September 2020
Welcome to this update on technical and informative advice for the building and construction
industry on issues relating to building controls and good construction practices.
In this issue: • New consent exemptions now in place • Minor variations can be a major
headache • Going through the wall • Pooling resources • Building Code updates once yearly from
2021 • Are you on the map? • Carbon research and resources • News • Plumbing and drainage
seminar
New consent exemptions now in place
It isn’t the wild west – there are still rules
It has been a hot topic of conversation for months – including more than a few calls to our
helpline – and we have heard of cases where people jumped the gun, but the new building
consent exemptions are finally in place.
A lot of discussion has focused on the fact that single-storey detached buildings up to 30 m² will
no longer require building consent as long as they meet certain requirements (see the July
Guideline).
You can find the full list of exemptions on the Building Performance website. The Ministry of
Business, Innovation and Employment (MBIE) has also updated its guidance, including publishing a
5th edition of Building work that does not require a building consent – Exemptions guidance for
Schedule 1 of the Building Act 2004.
All building work, including exempt work, must meet the Building Code.
Minor variations can be a major headache
It pays to know the rules
Issues around minor variations to building consents come up in our helpline calls from time to
time, and we also hear about frustrations from building consent authorities (BCAs). Not following
the right process can lead to unwanted delays and perhaps additional costs on a build.
Under section 45A of the Building Act, councils can grant a minor variation to a building consent
before or during construction without having to formally amend the consent (although they must
keep a record of the variation).
The Building (Minor Variations) Regulations 2009 defines a minor variation as “a minor
modification, addition, or variation to a building consent that does not deviate significantly from
the plans and specifications to which the building consent relates”.
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Who makes the call about whether a change fits this definition? MBIE makes it crystal clear:
“Decisions about whether a change meets the definition of a minor variation and whether the
minor variation can be granted are the responsibility of the BCA, not any other party.”
Contact your BCA about proposed minor variations as early as possible and certainly before the
work is actually done. Designer and client should also be made aware of the proposed change.
You can find more general information on MBIE’s Building Performance website. The site also gives
specific recommendations for builders, designers and project managers.
Going through the wall
And getting the sealant details right
Although it happens less frequently today, we still see cases where penetrations cut through walls
are not well done. Any time you cut a hole in a wall, it is crucial to get the details right so
weathertightness is not compromised.
As always, the best option is to avoid a penetration completely if you can. When retrofitting a heat
pump into an old house, for example, consider a floor console where pipes from the outdoor unit
may be able to enter below floor level, avoiding a hole in the wall.
In Acceptable Solution E2/AS1, Figures 68 and 69 show how to make pipes and service
penetrations through walls weathertight. For pipe penetrations, use flexible flashing tape to seal
the pipe to the wall underlay or flange plate (as shown). There are also a range of proprietary
penetration seals on the market (including BRANZ Appraised seals) that simplify this task.
When working on existing homes, the ideal is to follow E2/AS1, but because this will require
removal of cladding, it is often not practical. (If the lining is being removed or replaced as part of a
renovation, however, taping the penetration to the back of the underlay is an option.)
Steps to take when making a seal against the wall underlay isn’t an option:
• Locate the penetration in as sheltered a position as possible – under/through the
eaves/soffit (clothes dryer or exhaust vents) or on the sheltered side of a building.
• Slope pipe penetrations down to the outside at least 1.5°.
• Provide a hood or cowl to the penetration and seal this to the cladding.
• Install a flange around the pipe/sleeve (Figure 1). Apply sealant over a PEF backing rod
around the opening, cover with the flange and seal just the top two-thirds of the flange
collar against the cladding (Figure 2). Don’t seal the flange sleeve to the pipe because the
sleeve lets water that gets past the flange drain out.
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Figure 1. Fitting a flange to a penetration on an existing wall
Figure 2. The correct location for sealant on a flange
Pooling resources
Fencing is always an issue
As warmer days approach, many home pools will be readied for the summer. Fences around pools
must meet certain requirements, but this is a cause of many disputes – there were nine MBIE
determinations on the topic last year alone and more this year. Some of the disputes come from
existing fences that do not pass the 3-yearly inspections that councils must make.
You can find basic information about pool barriers in Build 166 and on MBIE’s Building
Performance website.
To give you an idea of how recent determinations were decided, these were the key issues
addressed in them:
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• Whether the barrier complies with the Building Act section 162C: “Every residential pool
that is filled or partly filled with water must have physical barriers that restrict access to the
pool by unsupervised children under 5 years of age.” The means of restricting access must
comply either with Building Code requirements now or when the pool was constructed (our
underlining for emphasis).
• Whether the barrier complies with performance requirements of Building Code clause F9
Means of restricting access to residential pools.
Proposals for alternatives to physical barriers, such as laser alarm systems, have been turned
down in determinations.
Building Code updates once yearly from 2021
Check out the new timetable
From next year, there will be just a single annual process for updating the Building Code, replacing
the current twice-per-year system:
• Consultation around changes will start on Monday 6 April 2021.
• Changes will be published on Thursday 4 November 2021.
• Changes published in 2021 will come into effect in November 2022.
Several areas of future changes to the Building Code have already been flagged, including those
that are part of MBIE’s Building for Climate Change programme.
Are you on the map?
Online maps are bursting with useful information
The last few years have seen an explosion of interactive online maps putting all sorts of building-
related data at your fingertips. If you haven’t checked them out, we recommend a visit.
Some are regional single-purpose maps, such as Waikato Regional Council’s Coastal Inundation
Tool or Greater Wellington Regional Council’s Sea Level Rise and Storm Surge Map, which both
look at flood risks. There are many other regional maps, from biggies like Auckland Council
GeoMaps to smaller but still useful services such as that of the Whangarei District Council.
There are many national maps. GNS Science maintains an interactive map of all known active
earthquake faultlines in New Zealand. NIWA has a wealth of climate-related services. Our own
BRANZ Maps shows climate, earthquake and exposure zones for a location and other data such as
wind zone and rainfall range.
The business sector has also produced maps, such as the New Zealand FloodMap™ by CoreLogic.
Carbon research and resources
Our scientists might not have found a solution to climate change yet, but we’re definitely getting
warmer
OK, OK, we won’t give up our day jobs to hit the comedy circuit just yet. But it’s true that we do
have a substantial programme of work under way to support the industry towards building zero-
carbon homes. You can check out the details on the BRANZ website. In June, we published
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Bulletin 651 Climate change, net-zero carbon and the building industry, which gives an overview of
the whole topic, and we have more practical guidance for designers and builders coming.
We have a track record in this area. Over 20 years ago, BRANZ was researching and reporting on
the environmental impacts (including emissions) of various building materials and the impacts of
climate change on our buildings.
News
• A NIWA assessment of people and buildings at risk in tsunami evacuation zones found
490,000 buildings in these zones, most of them dwellings and most in Auckland and
Hawke’s Bay. The houses in evacuation zones are home to nearly 10% of the population.
• A project is under way to revise New Zealand's National Seismic Hazard Model. GNS
Science and MBIE are leading the project, supported by the Earthquake Commission,
engineers and international scientists.
• MBIE has released the report Energy in New Zealand 2020, giving statistics about energy
use, including about electricity generation and residential electricity use, for the 2019
calendar year
• In the year ending June 2020, 14,353 Auckland dwellings had a Code Compliance
Certificate issued – around 42% higher than the previous year. 14,776 building consents
were issued for the year – around 5% higher than the previous 12 months. Read more…
• MBIE has launched a public consultation under the new Building for Climate Change
programme. Feedback is sought on two documents. Submissions are open until 11
October.
• The government has announced plans to introduce legislation in the middle of 2021 to
modernise the Earthquake Commission Act. The new law will respond to many
recommendations of the public inquiry into the Commission.
• The Urban Development Bill giving Crown entity Kāinga Ora the powers to undertake its
urban development functions is now law (the Urban Development Act 2020).
• The consortium chosen to lead the Construction and Infrastructure Centre of Vocational
Excellence was announced in early September.
• The impact of the COVID-19 April lockdown is clearly visible in the results of the Stats NZ
survey Value of building work put in place: June 2020 quarter
• Dr Lisbeth Jacobs (General Manager – Innovation and Sustainability at Fletcher Building)
has been appointed to the BRANZ Group Board.
• Mike Craig has been appointed as the new Board Chair for the New Zealand Certified
Builders Association.
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