The Building Consenting System - Aiming for Consistency

A summary of our recent review of IANZ GNCs, and the clarification we've received from MBIE on the top 4 identified areas of concern.

Our review of IANZ GNCs highlighted 4 common areas of concern within the CCC process.  We sought clarification from MBIE which will help inform our decisions around solutions in the system and achieving improved consistency.

Here is a summary of the 4 areas:

Process and clock management where no CCC application has been received 'within' the 24 month period.

MBIE advised that the CCC process was intentionally drafted so it is managed/driven by the applicant (being the owner or their agent) up until the ‘24 month timeframe’ is realised.

MBIE strongly advise that the BCA ensures that a CCC application is received prior to issuing a CCC within the 24 month period.  This will also ensure that the clock is triggered.

Issuing of a CCC within the 24 month period without receipt of a CCC application should be for extenuating circumstances which must be recorded as required under Regulations 6b, c and d.

Starting of the clock for a CCC RFI

MBIE clarified that this process is aligned with the BC RFI process where the clock starts the day after the RFI information is received.  The MBIE guidance will be updated to reflect this.

Reconsideration of CCC issue process after refusal under CCC within 24 month process

After consideration, MBIE advised that if an application is refused under s95A of the Act, then the application is no longer active and a new application (Form 6) would be required.

With that in mind and agreement with MBIE we will investigate a pragmatic approach to resubmitting an application where outstanding items need to be resolved.

CCC application form acceptance as per s92

MBIE confirmed that the ‘receipt’ is when the CCC application is submitted (whether or not compliant with s92), therefore the clock starts the day after received (basically a day in lieu) and then should be suspended if not in accordance with s92. 

There is no assessment period in the timeframe to determine completeness. 

It was also confirmed that the RoW is not considered a mandatory document under s92 as the CCC can be issued without receipt of a RoW.

We will investigate how the system can assist the BCA in ensuring that the CCC application is ‘complete’ when it is submitted and therefore avoid the need to suspend the clock at that stage.