Building Material Changes – For the future – Present and the Past

  • December 18, 2024

Building Material Changes – For the future – Present and the Past

Ch-ch-ch-ch-changes (turn and face the strange)
Ch-ch-changes, oh, look out you rock ‘n rollers
(D Bowie 1971)

If you have ever wondered about being able to change building materials in NZ, this is the article for you. In theory, the process is simple. However, the process, information required, and timeframe can be very different for –

  • New work (not yet built),
  • Work under construction, and
  • Work on existing buildings.

This article is in 2 Parts:

Part 1: Awareness of the importance to follow process when changing materials for construction.

Part 2: A guide to building material change process for:

  • New Design (Options)
  • Work under construction (Process)
  • Existing Buildings (Permitted)

(To be published in February 2025).

Part 1: Awareness of the importance to follow process when changing materials for construction.

If we consider the lifespan of a building to encompass the following 4 main stages:

  1. Concept and Planning
  2. Design and Development
  3. Construction
  4. Operation and Use

At any stage within a building lifespan, it is likely that materials will be chosen, specified, used, and potentially changed.

In New Zealand, when making changes to building materials during the construction process, there are specific requirements under the Building Act 2004 (BA04) and related regulations to ensure compliance with the New Zealand Building Code (NZBC). The process is generally dependent on the status (or stage) of the project at the time the change is proposed.

Consequence to not gaining approval.

Making changes to a building material or system during construction without appropriate approval can lead to serious consequences under the BA04, which can result in fines and criminal prosecution. These consequences are intended to deter unapproved changes that could compromise the safety, durability, and compliance of a building.

However, it is more likely that unapproved changes will result in project delays, contract disputes, non-compliances, legal liabilities, reputational damage, and frustration for all parties to the contract.

The following table is a high-level guide to how and when material changes should be considered. What is the process. Who is involved and what are the potential consequences for not following the correct process.

Time of Material change Change Process Parties to Approval Process Unapproved Consequence
During Concept Design

 

 Informal – Client/Stakeholder approval Can result in failure to deliver on brief and significant construction costs and delays.
RMA Approval Formal- Local Regulatory Council / Affected Parties Delays and worse case revocation of RMA permission. Potential fines or criminal charges.
During Building Consent Formal- Building Consent Authority – Building Owner – Contract Parties Delays and worse case refusal of Building Consent
During Construction Formal- Building Consent Authority – Building Owner – Original Designer – Contract Parties (Material/System Supplier) Delays and worse case, stop work notices and refusal to issue Code Compliance Certification
Post completion Formal- Potentially *Building Consent Authority/Territorial Authority – Building Owner – Original Designer – Contract Parties (Material/System Supplier) Delays to occupancy or conveyance. Worse case refusal to issue Code Compliance Certification. A need to obtain Certificate of Acceptance (if the change was not captured during BCA inspections). Potential fines or criminal charges.
In-service Maintenance Formal- Potentially *Building Consent Authority/Territorial Authority – Building Owner – Building Tenants (Material/System Supplier) Impact on ongoing safe occupancy. Worse case a need to obtain Certificate of Acceptance (if the change has already happened and needed building approval. Potential fines or criminal charges.

After the holidays, Farsight will take a closer look into the process for material changes for: –

  • New Design
  • Work under construction.
  • Existing Buildings

Farsight will provide worked examples to help you get the building material change process right first time.

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