MBIE - QUICK GUIDE TO PRODUCT SUBSTITUTION
Recently MBIE noted that, in some cases, products substituted after building consent has been granted have been unauthorised, have no evidence of compliance with the relevant Building Code requirements, and invalidate various contract conditions and warranties.
In response MBIE has published a quick guide to product substitution to complement existing guidance on minor variations. This guide is aimed at designers, contractors and building owners considering product substitution (i.e. using building products other than those originally specified or requested). However, it may also be useful for BCAs and others needing to explain to clients and stakeholders what is involved.
If you are thinking about substituting a product you need to:
- consider the legal context, particularly any additional obligations you might incur from product substitution
- consider the broader implications of using a different product to that specified, including whether it is fit for the same purpose and still meets the owner’s needs
- implement any changes; for example, if substituting the product requires an amendment to a building consent.
MBIE have summarised these steps in this guide to product substitution.
Making changes to your plans has information on what you will need to do if your plans change. You may need to apply for an amendment to consent, which may result in additional costs and delays.
It has always been Masterspec's position that product substitutions should not be allowed easily or considered lightly. If you are faced with specifying for allowing a potential product substitution please refer to Section 1234 Documentation/Substitutions for guidance (Section 1220 General requirements). If you're aware that a product may have a long lead time and will need to be ordered early, write this into the spec. To check on availability and lead times select the 'Contact Supplier' button at the top of every Branded work section in Masterspec NextGen2 - this will allow you to directly find out about product delivery and specification details.
Download MBIE's Guide to Product Substitution