BUILDING LAW REFORM UPDATE

More than two years since the building law reforms were announced, Cabinet has agreed to the policy proposals developed by MBIE and outlined in the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act (2021/21)

MBIE says these changes support greater opportunity for innovation and economies of scale, improve trust and confidence in the building sector, and aim to:

• Introduce minimum information requirements about building products to support better and more efficient decision-making.
• Introduce a specialist framework for modern methods of construction, such as offsite manufacturing and prefabrication, and speed up the consenting process.
• Strengthen the product certification framework (CodeMark) to improve trust and confidence in the scheme.

Based on this decision, regulations can begin development and MBIE expects them to be approved by mid-2022.

The reform also included changes to how enforcement agencies investigate and punish offences against the Building Act, which were announced on 8 June 2021:

• The timeframe to investigate a potential offence against the Building Act and file a charge doubled from six to 12 months.
• Maximum penalties on conviction were increased to a level that reflected the seriousness of the offences.
• Some maximum penalties were different for individuals than those for organisations.