Our strategies

Strategy: Ensure the regulatory framework supports the supply of quality, affordable, adaptive, sustainable homes and buildings and enables innovation

What we will do

We will establish effective and clearly understood regulations and performance requirements that will:

• provide clear information on how buildings are to perform
• provide clearly defined rights and obligations
• ensure buildings are well built when the performance requirements are met
• provide effective means to resolve disputes
• encourage building and housing stakeholders to communicate clearly and effectively about expectations and requirements
• enable and support innovation in building systems that meet quality standards.

Why we will do it

Intermediate Outcome

• Buildings and homes that perform well in the New Zealand environment and contribute to sustainability
• Homes and buildings that meet the changing needs of New Zealanders and contribute to strong and effective communities

The regulatory framework sets rules and standards necessary for safe, healthy and sustainable buildings for the benefit of all users. The Building Act 2004 regulates the quality of buildings and building work, and operates alongside other regulations that set minimum performance requirements across the building and housing sector.

Other areas of regulation also impact on the quality of buildings. These include occupational licensing and regulation covering professions and trades, and regulation of the residential tenancies market and unit titles. This regulation ensures buildings are built and maintained to defined standards of quality, and property rights and obligations are clearly defined.

The building regulatory regime is a performance-based system designed to ensure building work is safe and healthy, offers appropriate amenity and is sustainable. It provides a set of tools to bring about change in the performance of the building and housing sector. The building controls regime depends on a strong and effective relationship between the Department of Building and Housing, which sets the frameworks, rules and performance requirements, and building consent authorities, which administer these rules and performance requirements. Developing better and clearer rules and performance requirements will ensure the building and housing sector can readily understand and apply them.

This approach will lead to better outcomes for all parties, including:

• buildings being built properly the first time
• less costly rework (in terms of time and resources)
• fewer disputes, and simpler and lower-cost dispute resolution processes
• capable and accountable building practitioners
• a well-functioning rental housing market.

How we will do it

By working with the sector, stakeholders and other parts of government, we will create standards that are robust, clear and fair. We will work with groups that represent:

• professionals (eg, architects, builders, designers and engineers)
• the building and construction sector
• local and central government agencies
• consumers.

We will investigate and resolve complaints about building consent authorities and accreditation bodies, and issue determinations.

We will work with local and central government agencies and representative groups from the sector to identify ways to improve the quality of the existing building stock.

What we will deliver

During 2007/08 the Department will complete a comprehensive review (as required by the Building Act 2004) of the New Zealand Building Code, the first since the Code was established in 1992.

The purpose of the review is to ensure the Building Code:

• meets the requirements of the Building Act 2004
• is stated in sufficient detail to provide clear guidance on the performance requirements that buildings must achieve to ensure compliance
• supports innovation in building systems that meet quality standards.

Changes to the Building Code will promote energy efficiency, sustainable development and the positive effect of buildings on health.

Consultation on the scope and content of the Building Code was completed in May 2007. Detailed recommendations will then be prepared to enable the final report to be provided to the Minister for Building and Construction in November 2007.

Other key building regulatory activities include:

• implementing the accreditation regime for building consent authorities and helping them prepare for registration in November 2007
• implementing the product certification scheme to provide greater assurance about building product performance
• implementing the dam safety regime to provide greater assurance about public and property safety
• investigating and resolving complaints about the application of the Building Code and issuing determinations
• contributing to the quality regulation review led by the Ministry of Economic Development
• commissioning and conducting research on issues relating to housing affordability, and supporting the Commerce Committee inquiry into housing affordability as required.

Other key activities include:

• supporting legislative proposals for updating the Residential Tenancies Act 1986
• supporting legislative proposals for updating the Unit Titles Act 1972
• advising on an effective framework for resolving building-related disputes
• developing measurement tools to help improve the quality of existing buildings
• investigating home warranty insurance for new domestic dwellings, and for significant repairs and renovations
• monitoring and reporting on the performance of the building and housing sector
• actively participating in wider government programmes of work to improve the design and quality of the built environment, including the Urban Design Protocol, the Auckland Growth Strategy and the Sustainable Cities Programme.

How our outputs contribute to the strategy

Output Class	Output
Building Act 2004 Implementation	Building Code Review Establish Regulatory Schemes Sector Advice and Guidance
Building Regulation and Control	Set Standards for Building Implement the Review of the Building Code Sector Advice and Guidance Operate Regulatory Schemes Monitor Building Consent Authorities Building and Construction Monitoring, Research and Evaluation Resolve Disputes
Occupational Licensing	Develop and Implement Licensed Building Practitioner Scheme
Sector and Regulatory Policy	Sector and Regulatory Policy Advice