BuildLaw Issue 32 June 2018 | Page 7

• complying as nearly as is reasonably practicable with current Building Code requirements for:
- means of escape from fire
- access and facilities for persons with disabilities
• undertaking seismic work so that the building is no longer earthquake prone (for a substantial alteration (defined in regulations) to an earthquake-prone building).
The guide will be of interest to:
• building consent applicants, whether building owners, or building professionals on behalf of clients
• building professionals including architects and designers
• building consent authorities (BCAs) and territorial authorities considering building consent applications and determining whether or not to grant a building consent.
This document does not replace the decision-making powers of BCAs and territorial authorities in relation to alterations to existing buildings.
New building work associated with an alteration must comply with the Building Code. This advice does not apply to establishing compliance of new building work with the Building Code.
Further information in the 'Altering an existing building' guide: www.building.govt.nz.

Retentions under the spotlight again in the UK
In January this year, six days before the liquidation of Carillion, a Private Members’ Bill to “protect retention deposits in connection with construction contracts” was introduced by Mr Peter Aldous, the member for Waveney. The Construction (Retention Deposit Scheme) Bill (the “Bill”) intends to amend the Housing Grants Construction and Regeneration Act 1998 (the “Construction Act”) and ring-fence retention monies so that they are available to be paid.
The Bill, as currently drafted, creates two new provisions for the Construction Act:
Section 111A: requiring the appropriate national authority to make regulations setting out arrangements for at least one retention deposit scheme to be available for the purpose of safeguarding any cash retention withheld in connection with construction contracts.
Section 111B: puts a statutory obligation on any party holding retention money to put it in a retention deposit scheme and notify the payee of the scheme administrator’s details and vice-versa. If the payer fails to comply with these provisions any withheld money will have to be repaid to the payee within seven days after the date on which the cash retention was withheld.
The term “cash retention” is widely defined in the Bill as being “monies which are withheld from monies which would otherwise be due under a construction contract, the effect of which is to provide the payer with security for the current and future performance by the payee of any or all of the latter’s obligations under the contract”.