Replacing your roof and wondering what the legal ramifications are and also what protections are offered under New Zealand building laws concerning building work, particularly roofing. The good news is there are two main pieces of building-specific legislation, plus some general consumer legislation and a number of other solutions that can be used to ensure you are getting the best possible result.
The first of the two main solutions is, of course, The Building Act 2004. Under the Building Act, all building work must comply with the requirements of the second mandatory solution – The New Zealand Building Code. Both of these legal documents are designed not only to ensure the quality of the work but also to provide some protection against poor-quality workmanship and defects. We will also discuss how you are covered under the Consumer Guarantees Act and the Fair Trading Act – more on this below.
Do You Need A Consent To Replace Your Roof?
First off, let’s discuss the legalities of replacing your roof. The big question most people want to know here is, do you need a Building Consent to replace your roof? Generally speaking, if you are planning on building a new house or doing some alterations, you will have to get a building consent from your local Council before construction starts – that is, unless the work is categorised as exempt.
A building consent is issued to ensure the work has been completed to meet the legal requirements of the Building Act (and associated NZ Building Code). Consents are then officially issued by your local Council. The consent process will involve approving the work according to the plans provided and physical inspections of the site at its completion. No actual physical work can begin on your project until you have the appropriate building consent documentation (and all other required authorisations, for example, a resource consent).
Roofing Work That Does Not Require Consent
Section 41 and Schedule 1 of the Building Act describes in detail building work that does not require a building consent, for the purposes of this article and our focus on roofing, this includes:
- General Roof Maintenance. Roof maintenance tasks such as painting your roof, cleaning the gutters, and replacing downpipes or flashings can be undertaken by anyone and does not require consent.
- Re-Roofing. Replacing your roof can be done without consent if your roof is older than 15 years and you are replacing the roofing materials with similar products or a comparable roofing system (i.e. “like for like”). For example, if your roof was corrugated iron and you are replacing it with Colorsteel roofing iron in a different profile. (Bear in mind that “like for like” is somewhat subjective and can vary between regional Councils, if in doubt, contact your local Council to double check).
- Already Exempt Buildings. Consent is not required for a roof on a new building that itself does not require consent. For example, if the new building is 30m2 or less (i.e. shed or sleepout).
It is important to note that even though you may not require a building consent, any work carried out must still comply with the Building Code. See here for a complete guide for building works not requiring consent and who can undertake exempt work, check out the details here.
Roofing Work Requiring Consent
Not all building work requires a building consent – so what does in relation to roofing?
- Roofing That Doesn’t Meet Durability Requirements. In order to meet the requirements of the Building Code, there are several factors that must be addressed – durability is one of them. Your roof needs to meet a number of durability requirements, the main one being how long it is required to last for – which is 15 years (this applies to materials and fixings and assembly). Put simply, if the roof being replaced has lasted for less than 15 years, it will require a building consent to ensure the failures of the old roof are corrected within the new roofing system.
- Change Of Roofing Materials. If the reroofing materials are not similar to the original roof, then consent may also be required. For example, replacing a corrugated iron roof with clay or concrete tiles (These types of tiles are a much heavier product requiring more load-bearing capacity from the roofing structure)
- New Roofs. Any roofing being built as part of a new build, extension or structure larger than 30m2 will require a building consent.
- Structural Changes. Any structural changes to an existing roof, such as re-pitching or changes to the roof framing, are likely to require consent.
If you are at all unsure about the need for a building consent, it is always best to contact your local Council who will be able to advise you more specifically on individual circumstances surrounding your project.
Legislative Build Protection For Home Owners
Next, let’s delve into how you’re protected as a homeowner when replacing your roof. New Zealand law offers specialised and general consumer protection through legislation, industry, and manufacturer warranties.
Under NZ law, you are considered to be covered for buildings and building materials under the implied warranties of the Building Act, with additional cover for services provided by tradespeople under the Consumer Guarantees Act, as well as misleading claims under the Fair Trading Act, and various trade associations warranties and guarantees from your chosen contractors/suppliers. For example, the Master Builders Association guarantees or Colorsteel manufacturer’s warranties for Colorsteel products.
See below for our summarised info on these legislative protections or for more detailed information about what you are covered for under the Consumer Guarantees Act and the Fair Trading Act please see the Consumer Protection website.
The Building Act 2004
Of course, at the top of the list is the Building Act. All residential building work is covered by the implied warranties set out in The Building Act. These warranties apply to both the workmanship and the products used, covering a timeframe of ten years. The Building Act warranties apply whether or not they’re in your build contract, they cannot be contractually excluded. This warranty also provides for a 12 month defect period where the building contractor must fix any defects noted to them during this time (as long as the defects aren’t the result of natural disasters or beyond human control).
The Building Code
Referenced from The Building Act, all buildings must comply with the New Zealand Building Code. The Building Code sets minimum standards for a number of different factors covering all aspects of the building process, including structure, durability, moisture control and more. The purpose of the Building Code is so you can be sure that your building will be strong enough, durable enough, weatherproof, fire-resistant and use energy relatively efficiently. Councils have powers to require that property owners fix work not complying with the Building Code.
Consumer Guarantees Act
This Act is more generalised and applies to goods and services provided, but in the case of the building industry, it excludes the actual buildings as these are covered in the Building Act. Under the parameters of our focus topic of roof replacements, the Consumer Guarantees Act means you can expect your roofing contractor to ensure the following:
- All work is done with reasonable care and skill
- Any materials used are fit for purpose and of an acceptable quality
- All work is completed in a timely fashion.
Fair Trading Act
Just as you would have protection under the Fair Trading Act for general goods and services, it also applies to the roofing industry. This Act aims to protect you from being misled or falsely informed about products and services. For example, if your roofing contractor claimed they belonged to an industry association and they didn’t.Or if they provided misleading information about the materials they used on your roof.
Industry Warranties And Guarantees
Your roofing contractor or building company will provide general warranties against their work during the installation process, with additional materials warranties provided by product manufacturers/suppliers. Manufacturer warranties can vary depending on the geographic location and associated climatic conditions. Workmanship warranties apply to the installation process only and are usually provided via the company’s membership to various associations but can also be provided by the contractor themselves.
Other Factors To Consider
While the Building Act covers the specifics around building work, there are other laws that could affect your roof replacement project. These could include but are not limited to; Council bylaws, the Resource Management Act, and section-specific covenants specifying how certain work must be carried out or the property’s aesthetics. For example, the types of roofing material you can use and their colours and reflective properties.
As with any construction project, it is important to point out that the best way to protect yourself and ensure the job is done right is to engage a trusted and approved contractor – just like Action Reroofing! We adhere to a strict operating Code of Practice ensuring high quality of workmanship and enduring roofing solutions for years to come. Whether you require consent or not we can assist with all your roofing requirements. Get in touch with us today for a free, no-obligation quote.
