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Legislative requirements of the BCA accreditation scheme

This section of the website summarises the sections of the Building Act 2004 (the Act) that give effect to the building consent authority accreditation scheme.

2024/043: Regarding the purported refusal of a building consent.

This determination considers an authority’s purported decision to refuse to grant a building consent for an extension to an existing shed. The determination considers the authority’s requirement for a geotechnical report prepared by a Chartered Professional Engineer with a practice field in geotechnical engineering.

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2022/025: Regarding the compliance of an existing pool barrier under section 162C

This determination considers an existing swimming pool barrier, comprised partly of the south wall of a dwelling and a garage wall, and whether it complies with section 162C of the Building Act 2004. The determination also discusses whether the doors on the south wall of a dwelling were included in an exemption granted under the Fencing of Swimming Pools Act 1987. The determination also considers whether the area encompassed by the south wall of a dwelling (the rear yard) can be considered to comprise the immediate pool area.

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2026/012: An authority’s decision to grant a building consent under section 72 on land that is subject to a natural hazard of slippage

This Determination is subject to appeal.

This determination considers the authority’s decision to grant a building consent under section 72 for construction of a new dwelling on a property that is subject or likely to be subject to the natural hazard of slippage.

It considers whether the hazard is likely and whether ‘adequate provision’ has been made to protect the land, building work and other property.

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2025/053: An authority’s decision to grant a building consent under section 72 and whether the building work constituted major alterations

This determination considers the authority’s decision to grant a building consent under section 72 of the Building Act, which meant that a natural hazard notice was entered on the property’s record of title.

The determination considers whether the building work, was ‘major alterations’ for the purpose of the natural hazard provisions of the Act. 

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2026/010: An authority’s decision to refuse to remove a section 72 entry following subdivisions

This determination considers an authority’s decision to refuse to remove an entry on a property’s record of title relating to a natural hazard.

It discusses how the entry came to be recorded against the current record of title following a series of subdivisions and the relevance of where the building work described in a 2004 building consent was carried out, in determining whether the entry is no longer required in terms of section 74(3).

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2025/024: An authority's decision to issue a notice to fix in relation to a unit and wastewater disposal system

This determination considers a notice to fix issued for building work carried out without first obtaining a building consent, in contravention of section 40 of the Building Act.

The determination discusses the particulars required in a notice to fix for a section 40 contravention.

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Detailed regulatory guidance on the BCA accreditation scheme

The Ministry of Business, Innovation and Employment (MBIE) has developed detailed regulatory guidance for the building consent authority (BCA) accreditation scheme. You can access the guidance, and minimum standards and criteria for each regulation, to better understand the accreditation requirements of the scheme.

Managing building alterations (Altering an existing building)

Rules for managing building alterations are primarily contained in section 112 and 133AT of the Building Act.

2020/010: Regarding the compliance of openings in a first floor external wall with Clause F4 Safety from falling

This determination considers the compliance of existing windows that are proposed as openings in the first floor of a building with respect to Clause F4 Safety from falling. The determination also considers whether the authority was correct to purportedly refuse to issue the building consent for this work.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: