Satisfied on reasonable grounds

Building consent authorities (BCAs) need to be ‘satisfied on reasonable grounds’ that building work will meet the requirements of the Building Code, before they can issue the building consent. This is not always as simple as comparing the plans with the performance requirements of Building Code

The Building Code is performance-based, meaning it states how a finished building must perform in its intended use, rather than describing how it must be designed or constructed. The Building Act provides several ways to demonstrate compliance:

• Acceptable solutions – specific construction methods that comply with the Building Code. The Building Code clauses generally have one or more acceptable solutions.
• Verification methods – methods of testing, calculations, and measurements that comply with the Code.
• Alternative solutions – where all or part of the building design differs from either of the above, and other ways are used to show how it complies with the Code.

Acceptable solutions and verification methods, if followed, must be accepted by a BCA as complying with the Building Code provisions. There are other paths that must also be accepted as compliant by a BCA, such as product certification, energy work certificates, and Determinations issued by the Ministry of Business, Innovation and Employment (MBIE). However, when the design includes specifically designed or bespoke features (alternative solutions), which could affect how the completed building performs in its intended use, the designer needs to show the BCA how that design will meet the performance requirements of the Code. The BCA needs to use its collective experience to determine compliance.

This is also the case when deciding whether to issue a Code Compliance Certificate (CCC). In fact, the CCC must include the declaration that the BCA is ‘satisfied on reasonable grounds’ that the building work complies with the building consent. Being satisfied on reasonable grounds means having enough evidence or justification to believe something to be true or valid.

If, for any reason, work is carried out differently on-site to what the designer detailed, it is important to involve the designer, so that they have an opportunity to make a new case for compliance. If the inspector finds that the detail on-site differs from that shown, they have no option but to fail the inspection. This could potentially lead to costly delays on-site.

Although the BCA is ultimately responsible for building consent outcomes, other parties play a key role in contributing to whether a BCA can be satisfied on reasonable grounds:

• Owners are responsible for obtaining consents, approvals, and certificates.
• Designers are responsible for ensuring the plans and specifications are sufficient to result in the building work complying with the Building Code.
• Builders are responsible for ensuring that building work complies with the building consent and the plans and specifications that relate to that consent.

MBIE has developed a guidance document, ‘Satisfied on Reasonable Grounds’. This guidance document aims to help improve understanding of what satisfied on reasonable grounds means and how to apply it. It also provides clarity for BCAs and assists them in achieving a consistent approach in applying the ‘reasonable grounds’ test.

The guidance is primarily for BCAs; however, it also provides helpful information and understanding for designers, builders, and owners in their various roles.

Click here for more guidance on ‘satisfied on reasonable grounds’.

This article is an excerpt from Codewords Issue 121. Reading Codewords articles that are relevant to your licence class is a mandatory requirement for Licensed Building Practitioners. These questions can be answered through the LBP portal, online on the Under Construction website or recorded on the magazine, then provided at the time of renewal.