Building Platforms & Site WorksOften the first stage of a building project, especially on an empty lot, is to level the site and create a “building platform”. Many of these platforms either cut into the sloping site or are built up by additional soils or metals and compacted to create that level platform.This type of work is defined as “building work” under the Building Act 2004 and must be approved by Council (as part of a building consent) BEFORE the work is undertaken. In most situations an engineer’s design and producer statement will be required to verify compliance. Therefore if you are the main contractor or an earthworks contractor, it is your responsibility to ensure that you are carrying out this work in accordance with the building consent, which means that you need to sight the approved plans before you do anything. PLEASE BE AWARE that carrying out building work without a consent can result in hefty penalties so please ensure you are doing the right thing.
Retaining WallsAs the name suggests these walls retain stuff, for example the ground, buildings or driveways, and can be located anywhere. The design of a retaining wall is to be carried out by a CPEng engineer and will require design and producer statements.A building consent is required for any retaining wall greater than 1.5m in height (from its supporting ground) and for any retaining wall that is subject to a surcharge. A surcharge is the additional force applied to the retaining wall from either a building in close proximity, a driveway or some other load (your engineer will determine this). New subdivisions (in particular residential) can include retaining walls strategically located around some or all of the sections. Generally this is not an issue, however once a dwelling is erected, these retaining walls may become subject to a surcharge and or require a barrier if the fall is 1.0m or more, as they are now associated with a dwelling. So as you can see, what initially started out as a simple retaining wall has the potential to develop into something more than what was considered in the first place. Therefore, if retaining walls are associated with your project, please make sure you undertake the necessary due diligence before any work commences.
Your Consent Needs You! Do you know if all the consents relating to your property have been signed off (CCC issued)?A Code Compliance Certificate or CCC is one of the most important documents you can ever have. The CCC is confirmation that your building work has been completed in accordance with your consent. There are many consents within our district that do not have their CCC issued and yours may be one of them. A number of issues can arise from having no CCC. These can be anything from insurance claims being denied to Council refusing to issue CCC. The building owner is ultimately responsible under the Building Act, however if you have been contracted by the owner to deal with the consent you have certain contractual responsibilities as well. Therefore it is very important that an application for CCC is submitted to Council as soon as practicable once the building work has been completed so we can get the consent process completed.
Pre-Application is KeyAs an industry you'll be aware of the documentation required to be provided with each application, but what do you do when you’re unsure?A good idea is to involve other experts in design areas that you may not be familiar with, eg Fire, Structural or Geotech engineers, complex claddings, Plumbing and Drainage, Ventilation or Hazardous substances. Our industry has many specialisms, and it is important that you make use of this knowledge and experience. Once you believe that you have some or all of the info needed, I would encourage you to arrange a “Pre-Consent” meeting, especially for those more complex projects. To arrange a meeting you can contact the Building Advisory Officer by calling 03 687 7236. IMPORTANT NOTE: When completing your application either online or in hard copy, please ensure that your design is sized to fit pages of A3 size (max), as anything bigger proves to be time consuming to process as you can only view a small amount of the information at any one time, therefore potentially increasing the consent cost. Once you are ready to submit your application please take the time to check it over, ensuring that you are providing all necessary information before you submit it to Council. You can access more info from these pages: https://www.timaru.govt.nz/services/building https://www.timaru.govt.nz/services/building/building-consents/forms-and-checklists
Producer StatementsProducer statements have an important place in the building and construction industry. These documents (an alternative solution) can be used as a means of compliance and a tool for the Building Consent Authority (BCA) to be satisfied on reasonable grounds. However they are not a “given” as the BCA will only accept them in certain situations and if specific criteria have been met.Please make sure that when you submit a producer statement, or you incorporate it with the building consent application, they are completed in full, identify the relevant code clauses, have a design summary, an inspection/monitoring schedule and that the author of the statement is suitably qualified and authorised to provide it.
Refusing a Building ConsentThe Building Unit are looking at reviewing its policy on refusing building consents. The review outcome is designed to reduce any unnecessary time and money relating to the technical checking process of an application.Unfortunately many applicants have been using this process, including the requests for further information (RFI’s), to effectively have the BCA peer review their designs and tell them what else they need to provide. Additionally we as Building Control Officers will be reviewing how we craft our RFI letters to ensure they can be interpreted better by the recipient. All of these issues have slowed the process down making it less efficient, less effective and costlier. More information of this review will be sent out and published on the Timaru District Council website once completed, however if you have suggestions or ideas on how this might work best for you then please email Jayson.ellis@timdc.govt.nz We intend to collaborate with other local Councils so we can achieve a more consistent approach. Once we have compiled all the info we will be conducting workshops with local designers and builders on how this process will be carried out and what it will mean for you.
Building Warrant of Fitness AuditsAuditing BWOF’s is an important process, “checking the checkers”, that ensures building owners and Independent Qualified Persons (IQPs) are meeting their obligations, thus ensuring people will be safe while they are working in or visiting that building. These audits may be undertaken as regularly as once a year or as appropriate according the complexity of the buildings use. The audit will involve an onsite inspection of the building and a review of the maintenance records for those specified systems your compliance schedule.Sections 100 to 108 of the Building Act 2004 outline the owner’s obligations to ensure that a compliance schedule is accurate, that the inspection maintenance and reporting procedures are fully complied with, and that records are available at the time of the Council’s onsite audit inspection. These sections of the Act also identify the consequences for the building owner should any non-compliances be identified from the audit. During the onsite audit inspection the Council officer will be checking; - The current and signed Warrant of Fitness Certificate (form 12) is displayed in a public place on site;
- That the owners inspection manual is present, has the compliance schedule attached, is up to date and has the completed owner inspection records;
- Evidence of two year’s worth of “inter-year” inspections from all the IQP providers. This will mean a list of completed monthly / 3-monthly / 6-monthly inspection reports of the systems as listed on the compliance schedule.
Note: These are important as this is where many audits fail The auditor will also walk through the building to ensure that the compliance schedule is accurate to the systems in the building. The officer is likely to check consent records to ensure that systems installed have been undertaken with the appropriate approvals. Unconsented systems will be subject to a Notice To Fix and or a Certificate of Acceptance process. You may wish to have your IQP present at the audit.Section 108 of the Building Act 2004 Infringement offences and fees A person commits an offence if the person: - Fails to supply to the territorial authority the building warrant of fitness; or
- Fails to display a building warrant of fitness that is required to be displayed under this section; or
- Displays a false or misleading building warrant of fitness; or
- Displays a building warrant of fitness otherwise than in accordance with this section.
A person who commits an offence under this section is liable on conviction to a fine not exceeding $20,000.
Specified SystemsSpecified systems help ensure a building is safe and healthy for people to enter, occupy or work in. They require ongoing inspection and maintenance to ensure they function as required. If they fail to operate properly, they have the potential to affect the health or life of those people.The building owner will be issued with a Compliance Schedule at the same time as their Code Compliance Certificate and it is the responsibility of a building owner to ensure the specified systems continue to perform as was intended when they were installed. If you wish to undertake building work that will either affect an existing specified system or to install a new or additional specified system, this work will require a building consent to be obtained and/or your Compliance Schedule may need to be amended as a result. Due to the nature of this type of work being life safety features, it is very important that you inform Council of your proposed changes, provide all relevant information and documentation with your consent application and/or amendment to your Compliance Schedule. As there are significant penalties for those who do not comply, please ensure that you are familiar with your responsibilities. For further information you can contact Mary Gazzard 03 687 7468 or mary.gazzard@timdc.govt.nz
Where is my consent at?Some of you will have had consent applications submitted to Council and then have been put on hold for varying reasons, for example RFI’s (Request for Further Information), or the owner wants to change the scope of the project etc.This can sometimes mean that the application sits around in limbo, waiting. Therefore we would like to get these applications to a conclusion one way or the other which will mean contacting the applicant after 60 days (from being put on hold) to determine whether we can grant the consent or refuse it. You can follow the progress of your consent application via the TDC website at: https://www.timaru.govt.nz/services/rates-and-property/application-search |