8 - Compliance with other Building Act requirements
Purpose
To examine the Council's performance on a range of other building control operations required by the Building Act that are not specifically covered under the other parts of the review's terms of reference.
Background
The Building Act contains a range of obligations and responsibilities relevant to the Council's building control operations. The key requirements examined under this part of the review include:
- building on land subject to erosion, etc (sections 71-74)16
- alterations and changes of use to existing buildings (sections 112, 114 and 115)17
- dangerous and insanitary buildings (sections 121 and 123)18
- earthquake-prone buildings (section 122).19
Initial review
The Council had no formal policy or procedures relating to sections 36, 38 and 46 of the Building Act 1991. It was also found that some staff lacked a sound understanding of these sections or their implications.
The Council did not have a formal policy or procedure for assessing and dealing with dangerous and insanitary buildings, although the Council did instigate proceedings when necessary.
The Council needed to develop a formal register of earthquake-prone buildings as the Council was in a high earthquake risk region (Zone A). The Council's delegations register indicated that no delegation of building control functions regarding earthquake-prone buildings had been made beyond the Council's Chief Executive. This limited the enforcement role of building consent officers.
Recommendations made and action taken by the Council
| Recommendations made to the Council |
Action taken by the Council before the follow-up review |
| Develop procedures to ensure consistent application of requirements under sections 36, 38 and 46 of the Building Act 1991 and the clear documentation of consideration of these issues.NB: with the passage of the Building Act 2004, the above sections are now covered by sections 71-74, 112 and 114-115 of the 2004 Act. |
The Council had not implemented this recommendation. |
| Ensure staff receive appropriate training regarding their obligations under these sections. |
The Council had not implemented this recommendation. |
| Develop a policy to guide its decision-making on the assessment and consequent action for buildings that are potentially dangerous or insanitary. |
The Council developed a policy for dangerous and insanitary buildings. |
| Develop a policy to identify and assess earthquake-prone structures and establish guidelines for their strengthening according to the provisions of the Building Act. |
The Council developed a policy for earthquake-prone buildings. |
| Ensure its delegation of responsibility for building control work regarding earthquake-prone buildings has been appropriately undertaken and delegated to officers with the appropriate skills and experience. |
The Council delegated functions in relation to earthquake-prone buildings to appropriate building control officers. |
Follow-up review
The Council had yet to develop formal policies and procedures in relation to the application of change of use (sections 114-115) and alteration to existing buildings (section 112) provisions. It had also not yet developed a policy in relation to building on land subject to erosion (sections 71-74).
The Department saw no evidence that the Council had provided staff with training in these areas.
The Council had developed a policy for dangerous and insanitary buildings as required by section 131 of the Building Act 2004.
The Council had engaged an engineer to undertake a desktop analysis of buildings in the district that may be earthquake-prone. The Council had also developed a policy for earthquake-prone buildings as required by section 131 of the Building Act 2004. Furthermore, the Council had delegated functions in relation to earthquake-prone buildings to appropriate building control officers.
The Department reiterated the recommendations still outstanding from the initial review.
Recommendations made and responses from the Council
| Recommendations made to the Council |
Response from the Council |
| Develop policies and procedures to ensure consistent application of requirements under sections 112, 114-115 and 71-74 of the Building Act 2004 and that consideration of these issues is clearly documented. |
The Council advised it has developed policies and procedures to ensure consistent application of these requirements as part of its accreditation as a building consent authority. This includes documenting consideration given and decisions made. |
| Ensure all staff are trained to apply these policies and procedures consistently. |
The Council advised that all staff have received, or are in the process of receiving, training in the application of these policies and procedures. |
Conclusion
The Council has progressed the Department's recommendations. This work has also continued as part of its preparations for accreditation as a building consent authority. However, because this occurred after the follow-up review visit, the Department did not assess such work.