Building Update: December 2024

Building and planning, News

As the Christmas break fast approaches the team is looking forward to recharging after a hectic year.

The office will be closed from 20 of December 2024, reopening 6 January 2025. Our last inspections are on 19 December 2024, and resume 13 January 2025.

As we look forward to the new year, we wish you, your colleagues, and families a safe and happy Christmas and New Year.

 

Consenting numbers in Carterton District 2023 and 2024

 

Tiny homes and granny flats

We continue to get a number of queries regarding tiny homes.

A tiny home is a building, albeit maybe a small one, and the normal Building Code and Building Act provisions apply. Often, we get the first clue when someone says they want to build a tiny “house” as opposed to a big “caravan”.

Both the courts and MBIE determinations have basically said if you live in it like a house, use it as a house, then it is a house, regardless of the number of wheels.

This means construction would be subject to Building Consent approval. In the same way if you are placing a building onto foundations and installing services this would require consent.

You would have seen the press recently about granny flats. MBIE have recently provided a summary of feedback around their consultation on where granny flats up to 60sqm could be built without needing building or resource consents.

Councils have raised a number of concerns about the proposals with MBIE.

As a result, MBIE have said they are proceeding toward legislative change in mid 2025 to allow the construction of granny flats without consent. It appears that Councils will be forced to act as a record keeper as it relates to exempt work.

It is worth noting that currently the Building Act allows for the construction of some types of buildings without building consent. There are limitations around who can design and build them, footprint size, windzone and distances to other buildings or boundaries.

Despite no building consent being required, you may still need resource consent approval. In addition, the work must still comply with the Building Code.

 

More information

 

 

 

Quality of building work

From time-to-time people ask us about the quality of the workmanship on a project. Council do not comment on workmanship, this is not our role.

If you are concerned about the quality of work, download/view a pdf of the MBIE guidance on tolerances.

 

 

Changes to Building Code acceptable solutions

From the start of December there are changes around acceptable solutions [MBIE call this Building Code review]. From now on, when you apply for a consent, you need to show compliance with the new acceptable solutions associated with interconnected fire and smoke alarms in houses and water temperatures. [These changes don’t affect work that already has consent].

You don’t have to comply with the acceptable solutions however you will need to provide alternative solutions that would provide the same level of safety.

You may have heard about the proposed changes to H1 energy efficiency. There is some suggestion that MBIE may remove the latest acceptable solutions given a range of stories around over heating in modern houses and a statement saying it cost $50k to insulate a new house. Obviously strange stories like this without the facts aren’t helpful.

The MBIE team work hard to ensure the Building Code provides for outcomes that are good for people as we live in and use buildings.

Unfortunately these types of claims undermine all the good work that the MBIE team do.

Keep an eye on MBIE information and subscribe if you haven’t already. There is a lot of change happening at the moment.

 

 

Review of the consenting system

MBIE are still working on other matters such as the review on how consenting will look in the future.  This may include side stepping some or maybe all of the checks and balances that Council apply during the consenting and building process.

The suggestion is that there is a move from the current 67 odd councils to smaller numbers (councils merging building teams) or maybe 1 consenting authority across the country. They are also considering if private companies could do the building control functions quicker, cheaper and more efficiently than councils.

Part of this review also includes whether certain builders or building companies can self-certify their own work and bypass some of the Councils checks and balances.

This is occurring on the basis of reducing consents costs, speeding up the consenting system and improving efficiency and consistency across the councils.

You may be aware of the many claims being made about councils being an unnecessary burden associated with undertaking our consenting roles. The review will consider the burdens and consider how to remove them.

Although it would be useful to see the facts supporting the claims, councils do hope the ministry turns their mind to the other matters such as quality of design issues rather than solely blaming councils. Councils are also looking for assurances that as a result of the changes that will likely come, round two of the leaky building crises doesn’t occur.

If you have a view on what the future of consenting should look like, or how to improve the consenting system you can email BCAReform@mbie.govt.nz

 

Determinations

A pool photo from the north east corner.

2024/044: Whether a swimming pool barrier complies with Clause F9 of the Building Code

Recently, the Council has been involved in several determinations issued by MBIE. Determinations are binding decisions made when there is a disagreement between Councils and designers or builders on specific matters. They offer a cost-effective way to resolve disputes, and processing times for determinations appear to be improving, making them increasingly useful.

  • Determination 2024/044: Swimming pool barrier compliance
    This case assessed whether a swimming pool barrier (fence) complied with Code clause F9. The Council argued that a child could use the pole adjacent to the barrier to climb into the pool. However, the determination overturned the Council’s decision, stating that the pole did not provide any additional support that was not already part of the barrier itself.
  • Determination 2024/046: Notices to fix for an indoor playground
    This determination addressed the issuance of two notices to fix for a newly constructed indoor playground. While it was critical of the detail in the Council’s notices, it upheld the Council’s grounds for issuing them due to unconsented building work and compliance issues with Code clause B1 (structure).

On another issue, in Christchurch, a recent determination has clarified if a consent is required to install a wet floor tiled shower in the place of, for example, an acrylic shower unit. If you do many bathroom upgrades/changes etc you will find this useful. This determination is interesting as it is contrary to MBIE’s published guidance.

  • Determination 2024/054: Wet floor tiled shower installation
    This determination clarified whether a consent is required to replace an acrylic shower unit with a wet floor tiled shower. It is particularly relevant for those involved in bathroom upgrades, as it contradicts MBIE’s previously published guidance.

 

Christmas swimming pools

With the hot summer coming often people buy pools to help through the summer heat. Please be aware that if you install a pool, you will need to put a fence [Barrier] around it [in most circumstances]. The barrier needs to stop unsupervised children under five getting into the pool and drowning. You will need to apply for and obtain a building consent to install the barrier. The Barrier must be installed before the pool is filled.

 

 

Further information

 

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