Minor variations live

Changes to minor variations and building forms, and new minor customisation regulations are now in effect

The new and amended building regulations – updated to clarify the definition of a ‘minor variation’ and create a definition of a ‘minor customisation’ for MultiProof approvals – came into effect on 30 September 2024.

According to a Cabinet paper, the changes are as follows:

• Amend the Building (Minor Variations) Regulations 2009 to clarify the definition of ‘minor variation’ by incorporating key considerations such as equivalence of building product performance or flow-on impacts on the building system designed.
• Amend the building consent forms under the Building (Forms) Regulations 2004 to enable building consent applicants to specify suitable comparable building product options, should they choose to do so.
• Use the regulations making power under section 402(1)(kc) of the Act to make regulations that define ‘minor customisation’. This will improve the flexibility of the MultiProof scheme and ensure applicants can still rely on a MultiProof approval when they make a minor change to the pre-approved building designs, without risking the approval becoming inapplicable for that consent application.

Additionally, building consent forms will be modified to support optional pre-approval of alternative products, plans or specifications.

The changes are designed to improve the flexibility and efficiency of the building consent process and encourage competition for building products. Additionally, the changes address some of the Commerce Commission’s recommendations following a market study into residential building supplies.

“Previously, builders who wanted to make a minor change – for example, substituting one type of product for another, or changing the layout of a room – often had to apply for an amendment to their building consent, which inevitably adds time and delay,” said Building and Construction Minister Chris Penk.

“Making it easier to substitute like-for-like building products will allow for greater competition and gives effect to one of the Commerce Commission’s recommendations from its building supplies market study. It also connects with the Government’s work to make it easier to use overseas building products that meet New Zealand standards.”

More clarifying than changing

Prior to the changes coming into effect on 30 September, the Building Act allowed for minor variations to plans and specifications to an existing building consent. However, the process could sometimes lead to a formal building consent amendment being generated for small changes. By amending ‘minor variations regulations’ to clarify what constitutes a ‘minor variation’, and publishing a Minor Variations Guidance document, the Government hopes to avoid the latter.

“Amended minor variation regulations seek to better clarify what level of discretion is available to BCAs when it comes to small changes to the building design or specifications, after a building consent has been issued, that achieve an equivalent level of performance and do not affect Building Code compliance,” said Sharon Threadwell, MBIE Acting Head of Building System Delivery and Assurance.

“A minor variation could include substituting a comparable product, like swapping out one brand of internal wall lining for a different brand of similar internal wall lining.

“BCAs will still need to assess proposed building work to ensure the building will comply with the Building Code, but builders won’t need to make formal amendments to a building consent for minor, straightforward product or design changes.”

‘Minor customisation’ new

The changes also apply to MultiProof designs, which will allow home builders to make minor variations to pre-approved designs without requiring further consents, said Penk.

“MultiProof designs […] are designs that have been pre-approved, meaning Building Consent Authorities must make a decision within 10 working days of receiving an application with a MultiProof design, rather than the usual 20 working days for a standard design.

“Now homebuilders will be able to make small customisations to these pre-approved designs without sacrificing the benefit of faster consenting and less red tape.”