How the Building Code works

The Building Code states how a building must perform in its intended use rather than describing how the building must be designed and constructed. In other words, it is a performance-based Building Code.

It sets the minimum building standards for building work, but not how to meet them. You cannot do less than the minimum, but you can exceed these minimum standards.

The Building Code covers aspects of a building such as structural stability, durability, protection from fire, access, moisture control, services and facilities, and energy efficiency.

Building regulatory framework

Legislation and regulations

The Building Act 2004 is the primary legislation that sets out the rules for buildings and building work in New Zealand. This includes how buildings must perform, how building work can be done, who can do it, and what checks and consumer protections apply.

The Building Act 2004

The Building Code is contained in Schedule 1 of the Building Regulations 1992, which is secondary legislation that sits directly below the Building Act. 

The Building Code clauses include objectives, functional requirements and performance criteria. All building work must comply with the Building Code. The Building Code regulatory framework is illustrated in Figure 1 below.

Figure 1: Regulation framework showing some ways to comply with the Building Code

Other regulations made under the Building Act set out further aspects of building controls, such as prescribed forms, specified systems, changes of use, restricted building work, information on building products, levies, fees and infringements.

The legislation and regulations work together as the building regulatory system.

There is other legislation that also affects buildings and building work, including:

• Resource Management Act 1991
• laws specifying certain plumbing, gas and electrical work must be done by qualified professionals
• Fire and Emergency New Zealand Act 2017
• local council bylaws.

Other legislation affecting building and building work — mbie.govt.nz

Compliance pathways

In the building regulatory system, there are different ways to comply with the Building Code. The compliance pathways include acceptable solutions, verification methods, alternative solutions, and other means to comply.

Acceptable solutions and verification methods provide information about materials, construction details and calculation methods. These are deemed to comply with the Building Code and are the easiest ways to ensure a building meets the performance requirements set out in the Building Code. If followed, they must be accepted by a building consent authority (BCA) as complying with the related Building Code provisions.

An alternative solution is a flexible option that promotes innovation. It allows the use of an innovative method or material provided it can be shown to comply with the performance requirements of the Code.

The Building Act contains other means to comply with the Building Code.

Different ways to comply with the Building Code

Find acceptable solutions, verification methods, updates and technical guidance by Building Code clause in Building Code compliance.

Building Product Specifications

In July 2025, MBIE introduced the Building Product Specifications. The Building Product Specifications contains specifications for building products in relation to their manufacture, fabrication, testing, quality control, physical properties, performance, installation, and/or maintenance.

Acceptable solutions and verification methods may cite the Building Product Specifications to include relevant product specification requirements. Where this occurs, the Building Product Specifications forms part of the acceptable solution or verification method, and products used in conjunction with these compliance pathways must comply with any relevant specifications.
 
The Building Product Specifications cannot be used in isolation to demonstrate compliance with any requirement of the Building Code. Acceptable solutions and verification methods outline how the product is used in building work. Building products conforming to the Building Product Specifications must be used with the scope, limitations, and other applicable requirements set out in the relevant acceptable solutions and verification methods.

Building Product Specifications

Cited standards and documents

Acceptable solutions, verification methods, and the Building Product Specifications include references to standards and documents as part of the compliance pathway.

The role and development of standards in the Building Code

Guidance and information supporting the Building Code

The bottom two tiers of the triangle in Figure 1 consist of guidance and information. MBIE issues guidance under section 175 of the Building Act. Guidance may help you make decisions on how to comply with the Building Code. MBIE has also published handbooks for the Building Code and compliance schedules.

New Zealand Building Code handbook

Compliance schedule handbook

Other information not referenced in acceptable solutions or verification methods may help to show compliance as an alternative solution. This can include New Zealand or overseas standards, codes of practice and other information provided by the building and construction industry.

For standards from overseas, MBIE publishes a list of Endorsed Standards. Endorsed Standards are the recognition of overseas groups of standards and standards certification schemes by the Minister for Building and Construction. Endorsed Standards can support Building Code compliance using an alternative solution by providing information about what standards from overseas standards organisations could be considered when specifying building products that will comply with the Building Code. This can make it easier to use building products from recognised overseas jurisdictions.

Endorsed Standards

Structure of the Building Code

The Building Code consists of three general clauses and 38 technical clauses.

A list of all the Building Code Clauses can be found in Building Code compliance

Classifications

When reading the Building Code, refer to the A clauses for general classifications. Clause A1 lists seven classified uses for buildings:

• housing
• communal
• residential
• communal non-residential
• commercial
• industrial
• outbuilding
• ancillary.

The categories are used to identify where parts of the Building Code apply (the 'limits on application'). A building with a given classified use may have one or more 'intended uses', this is set out in section 7 of the Building Act.

Definitions

The Building Act, Building Code, related regulations and acceptable solutions and verification methods provide definitions.

Sections 7 to 10 of the Building Act are the primary source of definitions. For example, the Building Act sets out the meaning of “building work” and what constitutes a "building". Clause A2 of the Building Code contains interpretations related to the other Building Code clauses.

Technical clauses

 Within each technical clause the requirements are explained in three levels:

1. Objectives - social objectives from the Building Act.
2. Functional requirements - functions the building must perform to meet the Objective.
3. Performance criteria - the performance criteria the building must achieve.

The Objective and Functional requirement of each clause can be achieved by meeting the Performance criteria.

Clauses are grouped and described by a letter and number, for example:

• B Stability
  • B1 Structure
  • B2 Durability

The exception is for the protection from fire clauses, C1 to C6, which are set out differently.

Alongside the Objective, Functional requirement and Performance criteria given for each Building Code clause, there may be 'Limits on application' (limits on where the clause can be applied).

For example, Functional requirement D1.2.1 says "Buildings shall be provided with reasonable and adequate access to enable safe and easy movement of people" and the Limits on application says "Requirement D1.2.1 shall not apply to ancillary buildings or outbuildings".

Development of the Building Code

To ensure the Building Code continues to set appropriate minimum standards for the performance of New Zealand's buildings, MBIE seeks to improve it and the acceptable solutions, verification methods and Building Product Specifications that support it.

Online versions of the Building Code, acceptable solutions, verification methods and Building Product Specifications are up to date. Check any printed copies against the online versions to see if they are superseded.

Find acceptable solutions, verification methods, updates and technical guidance by Building Code clause in Building Code compliance

Record of amendments of changes to the acceptable solutions, verification methods, and handbooks

Building Product Specifications

MBIE undertakes consultation before making changes to the Building Code, or to the acceptable solutions, verification methods and Building Product Specifications.

Maintaining the Building Code

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Role of regulators

MBIE

MBIE has the role of central regulator and steward of the building regulatory system. The overarching aim is to grow New Zealand for all through safer, healthier and more affordable homes and buildings.

As the central regulator, MBIE's role includes to:

• review the Building Code and publish acceptable solutions and verification methods that show how to comply with it
• monitor the performance of district and city councils
• investigate complaints
• make determinations about disputes on certain building matters.

As the regulatory steward, MBIE works alongside building practitioners, government agencies, other regulators and the construction industry to understand what matters to the sector and to improve the regulatory system.

Building consent authorities

Most city and district councils act as building consent authorities (BCA). They may also contract these services out.

The role of BCAs is to:

• issue building consents
• carry out inspections during construction
• issue code compliance certificates
• certify that the finished work complies with the Building Code
• issue notices to fix and compliance schedules.

BCAs charge a fee for these services. The fee depends on the BCA and the amount of work involved.

District and city councils

Councils have a range of building-related responsibilities in addition to building consent functions, which include to:

• keep records about all the properties in their area
• issue project information memoranda (PIM) and certificates of acceptance
• monitor compliance schedules and follow up notices to fix.

They must also have policies for dangerous and insanitary buildings, and dangerous dams.

Councils have powers to address breaches of the Building Act. They can issue infringement notices or, in some circumstances, organise for remedial work to be done.