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On 11 December 2023, new Building Product Information regulations were implemented. The regulations, part of the Building Amendment Act 2021, aim to assist building consent authorities, building owners, builders and designers in making better informed decisions when selecting building products, contributing to the construction of safer and more durable buildings.
An increase in the range and complexity of building products and building methods, along with an inconsistent level of information provided by manufacturers and importers, has increased the risk of buildings not meeting the performance requirements of the Building Code. To address this, the new regulations require product manufacturers and importers to provide consistent information that is accessible to the public online and free of charge.
What Products Are Affected?
The regulations apply only to new products manufactured or imported on or after 11 December 2023, that may affect whether building work complies with the building code. However, certain products are exempt if they meet the following criteria:
- A building product is registered under the Codemark scheme
- A building product that is a modular component or made up of modular components manufactured by a registered modular components manufacturer
- A temporary building product
- Frames and trusses manufactured offsite
- A building product that is a gas appliance or fitting
- A building product that is an electrical appliance or fitting
- Products that are bespoke, one-off products are not intended to be captured by the regulations i.e. products that are not based on a product line and are only produced for a specific project.
If the product does not meet any of the criteria above then it is a designated building product and will fit into Class 1 or Class 2 as defined in the Regulations
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Class 1 A Class 1 designated building product is a building product that:
Examples may include cladding, insulation products, mechanical fixings, structural wood-based products, internal lining products and flashings. |
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Class 2 A class 2 designated building product is a building product that:
Examples may include external window and door joinery, customised concrete mixes and fire doors or windows. |
Required Information and Where to Find It
The information that must be disclosed to comply with the new regulations will vary depending on whether the designated building products falls into Class 1 or Class 2.
The following information must be disclosed about a designated building product: -
For Class 2 building products, the description, limitations and any design requirements of the building product will need to be for the product line that the building product is customised from.
The required building product information must be available online, free of charge to the public and without pre-conditions. The website where the required building product information is published must be located on the product, or the product packaging, on signs next to the building product if sold in a retail store, or, if sold online, on the relevant website where the building product is found.
Information for Manufacturers & Importers
Manufacturers and importers are responsible persons under the new regulations and defined as the person living or incorporated in Aotearoa New Zealand who is the manufacturer or importer of a designated building product.
Manufacturers and importers of designated building products have a responsibility under the new regulations to collate and produce the required building product information. This must be disclosed online, accessible to the public free of charge and without pre-conditions.
In instances where products are sold separately or as a part of a system, it is sufficient for the entire system to have its own product information, rather than for each individual product. The product description should include a listing of individual products that make up the system.
Manufacturers and importers are responsible for consolidating the prescribed information for the building product in one accessible location. They are encouraged to minimise links to external webpages or resources. Furthermore, it is the manufacturer’s duty to maintain up to date product information, accounting for any modifications to the product, new versions, changes in relevant building code clauses, usage limitations, or installation requirements. Manufacturers should establish communication channels with their importers, wholesalers, retailers, and distributors to ensure that any applicable changes are passed on to consumers as they are made.
Information for Wholesalers, Retailers & Distributors
Wholesalers, retailers and distributors are also considered responsible persons under the new regulations. They are defined as persons living, or incorporated, in Aotearoa New Zealand who sell a designated building product by wholesale or retail, or otherwise distribute the building products, including online.
Wholesalers, retailers, or distributors are responsible for ensuring the building product information, collated and produced by the manufacturers, is available wherever the product is available for sale. It is also their responsibility to ensure a link to the product information is clearly visible on the product, its packaging, or, if this is not feasible, displayed aside the product with adequate signage, or clearly visible on the retailer's website.
It is recommended to establish arrangements with product manufacturers to ensure clear communication of any changes impacting the disclosed information to consumers.
It is not the responsibility of the wholesaler, retailer or distributors to provide the required building product information or constantly review the information disclosed, however a designated building product cannot be sold or ordered without the required information being readily available to purchasers and clients. Regular checks are advised to confirm the continued provision of the required information.
Information for Building Consent Authorities
Building Consent Authorities do not have any new responsibilities as a result of the new regulations.
It is expected that building consent authorities will make fewer requests for information about building products due to the increased amount and consistency of information provided. They are still required to check that the building work and the product used are compliant with the building code and can still request additional information to support their decision to grant a building consent.
Information for Architects, Designers and Tradespeople
Designers and tradespeople do not have any new responsibilities but are expected to benefit from more consistent and reliable product information, such as the intended scope of use, design and installation requirements when specifying and installed designated building products.
Information for building owners and consumers
Consumers, such as building owners and developers, also have no new responsibilities under the regulations.
As per their existing responsibilities, consumers will continue to need to obtain building consents, approvals and certificates for building work. Access to more consistent and reliable building product information is expected to reduce delays in the building consent process and provide clearer maintenance requirements for the products using in their building work.
If building consent authorities, designers and tradespeople or consumers find deficiencies in product information, then they are encouraged to first raise their concerns with the relevant responsible person. If their concerns are not resolved, then they should notify MBIE.
For further information see MBIE’s website and published guidance document.