Information requirements

Responsibilities

Product classes

There are two classes of designated building product as defined in the regulations.

Information requirements

Each class has slightly different disclosure information requirements, but the main distinction is when the information must be provided. The intent is that consumers have access to information about a building product before they purchase it.

The below summarises the information that must be provided for each class of product and when the information must be made available.

Providing information

The following outlines the information that needs to be provided for a building product under the new regulations. Class 2 building products require slightly more information than class 1.

• the product's name
• a description of the building product for class 1 or a description of the building product line from which the building product is customised for class 2
• a product identifier
• an identifier for the building product line, to distinguish that product line from other building product lines if needed for class 2 products only
• details of the manufacturer and (where applicable) importer, including address and contact information
• information on the scope and limitations of use for the building product, and how it is expected to contribute to relevant Building Code clauses
• design, installation, and maintenance requirements
• a statement confirming the product is not subject to a warning or ban under the Building Act 2004, or a description of any warning or ban that has been made in relation to the product.

Read MBIE's checklist for a detailed list of both class 1 and class 2 building products [PDF 470KB]

When must information be provided

• Class 1: Either before or when the product is offered for supply by a wholesaler, retailer, or other distributor of the product.
• Class 2: Prior to ordering so that potential consumers know they are ordering the right product.

How must information be provided

• Published and maintained on an internet site, free of charge and accessible without pre-conditions (eg a login).
• The address of the internet site must be on the product, or its packaging, or on a sign next to the product (where appropriate).
• If the product is sold on the internet, the address of the internet site must be published where the product is displayed and in a way that provides a clear link to where the product information can be accessed.
• In case the above requirements are impractical for a particular product, the address of the internet site where the product information is published, can also be disclosed in any similar way that provides the public with a clear link to the internet site where the required product information can be accessed.

Maintaining information

• Required product information must be kept up to date on the relevant internet site from which the information is accessible to the public.
• Any changes to the address of the internet site must be communicated to the public to the extent practicable and as soon as practicable.

The required product information must continue to be maintained on the internet site while the product is supplied or offered for supply, even if the product has been superseded, or the product is no longer manufactured.

Importance of manufacturer details

Transparency of the building product manufacturer will help support homeowners, product specifiers, and building consent authorities make informed decisions about building products. Knowing who manufactures a building product may support confidence or a person’s decision about whether they wish to use a building product. Some consumers may wish to select a product where the manufacturer is closer to home to reduce the emissions involved in transporting the product for example.

Disclosure of the name and contact details of the overseas manufacturer will also assist MBIE where there is a potential product failure. It is challenging to gather information and carry out an investigation without information about the overseas manufacturer, particularly where an Aotearoa New Zealand-based importer has gone out of business.

Improving the quality of building product information is also part of the Government's response to the Commerce Commission's recent market study into residential building supplies. See Government taking action to improve building supply competition - beehive.govt.nz

Building products not impacted by the regulations

If a building product meets any of the following criteria, then it is not impacted by the regulations:

• a building product that is registered under the CodeMark scheme
• a building product that is a modular component manufactured by a registered modular component manufacturer
• a temporary building product (for example, scaffolding, barriers or nets used during demolition or construction) that does not form part of the building when construction is completed
• frames and trusses manufactured in a different location from the building site where they are to be installed, and that are designed in accordance with the relevant Acceptable Solutions and Verification Methods issued under section 22(1) of the Building Act
• a building product that is a gas appliance or a fitting
• a building product that is an electrical appliance or a fitting.

Bespoke products

One-off products are not intended to be captured by the regulations, ie products that are not based on a product line and are only produced for a specific project. If your building product meets any of the criteria (exceptions) above, then it is not a designated building product and is not impacted by the regulations.

Appraisals or Performance Technical Specifications (PTS)

Appraisals (eg BRANZ) or certifications may provide people with confidence about the building product or system, but they do not mean the product is automatically exempt from the regulations.

Raw materials

Building product information requirements only apply to products that have been processed to the extent necessary that they could reasonably be expected to be used as a component of a building. For example: A length of structurally graded and preservative treated timber can reasonably be expected to be used as a component of a building, but an unprocessed log or a drum of preservative chemicals cannot. A sheet of corrugated roofing iron can reasonably be expected to be used as a component of a building, but a shipload of ore, or an ingot of bulk metal cannot.

If you've got a PTS or appraisal, use the MBIE checklist to see if there are any gaps in information [PDF 470KB]

Read page 10 of the guidance document for details on building products not impacted by the regulations (exceptions) [PDF 6MB]

Specific circumstances

Building product systems

It is sufficient for the system or product as a whole to have its own product information, rather than every individual product or component needing its own separate set of information.

The individual products that make up the system should be listed in the description of the product. Responsibility sits with the manufacturer or importer of the system to provide the required information, rather than the individual manufacturer of the product component.

However, if the manufacturer’s intention is that in addition to being used in a system, that the individual products or components can also be sold or used separately, then it will also need its own product information (eg when retrofitting windows, or replacing sprinkler head).

One building product information set for multiple products

Manufacturers and importers can consider having one set of building product information for multiple products (a line of products or a range of products). This could be done for products that have a cosmetic difference, such as colour, but could also be done where products are physically different, such as products that are different thicknesses or lengths. See pages 16 and 17 of the MBIE Guidance for further information.

Products that can be used in multiple situations

Products that could reasonably be expected to be used in multiple situations in which they may affect building Building Code compliance will need to have information available for all such situations. For some products there may be overlaps in the information relating to compliance with each clause, but this will not necessarily be the case. For example:

• A drainage pipe that can help contribute to compliance with Building Code clause E1 Surface water and with clause G13 Foul water would similarly require information on how it can contribute to each clause. The information might include information showing the pipe is manufactured to a standard that is relevant to both of these clauses, and similarly its installation instructions might include reference to an installation standard that is suitable for both these uses.
• A sheet of plasterboard that can be used as part of a fire rated wall system and also as part of a structural bracing element would require information setting out how the product helps contribute to compliance with relevant parts of Building Code clause B1 Structure and clauses C1 - C6 Protection from fire, as well as other Building Code clauses relevant to the product. The information is likely to refer to a different standard test methods for bracing performance than for fire performance, and it may also have different installation requirements for each of these uses.

Archiving information for discontinued products

As a product develops over time and new versions are supplied, manufacturers and importers should consider how they will manage the product information to make sure it’s up to date, but also that the information remains accessible for previous versions of the product that are still available for supply or being used.

If a product is superseded or taken off the market, then the manufacturer or importer of the product should consider how they communicate this and manage the information in future. The regulations don't prescribe any set timeframes for long information is still made available for, but a recommendation is to maintain it for a period of 10 years. This timeframe aligns with the implied warranties outlined in the Building Act 2004.

An archive tab or section on the manufacturer or importers website may be useful for consumer. An option may to include a separate tab or section on the website where all old product information is archived, so that it is still provided in case consumers are still using them.

Products that are class 1 and class 2

In some cases, there could be an 'off the shelf' version of a building product available for purchase (class 1) as well as a customised version available to order (class 2). In these cases, the intent is not to require two disclosures for the same product. The main difference between class 1 and class 2 is when the info needs to be available (before sale or before ordering) - the information that needs to be disclosed is essentially the same. Manufacturers only just need to produce one BPIR that best fits their case.

Watermark certified products

These products are not assessed against the New Zealand Building Code as it is an Australian certification scheme for plumbing products. They are not exempt from the regulations. Manufacturers and importers will need to provide a statement specifying the clauses of the New Zealand Building Code that are relevant to the product and the requirements of the Regulations will need to be complied with.

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