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All building work nationwide must comply with the Building Code, even if it doesn’t require a building consent. Building Consent Authorities (BCAs) must grant a building consent if satisfied on reasonable grounds that Code provisions will be met if work is done per the plans accompanying the consent application. But what does ‘satisfied on reasonable […]
All building work nationwide must comply with the Building Code, even if it doesn’t require a building consent. Building Consent Authorities (BCAs) must grant a building consent if satisfied on reasonable grounds that Code provisions will be met if work is done per the plans accompanying the consent application. But what does ‘satisfied on reasonable grounds’ actually mean?
Per the government, “there has historically been no set definition of what ‘satisfied on reasonable grounds’ means, leading to different outcomes across the country.” In 2022, the Commerce Commission published a market study into residential building supplies, which recommended clear guidance on applying the ‘reasonable grounds’ test for granting building consents.
Now, the Ministry of Business, Innovation and Employment (MBIE) has developed guidance to provide consistency for BCAs when applying the ‘reasonable grounds’ test. Designers, builders, homeowners, and consent authorities alike benefit from this guidance.
The guidance aims to provide clearer obligations and expectations, reduce processing delays, and streamline the experience for all involved in the building consent system.
The government outlines four key principles that BCAs could consider when deciding if they are satisfied on reasonable grounds. Decisions should consider the applicant’s competency, the complexity of the project, past compliance, and available evidence (such as design drawings, specifications, and certifications).
The reference to ‘evidence’ as a key principle relates to all information, drawings, specifications, and other documents according to which a building is proposed to be constructed, altered, demolished, or removed.
A risk-based approach fosters a reasoned and proactive approach to identifying specific risks and implementing appropriate practices or processes to respond to those risks. A risk-based approach focuses or places a greater emphasis on activities with a higher risk of non-compliance and/or a greater risk to the built environment in the event of non-compliance, which is the most efficient and effective means of managing risk.
A mix of competency and experience generally underpins good decision-making processes and outcomes.
Regulation 10 of the Building (Accreditation of Building Consent Authorities) Regulations 2006 is intended to ensure all prospective and current building control staff performing building control functions have had their competency established.
The BCA only needs to be satisfied on reasonable grounds, not beyond all reasonable doubt. However, any good decision-making processes should be underpinned by sound and traceable reasons for decisions and include a rational outcome.
Decisions made by BCAs require informed judgement. This is commonly associated with currency of competence or practice and relevant experience – it’s difficult to make good and consistent decisions without these ingredients.
BCAs should follow their accredited policies, procedures, processes and systems. This will ensure consistency within BCAs.
Under the BCA accreditation scheme, all BCAs are required to have policies, procedures, and systems in place to perform their building control functions. These need to cover the building consent process, from vetting an application for building consent to the issue of a code compliance certificate.
The processes outline how the BCA carries out its various functions, including making decisions based on whether it considers that it is satisfied on reasonable grounds that building work complies with the requirements of the Building Act, Building Code and any other building regulations.
Reasonable grounds tests exist because every building project is unique. BCAs assess via judgment calls whether facts, circumstances, and evidence are sufficient enough; for the BCA to be satisfied on reasonable grounds.
This allows for variation in the type of evidence depending on the circumstances. For example, less evidence and detail in the plans and specifications for a relatively simple project designed to comply with Acceptable Solutions versus more evidence and more details for a complex project that includes alternative solutions.
The BCA is ultimately responsible for building consent outcomes. Other parties play a key role in contributing to whether a building consent authority can be satisfied on reasonable grounds.
Owners, designers, and builders have roles that collectively ensure that building projects comply with regulations and standards, uphold the safety and quality of the built environment, and maintain the integrity of the building consent process. This includes adhering to established guidelines, maintaining professional competency, and exercising sound judgment throughout the process.
To be satisfied on reasonable grounds, BCAs must make a qualitative assessment that requires an informed judgment call. An objective test is capable of measurement, assessment and comparison.
This can be an Acceptable Solution, Verification Method or standard, but it is important to look at the wording in the Building Code and the principles of building science.
Judgement calls consider risk, complexity, previous knowledge of similar situations, skills and experience of persons providing the evidence and the quality of that evidence.
Visit www.building.govt.nz/building-officials/guides-for-building-officials/satisfied-on-reasonable-grounds for more.
