Question 12
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What was asked
Question 12: Is there anything else you would like to comment on regarding the Building Act aspects of this proposal?
Overall, 493 submitters answered this question. A wide range of views were provided, comments and concerns were often consistent within the different demographic groups.
Summary of feedback
Homeowners
Homeowners often submitted that the proposed conditions were too restrictive and were lacking sufficient justification, for example, the exclusion of wood-burners and wet-room showers. Others submitted that a granny flat should be allowed to be built without the requirement for a primary dwelling on the same title.
Several homeowners stated that consideration should be given to allowing an owner-builder to carry out this building work as it is simple and low-risk.
Iwi, hapū and Māori
Various additional suggestions were made by iwi, hapū and Māori submitters on this question. One organisation recommended that the policy be broadened to also include alterations to existing buildings. Another commented that council development contributions should be charged based on the relative increase in use of local infrastructure.
As discussed in earlier questions, submitters raised their concerns with the applicability of the proposal to papakāinga developments and building on whenua land.
Councils (including Building Consent Authorities)
Many councils stressed the importance of information and education to support the implementation of the policy. Councils stated that it was vital that homeowners and tradespeople alike understand that these dwellings are still required to be built in accordance with the Building Code. Further, they submitted that owners need to be made aware that councils do not play any role in quality assurance if the exemption is used, but also that owners still have the option to proceed under the existing consenting system.
Some councils submitted that ongoing professional development for relevant tradespeople is pivotal to ensure they are aware of updates to Building Code requirements.
Another key theme in council submissions was the concern that by removing the building consent, risks for resilience to natural hazards would not be identified or addressed.
Lastly, councils consistently stated that they must be specifically excluded from liability for granny flats built under the proposed exemption and that if action needs to be taken in response to non-compliance, councils should have a mechanism to recover costs incurred dealing with the matter.
Industry
Architects and designers were concerned with the level of responsibility that the proposal places on homeowners to determine who is a competent and qualified professional and who is not. Additionally, some submitters recommended the regulations stipulate the personal responsibility of all approved building professionals in terms of safety, quality, and performance of these small dwellings.
Electricity companies were concerned that due to the removal of council oversight, granny flats would be built too close to power lines. Some recommended that explicit reference to the electrical code of practice, NZECP34, is made within the Building Act.