The Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 has brought about several changes to the building industry, all of which aim to increase the efficiency and quality of building work.
One of the new features that will come into force in 2023 is the mandatory information requirements for certain building products. These requirements have been outlined in the Building (Building Product Information Requirements) Regulations 2022. The Regulations have been made to designate the types of building products for which product information must be provided and outlines the minimum requirements for the information.
The purpose of the Regulations is to increase confidence in the use of building products and to support better and more efficient decision-making regarding building products. Prior to the legislative changes, providing information about building products was not mandatory, leading to inconsistencies with information provided about the use, installation, and contribution to building code compliance. The lack of information has created delays in the past with building consent authorities requesting additional information about certain products in order to determine compliance of those products with building code requirements.
From 11 December 2023, manufacturers, importers, retailers and distributors of building products will have an obligation to provide publicly available information about the building products they manufacture, import or sell in New Zealand.
There are two classes of designated building products to which the Regulations will apply. Class 1 includes batch or mass-produced building products that are typically available for retail or wholesale purchase. This class includes cladding products, structural wood based products, mechanical fixings, roofing products, and plumbing and drainage products. Class 2 includes custom-made lines of building products that are made to order to client specifications. An example of a product under this class is customised external window joinery and doors.Under the Regulations, the prescribed information to be provided includes:
- the name and a description of the product and its intended use;
- a product identifier that distinguishes that product from other building products;
- the legal and trading name of manufacturers and, if applicable, importers;
- a statement specifying the relevant clauses of the Building Code and how the product is expected to contribute to compliance, as well as any limitations on the use of the product;
- any design, installation and maintenance requirements; and
- either a statement that the product is not subject to any warnings or bans or a description of warnings or bans applicable to the product.
For Class 1 building products, the information must be disclosed either before or when the product is being offered by a wholesaler, retailer or other distributor. For Class 2 products, the information must be disclosed prior to ordering so that customers know they are ordering the right product for their intended purposes. The information must be published and maintained on a publicly available website. Any changes to the website must be disclosed to the public to the extent practicable and as soon as practicable. The information must also continue to be maintained even if the product has been discontinued, superseded or no longer manufactured.
Once in force, the information available should make it easier for designers, builders and homeowners to decide which products are right for the job, use them as intended, and make decisions about alternative products where there are product shortages. It is hoped that this will result in more efficient building consent processes for building consent authorities.
* This article is of a general nature and is not intended to be relied upon as legal advice.
