Minister for Building and Construction Chris Penk has confirmed that building code changes will now occur on a fixed three-year cycle. The next major review is scheduled for 2028. Smaller updates—such as those relating to fire safety and energy efficiency—may still occur, but larger changes will be restricted.
A New Era of Certainty – With Some Caveats
As part of sweeping reforms to streamline the building and construction sector, the New Zealand Government has announced a freeze on major building code changes for the next three years. This development, while welcomed by industry bodies, introduces important legal considerations for property developers, builders, and homeowners alike.
From a legal standpoint, this new regime introduces greater certainty for developers and designers mid-project. As Penk put it, “To have a three year cycle of review allows certainty… and also… a bit more certainty and stability in difficult times.” However, this certainty comes with caveats. The Government retains the right to introduce urgent safety-related changes, such as those prompted by the 2023 Loafers Lodge tragedy (where fire led to fatalities, serious injury and the destruction of the hostel, and ultimately raised serious questions about fire safety standards).
Who’s Affected by these Building Code Changes?
Builders and Developers: The biggest winners in this announcement are builders and developers—especially those involved in long-term or large-scale projects. The reduced risk of unexpected regulatory change during design or construction phases lowers financial exposure and delays.
Local Councils: The move is likely to impact the 67 local building consent authorities, many of which have previously struggled with interpreting frequently updated code changes. With a fixed update cycle, regulators and councils will have more time to digest changes and offer consistent implementation.
Homeowners and DIYers: The promise of stability may benefit keen DIY renovators and new home builders, who won’t have to navigate shifting standards mid-way through a project.
Industry Suppliers: Changes to the importation rules for building products are expected to follow, potentially widening access to international materials. This could shift compliance burdens and require careful legal navigation for importers and manufacturers.
Legal Challenges Ahead
While the benefits of a slower update cycle are clear, legal risks remain. A longer delay between updates could create misalignment between evolving best practices and legal requirements. As Ankit Sharma, CEO of Master Builders, noted: “If changes are not implemented properly, it doesn’t give industry enough lead time to plan for it, and it creates more frustrations and challenges.”
Legal disputes may arise when outdated regulations clash with modern expectations around building performance, sustainability, or accessibility. Moreover, the retention of emergency update powers by the Government means stakeholders must still remain vigilant.
Aligning with Australia – But Not Without Complications
Aligning New Zealand’s building code review cycle with Australia may ease trans-Tasman collaboration, but legal differences between the two jurisdictions remain. Developers working across borders should seek advice on how these frameworks interact.
Contact us today for practical, informed legal advice on building and construction compliance.
Wynyard Wood offers construction law experts who help individuals, developers, and businesses navigate the legal implications of building code changes—whether you’re beginning a new build, dealing with compliance issues, or importing building products. If your project or investment is impacted by these regulatory shifts, our team is here to support you.
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