Introduction

MBIE is conducting a review of the building consent system to address long standing issues impacting the consenting process.

The aim of the review is to modernise the system to provide assurance to building owners and users that building work will be done right the first time, thereby ensuring that buildings are well-made, healthy, durable, and safe. The review also supports the Government’s goals to create a streamlined building consent system, and support innovation in the building and construction sector.

In addition, the review responds to 2 of the Commerce Commission’s recommendations from its market study into residential building supplies – to promote competition as an objective of the building regulatory and to remove impediments to product substitution and variations.

The way in which we design and build is changing – previously new homes were mainly detached, single storey dwellings but there has been a significant shift to building multi-story units including townhouses and apartments. Design, procurement and building processes have also changed because of this. Building and housing types have become increasingly diverse, and the relevant building and construction trades have become more specialised. This demand for different types of buildings has increased to address demographic changes and pressures on housing affordability. In addition, increasing demand for faster consenting also creates a tension with the need for robust assurance systems to prevent building defects.

Consultation has been conducted in 2 phases. An issues discussion document, published in 2022 and options discussion document released in June 2023. The building consent review issues paper in 2022 found there were unnecessary costs in the system that directly and indirectly impact on the cost of building. This included delays and duplication of work, inconsistent processes and decision-making, limited accountability, and poor incentives to get building work right first time. The cumulative effect of these inefficiencies means build costs are more than they need to be.

This review aims to address these issues, both directly and indirectly through identifying ways to streamline consenting and reduce costs.

Following the release of an issues discussion document on July 2022, MBIE released an options discussion document for public consultation in June 2023. The high-level options were developed in response to the feedback received from the building sector on the issues paper, as well as evaluation and research on sector trends, how building work is regulated in other jurisdictions, and findings from previous reviews of the building regulatory system.

MBIE identified some preferred options or packages of options that could be prioritised, but others may require further policy design and consultation. The options paper sought feedback on these options, and other suggestions, to help inform the detailed design phase of the building consent review, including the benefits and costs.

This document summarises the submissions made on the options paper. All documents related to the previous issues discussion document are available on our website:

Building consent system review

Feedback was received from a wide range of stakeholders

Public consultation began on 22 June 2023, with submissions open for just over 8 weeks until 21 August 2023. A total of 53 questions were asked in the options paper.

To promote opportunities for feedback, MBIE released a media statement and emailed stakeholders who may have had an interest in the review of the building consent system. In addition, MBIE ran a publicity campaign and advertised the consultation on social media and the radio.

A total of 270 submissions were received from a range of stakeholders, with good representation across the building and construction sector. Figure 1 summarises the submissions received by stakeholder category (Annex 1 provides a full list of submitters).

Figure 1: Submitters by sub-sector
figure 1

28 Building Consent Authority's submitted, including 25 of the 67 building consent authorities and building consent authority cluster group. Additionally, 17 submissions were received from individual building control officers. 31 industry organisations made submissions, representing a range of stakeholders across the building and construction sector including plumbers, gasfitters, and drainlayers; roofing, flooring, and frame manufacturers; and local government. 7 submissions were made by homeowners. Excluding “Other”, designers and architects comprised the largest group of submitters (61), followed by industry organisations (31), builders (31), and engineers (21).