How do I make a complaint about a Building Consent Authority?
In most cases your building consent authority will be the building control unit in your local council.
If you have a problem or concern about any building control services, you should first talk to the building consent authority that provided the services. They all must have a formal procedure for receiving and managing complaints about building control functions. Ask them for a copy of it.
If you have complained to the building consent authority and the matter has not been resolved to your satisfaction then you can discuss the issue with staff at the Department of Building and Housing. You may be able to make a complaint under section 200 of the Building Act 2004.
The following links provide more information:
- Can I resolve the problem myself?
- How can the Department help me?
- What happens when I make my complaint?
- What outcomes can I expect?
- What should I do before making a complaint?
- When can I make a complaint?
- Who can I contact if I want to discuss my complaint before submitting it to the Department?
- How do I make a complaint and what information do I need to provide?
- Who do I make my complaint to?
- Complaint form
- Process flow diagram of the complaints process
- Guidance for completing the complaint form
- Key considerations before making a complaint to the Department
- Check-list for completing the complaint form
- Do I have to pay to make a complaint?
- Can the Department award compensation if my complaint is upheld?
- Can the Department provide me with legal advice about my complaint?
- How long will it take to resolve my complaint?
- Will I be kept informed of progress with my complaint?
- What can I do if I am not happy with the outcome?
- Accreditation and registration
- Technical review
- Determinations
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2.1 General Information
Which complaints are investigated?
Under the Building Act 2004, the Department can only investigate complaints if the complaint is about:
- a building consent authority not properly performing its statutory building control functions under parts 2 and 3 of the Building Act without good reason; or
- a building consent authority acting negligently or failing to perform its statutory building control functions.
This means that the Department can generally only investigate complaints about a building consent authority’s performance relating to:
- assessing, processing, and granting building consents issuing documents such as code compliance certificates, compliance schedules, and notices to fix
- conducting inspections of building work
- providing building consent applications to and receiving advice from the New Zealand Fire Service Commission
- collecting the building levy on behalf of the Chief Executive of the Department.
Which complaints about building consent authorities are not investigated?
The Department does not investigate complaints that do not relate to functions of building consent authorities.
If your complaint is about something else, you should discuss it with the appropriate agency:
| If your complaint or dispute is about… |
Talk to… |
| customer service-related issues |
- the building consent authority or agency directly responsible. . Consider escalating your concerns to a senior or executive manager at the council if you can’t resolve the issue at an operational level
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| a licensed building practitioner |
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| a technical building compliance issue associated with your building consent or code compliance certificate |
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| a territorial authority function under the Building Act |
- the relevant part of the territorial authority/council. Consider escalating your concerns to a senior or executive manager at the council if you can’t resolve the issue at an operational level
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| a town planning matter related to a district plan rule or application for resource consent or the need for one |
- the relevant part of the territorial authority that is directly responsible for the decision. If you are unable to resolve the matter with the territorial authority then you may wish to contact either the Ministry for the Environment who administer the Resource Management Act 1991 or the Parliamentary Commissioner for the Environment who can be contacted via email or on (04) 471 1669 or at. See also the Ministry for the Environment website.
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| an infringement under the Building Act |
- the relevant part of the territorial authority/council that is directly responsible
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| an infringement offence for which you have been prosecuted |
- a lawyer and seek independent legal advice about the matter. Or you may wish to seek free, impartial and confidential advice from your local Community Law Centre. To find the Community Law Office nearest to you.
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| access to official information |
- the building consent authority or territorial authority or agency concerned in the first instance. If you can’t resolve it, consider escalating your concerns to a senior or executive manager at the council. If it’s still unresolved, consider contacting the Office of the Ombudsmen via email, or on 0800 802 602. See also the New Zealand Government site.
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The complaints process
Can I resolve the problem myself?
You should always attempt to resolve matters with the building consent authority concerned before making a formal complaint to the Department. An early and informal resolution can save you time, stress, and money.
All building consent authorities are required to have a complaints procedure, which should be followed in the first instance. Ask them for a copy of it.
How can the Department help to resolve your complaint?
If your complaint has not been resolved to your satisfaction, you should discuss the issue with staff at the Department of Building and Housing. You may be able to make a complaint under section 200 of the Building Act 2004.
Under this section, the Department of Building and Housing can receive and investigate complaints that a building consent authority has failed, or is failing, to properly perform its statutory functions (without good reason) or has negligently performed its functions.
Please note that the Department does not provide legal advice or award financial compensation in the event your complaint is upheld.
What happens when I make my complaint?
Once the Department has received your complaint in writing (refer complaint application form), it will write to tell you it has received the complaint and that it has begun to assess it.
At this stage, the Department may decide to:
- direct you to another agency with responsibility for the area about which you are making a complaint (including the local authority in question) if it relates to matters outside the Department’s jurisdiction
- decline the complaint because it does not cover the kinds of issues that the Department can investigate (eg, town planning / resource consent matters, quality of customer service received)
- commence preliminary inquiries into your complaint to determine whether to accept or decline the complaint
- decline the complaint as it considered to be frivolous or vexatious.
Upon receipt of your complaint, the Department notifies the building consent authority concerned and provides them with a copy of the complaint and all relevant documents. To ensure the Department can properly enquire into your complaint, it will request from the building consent authority a copy of their files and information relating to your complaint, or building consent documents as part of its preliminary enquiries.
This will occur before making a decision to accept or decline the complaint. As a complainant, you should supply as much information and supporting evidence with your complaint application to help substantiate your concerns.
Preliminary inquiries by the Department are usually document-based. They do not normally involve interviewing the complainant or building consent authority staff. This is more efficient and ensures that decisions are based on documented evidence.
If the complaint is accepted, the Department will then investigate the matter, under powers provided by the Building Act.
This investigation may involve:
- inviting you to provide further supporting information or documents that you may not have already supplied
- meeting separately with you and building consent authority officials to discuss aspects of your complaint and to obtain additional context
- inviting the building consent authority to make submissions and to provide further formal response
- inviting you to make submissions and to provide a formal response to that provided by the building consent authority.
If the complaint is upheld, the Department may take disciplinary action against the building consent authority, by exercising powers available to the Chief Executive of the Department under section 203 of the Building Act.
A flow chart of the complaints process is available here
What outcomes can I expect?
Possible outcomes could include:
- If your complaint falls outside the Department’s jurisdiction, it will be declined. You will be referred to the agency best placed to respond to your concerns (eg, Office of Ombudsmen, Ministry for the Environment).
- Your complaint is declined and it is recommended you apply to the Department for a determination ie, a binding legal decision on a technical building code compliance matter (eg, the level of building code compliance achieved on a specific building project or the appropriateness of a Council’s technical building code compliance decision).
- Your complaint is upheld. The building consent authority is provided with guidance and advice from the Department to avoid the situation happening again.
- Your complaint is upheld. Additional monitoring and review is placed on the building consent authority, such as a technical review or special accreditation assessment.
- Your complaint is upheld and disciplinary actions are taken against the building consent authority.
- Your complaint is declined because it is considered to be frivolous or vexatious
- Your complaint is declined because you do not want the Department to make enquiries to the Council about your complaint.
- Your complaint is declined as you have provided inaccurate or incomplete information.
- Your complaint is declined as the matter is deemed to be a minor performance issue that does not meet the criteria for failure or negligence.
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2.3 How to make a complaint
What should I do before making a complaint?
You should attempt to resolve matters with the building consent authority concerned before making a complaint to the Department. All building consent authorities, are required to have and operate a complaints procedure, which should be followed in the first instance. Ask them for a copy.
For further information on the questions (and supporting actions) you should consider before making a complaint to the Department, refer to the section guidance for completing the complaint form.
When can I make a complaint?
You can make a complaint at any time. However, you should try to resolve matters with the building consent authority before approaching the Department.
Who can I contact if I want to discuss my complaint before submitting it to the Department?
To discuss your concerns before submitting a formal complaint, you can contact the Department’s Consent Authority Capability and Performance Group on 0800 242 243 or at info@dbh.govt.nz
How do I make a complaint and what information do I need to provide?
Complaints should be made in writing on the Department’s complaint form. A copy is available here [Word 173 KB, 4 pages].
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Essential resource
For further detailed guidance on how to make a complaint, including what documentation you should provide and how to complete the complaint form please refer to the Department’s guide to making a complaint about a Buiding Consent Authority [PDF 374 KB, 16 pages]
When completing the complaint application form, it is very important you are clear about:
- the performance of which building consent authority function/s you are unhappy with and why
- the details of the complaint (eg, who, what, when, where, etc.)
- the parties involved in the complaint, the roles they played and their contact details (including who you have been dealing with at the building consent authority)
- your contact details (including e-mail, postal, land-line and mobile)
- what steps you have taken to try and resolve the issue (including all relevant conversations, letters, or other relevant records)
- what outcome(s) you would like to see as part of the resolution. Please note that the Department has no legal powers to require a building consent authority to pay money to you as a complainant in the event your complaint is upheld (refer to part 8 of the complaint application form)
- any other information that you think will help to explain your circumstances. It is particularly important to supply as much supporting information and evidence to help substantiate your complaint up-front (eg, copies of previous correspondence about your concerns). Supplying this can reduce the time to process your complaint and lead to better outcomes for all.
Who do I make my complaint to?
Your completed written complaint form should be sent to:
Consent Authority Capability and Performance Group
Department of Building and Housing
PO Box 10 729
Wellington 6143.
Phone 0800 242 243
E-mail info@dbh.govt.nz
Process flow diagram of the complaints process
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2.4 Guidance for completing the complaint form
Key considerations before making a complaint to the Department
Prior to making a formal complaint to the Department you should consider the following questions (and supporting actions):
- Have you discussed and attempted to resolve your concerns with the building consent authority?
- Have you asked the building consent authority about how to make a formal complaint to them? (eg, requested a copy of their complaints procedure and complaints form)
- Have you made a formal complaint in writing to the building control manager at the building consent authority?
- If the complaint was not resolved to your satisfaction, did you escalate your concerns to a senior or executive manager at the building consent authority?
If the answer to any of the above questions is ‘no’, the Department suggests you make a formal complaint to the building consent authority. Allow their complaints procedure to run its course before making a formal complaint to the Department.
Check-list for completing the complaint form
To assist in completing the Department’s complaints form, please consider these questions:
- Have you provided your name and contact details (eg, postal address, phone and e-mail)?
- Have you provided details (eg, who, what, when and dates) of what your complaint is about and the building consent authority involved, including all parties involved in the complaint from the building consent authority?
- Have you clearly stated the building consent authority function you have concerns about and why? A list of these is detailed in part 5 of the complaints form.
- Have you provided all relevant supporting information and documents to substantiate your matters of complaint and itemised these on the complaint form? (eg, copies of all relevant previous correspondence with the building consent authority, building consent documents, code compliance certificates, notices to fix etc)
- Have you detailed the steps or actions you have already taken in an attempt to resolve your complaint? (eg, copies of all relevant correspondence, including letters, e-mails, fax etc)
- Have you indicated the outcomes you would like to see as part of the resolution of your complaint?
- Have you signed the complaint form?
- Have you undertaken to ensure that all the information you have supplied in support of your complaint is true, correct and complete?
If the answer to any of these questions is ‘no’, your complaint form may be incomplete.
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2.5 Frequently asked questions
Do I have to pay to make a complaint?
No, making a complaint is free of charge.
Can the Department award financial compensation if my complaint is upheld?
No. Under the Building Act 2004 the Department has no legal powers to require building consent authorities to pay money to you as a complainant in the event your complaint is upheld.
Can the Department provide me with legal advice about my complaint?
No. The Department is not able to provide you with legal advice. If you require legal advice, you may wish to contact a lawyer. Or you may wish to seek free, impartial and confidential advice from your local community law centre.
How long will it take to resolve my complaint?
The length of time taken to resolve your complaint depends on:
- the nature and complexity of your complaint
- the actions already taken to try to resolve it
- the time each party takes to respond to the Department’s enquiries.
Some complaints can take only a matter of weeks to resolve. However, if we need to work with others to resolve your complaint it may take longer.
As the complainant, you can assist the timeliness of complaint resolution by completing the complaint application form as comprehensively as possible, clearly articulating your concerns, rather than just referring to documents you are supplying. To support your application, provide as much evidence as possible up-front (eg, copies of previous correspondence with the building consent authority).
Will I be kept informed of the progress made to resolve my complaint?
Yes, you will be kept informed of progress by regular updates wherever possible. These may be via phone call, e-mail or letter.
What can I do if I am not happy with the outcome?
We will do our best to ensure you are satisfied with the outcome of your complaint investigation. However, if you are not satisfied, there are other organisations that you may choose to contact such as the Office of the Ombudsmen.
Ombudsmen are independent officers of parliament who can review and investigate how central and local government decisions are made. See the website for further information. See also the New Zealand Government website portal.
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2.6 What other processes ensure a building consent authority performs its duties properly?
Accreditation and registration
The Building Consent Authority accreditation and registration scheme, implemented in 2007 is designed to strengthen the regulatory building control system at building consent, inspection, and approval stages of the building process (the functions undertaken by building consent authorities).
It aims to ensure those authorities responsible for checking building work compliance have the capacity and capability to undertake their regulatory functions to the standards required by the Building Act and Building Regulations.
International Accreditation New Zealand (IANZ) audits building consent authorities to help ensure standards are maintained. These audits may take the form of either a full technical audit of all building control operations every two years, or a targeted special assessment audit undertaken at the direction of IANZ, the building consent authority or the Department of Building and Housing.
Accreditation and registration pages
More about the BCA accreditation and registration scheme »
Technical review
Technical reviews are carried out by the Department of Building and Housing under powers provided by the Building Act. A technical review is a performance review of whether an authority is properly performing its functions and exercising its powers under the Act. Reviews help to:
- monitor authorities’ performance
- enhance the performance of building control activities
- communicate appropriate systems and processes for building control operations
- ensure authorities fulfil their obligations under the Building Act and Regulations.
Technical reviews also examine whether authorities have appropriate operational systems and resources to perform building control work effectively and efficiently.
Technical review pages
More about the Department’s technical reviews, including published technical review reports.
Determinations
When you cannot agree with your council about a technical building compliance matter, a determination can often help solve the problem. A determination is usually the most appropriate way to resolve a dispute about an interpretation of the Building Code or Building Act by an authority, often affecting an application for a building consent or code compliance certificate.
A determination is a binding decision in law made by the Department of Building and Housing. It provides a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, and building compliance issues such as accessibility, health and safety, fire, and weathertightness etc.
Determinations pages
For more about the Determinations process, including an application form, see the following pages:
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