Implication of Change of Use in the Building - 2

Written by

The Designfire

28 June 2023

•

3 min read

How Can You Balance Compliance Challenges in Building Projects?

In our previous article, we shared a story of the unexpected implications that arise when converting a retail shop into a bakery. Today, we delve deeper into the challenges posed by "Change of Use" and the complexities involved in ensuring compliance with building codes.

As we explored the case of the retail-to-bakery conversion, we encountered the delicate balance between meeting compliance requirements and the practicality of implementing base building upgrades. The Building Act mandates that a building owner must not change the use of a building unless the territorial authority is satisfied, on reasonable grounds, that the building will comply with relevant provisions of the building code. However, the Act also recognizes that achieving full compliance may not always be reasonably practicable.

When faced with a change of use scenario, the nature of the works and the condition of the base building must be carefully considered. The Auckland Council, for instance, applies the "as nearly as is reasonably practicable" test in assessing compliance requirements. This test involves a cost and benefits assessment, where the sacrifices and difficulties of achieving full compliance are balanced against the advantages of upgrading.

During the building consent process, council assessors often rely on competent consultants to provide a case justifying when a complete base building upgrade may not be feasible. These consultants play a vital role in performing a thorough "Gap Analysis." By analyzing the costs and sacrifices involved in achieving full compliance and weighing them against the benefits, they can present a compelling argument to the council.

The Auckland Council's practice note on "Change of Use" further emphasizes the importance of a balanced assessment. This approach takes into account the advantages of upgrading in relation to the costs and difficulties involved. By applying this balanced perspective, consultants can ensure that clients are not burdened with unnecessary and impractical upgrades.

In the case we previously discussed, the expertise of compliance consultants such as THE DESIGNFIRE played a crucial role in navigating the challenges. Their in-depth knowledge of building compliance and their ability to provide a robust analysis saved the client from potential major cost implications. Thanks to their efforts, the project could proceed without burdensome upgrades that were not reasonably practicable.

As building professionals, it is essential to understand the intricacies of change of use implications and the regulatory frameworks surrounding compliance assessments. By staying informed and leveraging the expertise of knowledgeable consultants, we can successfully navigate the complexities and strike the right balance between compliance requirements and practicality.

Refer to our post for a full story regarding this matter!
https://lnkd.in/gUwW6ekS

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