regulations amend the definition of minor variation by clarifying when the substitution of a comparable product is a minor variation.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 14 March 2024 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 1 August 2024.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Versions
Building (Minor Variations) Amendment Regulations 2024
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