Detailed regulatory guidance on the BCA accreditation scheme
The Ministry of Business, Innovation and Employment (MBIE) has developed detailed regulatory guidance for the building consent authority (BCA) accreditation scheme. You can access the guidance, and minimum standards and criteria for each regulation, to better understand the accreditation requirements of the scheme.
Amendments to the BCA Accreditation Regulations
On 16 May 2024 the following regulation changes were notified in the New Zealand Gazette and will come into force 28 days later on 17 June 2024.
Regulation 6A
This change seeks to clarify that a change of the BCA quality control manager requires formal notification to MBIE and IANZ. This is because the quality control manager is viewed as an integral part of the accreditation system and the departure of this individual can have a significant effect on how well a BCA performs.
This change also involves better defining some of the key roles in a BCA such as the 'quality control manager', 'authorised representative' and 'responsible manager'.
Regulation 7
Regulation 7 requires a BCA to have policies, procedures and systems for performing its building control functions. Regulation 7(2)(f) sets out requirements in three distinct areas, issuing and refusing to issue CCCs, compliance schedules and notices to fix. In order to improve the clarity and workability of 7(2)(f), each function has been separated out as a standalone provision.
This represents an administrative change for the most part, and is being made so that it is clear where the accreditation issue raised in an assessment stems from.
Regulation 10(2)
As part of the NCAS review, MBIE consulted with BCAs and other stakeholders to identify ways to improve the competency assessment process and allow building control officers to be more productive, while ensuring the assessment settings were still fit-for-purpose. The review took account of the regulatory impact of BCAs having to undertake annual assessments and the requirement was deemed not to be cost-effective or proportionate, being out of step with other similar regimes.
As a result of the changes, BCAs may consider staggering competency assessments over the two-year cycle by completing some in the ‘on-year’ and the remainder in the ‘off-year’, so as to reduce the overall assessment burden and spread the cost of assessments. Note, an assessment may be undertaken at any time in the assessment cycle if the BCA considers one is necessary.
An assessment cycle might be reset or influenced by way of:
- bringing certain assessments forward in a particular cycle (eg for those ready to undergo a ‘level-change assessment’)
- where possible, completing new candidate assessments at the optimum time (eg during an off-peak period)
- undertaking an 'out-of-cycle assessment' at any time e.g seeking to align the assessment with a cycle of the annual training needs assessment under Regulation 11
- simply staying on the same cycle from the previous round, as illustrated below.
Figure 1: Illustration of how the new 10(2) settings work in practice
Regulation 19 and Schedule 2
Accreditation fees have not been adjusted since 2017 and were at the outer end of their review cycle. Fees are subject to the transitional provisions in Part 2 of Schedule 1 of the Regulations, meaning any adjusted fees do not apply to applications made or assessments started before 17 June 2024.
The regulatory guidance has been developed to support understanding of the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations).
An applicant must be able to meet, and a BCA must be able to maintain compliance with, all the regulatory requirements of the scheme detailed in the Regulations and this regulatory guidance from this time.
To use this guidance, go to the regulatory requirement you require further information about. The regulatory guidance will outline the objective of the Regulation and the minimum standards and criteria necessary to comply with it. There are also helpful notes to guide the accreditation assessment process.
Where more help or information is needed, interested parties can contact MBIE. There is a process for requesting advice or further regulatory guidance.
Building (Accreditation of Building Consent Authorities) Amendment Regulations 2024 (SL 2024/70) - legislation.govt.nz
Building (Accreditation of Building Consent Authorities) Regulations 2006 - legislation.govt.nz
How to request further advice or regulatory guidance has more information.
BCA accreditation quick reference guide
This guide lists the accreditation regulations for business as usual, your annual review and two-year assessment.
Checklists for the minimum criteria that must be met to become an accredited organisation or BCA.Checklists for BCA accreditation regulatory guidance
The status of the regulatory guidance
MBIE has taken care in preparing the regulatory guidance and intends that it can be relied upon by applicants, accredited organisations and BCAs, and the accreditation body appointed by MBIE’s Chief Executive under section 248 of the Building Act 2004.
The minimum standards and criteria in the regulatory guidance are those which the accreditation body will use to undertake accreditation assessments. The accreditation body will make a finding of non-compliance where an applicant, accredited organisation or BCA does not have policies, procedures or systems consistent with the minimum criteria, or where those policies, procedures and systems have not been consistently and effectively implemented.