Minor Variations and Amendments

Section 45A, Building Act 2004, Building (Minor Variations) Regulations 2009
A minor variation is small modification, addition, or variation to a building consent that does not deviate significantly from the plans and specifications.

This is as opposed to a building consent amendment, which is a more involved process.

Amendments
An amendment is processed the same as an original consent. 

The Building Consent Authority will have 20 working days to process the amendment, and can stop the clock pending more information. 

Plans may need to be redrawn and extra literature provided to justify a change on site.
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Restricted Building Work
If the work is Restricted Building Work, i.e. structure, cladding or weathertightness, the contractor may also have to engage the LBP, designer, or engineer. 

The challenge is that the building work is already underway, so there can be pressure to complete things faster than legally required.

Minor Variations
Minor variations, on the other hand, can be made on site and signed off by the building inspector at their discretion.

Minor variations can take the form of:
  • substituting comparable products
  • minor changes to wall bracing 
  • minor construction changes
  • changing a room's layout


If, however, the change is significant enough, the inspector can halt the job, and require the contractor to take out a full building consent amendment. 

The risk is that changes are not noted down or approved and thus when it comes time to consider the Code Compliance Certificate application the evidence may not exist for the BCA to be satisfied to do so.

When there are design changes, or product swaps on site, the inspector has to decide on making a minor variation to what was consented, or whether a full-blown amendment is required. 

Applications may also need to include details showing that the building work will continue to comply with:
  • the District or Regional Plan 
  • Requirements under the Resource Management Act 1991
  • other Acts
  • certain council bylaws


In these cases, the BCA may grant a minor variation, but include a reference to the requirements of other legislation administered by the local authority.
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Selected Determinations

2021/028: Regarding the decision to issue a code compliance certificate for building work to re‐pile an existing house
  • Whether changes to the partial re-piling of a house were a minor variation under s 45A


2020/021: Regarding the refusal to issue a code compliance certificate for the replacement of waterproofing membranes and tiles to concrete decks in a retirement village
  • Whether changes to a decking system to an existing building in a retirement village constitute a minor variation to the building consent issued for remedial work to the building


2020/015: Regarding the refusal to issue a code compliance certificate for building work on a relocated house
  • A refusal to issue a code compliance certificate due to building work to strengthen the existing roof of the house.


2020/002: Regarding the consented alterations to the walls and roof of a house and its compliance with Building Code Clause B1
  • Whether alterations to the walls and roof of a house comply with Building Code Clauses B1 Structure, E2 External moisture and F7 Warning systems.


2019/011: Regarding the substitution of solid timber framing with glue-laminated timber to the wall framing and roof trusses to a house
  • The use of glue-laminated timber as framing to the walls and roof trusses of a house which was substituted during construction for solid timber without approval being sought.


2017/079: Regarding the decision to issue a notice to fix for building work
  • Whether a large return wall would be able to be treated as a minor variation


2016/046: The refusal to grant an amendment to a building consent for the use of imported composite slate roofing tiles on a house
  • Whether the substitution of slate roofing tiles for concrete tiles was considered to be a minor variation