Legislative pause only applies to Building Code

The Ministry of Building, Innovation and Employment (MBIE) has confirmed that major changes to the Building Code system will be paused until 2028, as part of a shift to a new three‑year update cycle. The ministry says the decision is intended to give the construction sector a more predictable regulatory environment and reduce disruption to builders and designers planning long‑term projects 

Dave Gittings, Manager Building Performance and Engineering at MBIE, said the cycle only applies to the Building Code system and does not affect the wider Building Act 2004. 

“The three‑year cycle of changes Minister Penk announced last week only applies to the Building Code system, not the Building Act 2004 as a whole,” Gittings said. “The Building Code system includes the Building Code (found in regulations made under the Building Act) and a range of technical compliance documents, including Acceptable Solutions and Verification Methods (AS/VMs) and the Building Product Specifications (BPS).” 

Although BPS is included in the Building Code, Gittings confirmed that changes to it would continue outside the three-year cycle. 

“Updating the BPS will provide the sector with more compliance options by making multiple equivalent standards for products accessible,” he said. “As a result, these changes will not change minimum requirements and will not have cost implications for complying with the Building Code. MBIE is actively considering additional product standards to cite in the next edition of the BPS, and welcomes input from stakeholders on this issue.” 

Gittings confirmed that wider legislative changes to the Building Act will continue, including reforms around granny flats and new self‑certification schemes. 

According to MBIE, a major change to the Building Code typically includes those that alter construction methodologies or introduce significant new compliance costs. By formalising a three‑year cycle, MBIE intends to give the sector greater clarity for future investment decisions. 

“Introducing a predictable cycle of updates aims to provide the construction sector with greater certainty to support future planning and investment,” said Gittings. 

While large‑scale updates are now tied to a regular schedule, MBIE confirmed that urgent or minor changes may still be introduced outside that cycle.  

“The Government will continue to look closely at simple, commonsense changes that can be progressed in between cycles,” Gittings said. He cited updates to AS/VMs to reflect revised standards as one example. Safety or trade‑related changes may also proceed as needed. 

Minister clarifies Opposition role 

Minister for Building and Construction Chris Penk told Under Construction the change aims to reduce uncertainty for those working across infrastructure and housing projects. 

“Builders, designers and developers must be able to invest in the infrastructure and housing New Zealand urgently needs, without compliance goalposts shifting,” Penk said. 

He also addressed political commentary on the reform, stating that no formal Opposition support was required for the policy. 

“While the Opposition has not indicated support for the pause, it is important to clarify that detailed decisions on Code changes sit with the Chief Executive for MBIE, [who] has responsibility for the Building Code system’s compliance documents,” Penk said. “The Chief Executive has endorsed a new three‑year cycle for considering major changes to the Building Code system. 

“This cyclical approach applies only to the Building Code system, not the broader Building Act. There is no single piece of legislation for the Opposition to either support or oppose.” 

Current reform work continues 

Work on existing Building Code initiatives – including updates to energy efficiency, fire safety and the use of overseas building products – will continue under MBIE’s current programme. 

The decision aligns New Zealand more closely with regulatory cycles in Australia and aims to reduce the burden of frequent compliance changes across the sector.