Once a building consent has been issued, the building work carried out must adhere to the approved plans and specifications so that a Code Compliance Certificate may be issued.
However, while carrying out building work changes to these plans inevitably arise due to conditions found on site, requests from the owner or changing finances. There are two potential ways to amend your consent; by applying for
- a formal application to amend the consent as per Section 45(4); or
- a minor variation as set out in Section 45A of the Building Act.
In both cases the owner/agent must receive approval from the Building Consent Authority before proceeding with the amended building work. You should always discuss proposed changes to consented building work as early as possible with your BCA and discuss whether your change can be considered a minor variation before proceeding.
A formal amendment application is for major changes to the originally consented documents including a change in footprint, major changes in construction method or changes to products that present new or complex compliance pathways. An amendment application will require a full set of amended plans and specifications and an application fee, the BCA will then have 20 days to process the application and ask any necessary RFI’s.
Apply for an amendment to a Building consent here.
A minor variation is a modification, addition or variation that does not significantly deviate from the approved plans and specifications and considered minor enough that the decision can be made easily by the Building Control Officer either on site or in the office. This change should not affect how compliance with the Building Code is achieved or will a have similar/comparable compliance method which is familiar and in line with industry standards (eg. Swapping one Codemarked product for another). The minor variation will be recorded in writing by the BCA.
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Regulation 3 of the Building (Minor Variations) Regulations 2009 defines a minor variation as follows
The following are examples of minor variations and do not constitute an exhaustive list:
The examples are only illustrative of the above definition and do not limit it. If an example conflicts with the definition, the definition prevails. To avoid doubt, a minor variation does not include any building work in respect of which compliance with the building code is not required by the Building Act 2004. Some other examples of a minor variation may include:
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When assessing whether your proposed change is a minor variation or amendment, consider the below:
- Is there significant deviation between the compliance document supplied under the original consent and those being provided as a part of the change?
- Will the change affect the compliance pathway of any other elements?
- Does the change significantly increase the likelihood of a building elements performance failure or of damage to other property
- Does the proposed change differ significantly from common appropriate industry practice or standards?
If the answer is ‘No’ to all the above the change can likely be considered a minor variation.
If you are still unsure you can use our minor variation tool here or discuss with your local BCA.
Further Guidance
MBIE Product Substitution Guidance