DO I NEED BUILDING CONSENT?
By Trish Willis | Member of the Property Institute of NZ (IPAC)
Building consents are no longer needed for a number of new or expanded types of low-risk building work, like sleep-outs, sheds, carports, outdoor fireplaces and ground-mounted solar panels. Scroll to view the list.
These exemptions were added to the Building Act and in effect from August 31, 2020.
UNDERSTAND CLEARLY WHAT IS - OR MORE IMPORTANTLY ISN'T - ALLOWED
But before you start any building work, you need to be clear on what is and isn’t allowed. In some cases work will need to be done by qualified tradespeople or guided by industry professionals.
Any electrical work will still have to be carried out by a registered electrician.
Even if exempt, building work must comply with the Building Code and other legislation.
WHAT ARE THE BUILDING CONSENT EXEMPTIONS?
Among the categories for which building consent may not be needed (but read the fine print) are:
- General repair, maintenance and replacement.
- Single storey detached buildings not exceeding 10 square metres in floor area.
- Pergolas
- Repair or replacement of an outbuilding
- Windows and exterior doorways of existing dwellings
- Internal walls and doorways of existing buildings
- Alterations to existing entrances for disability access
- Internal linings and finishes
- Thermal insulation
- Ground moisture barrier
- Penetrations for cables, pipes and so on
- Closing an existing verandah or patio
- Awnings, Porches and verandas
- Carports
- Shade sails
- Retaining walls (in some cases)
- Fences and hoardings
- Small dams
- Tanks and pools that meet requirements
- Decks, platforms, bridges, board walks
- Private household playground equipment
- Demolition of a detached building
- Removal of building elements
- Plumbing repair, maintenance or replacement
- Alteration to existing sanitary plumbing
- Some work on water heaters
Some territorial and regional authorities can allow discretionary exemptions if they consider the work is likely to comply with the building code or if it is unlikely to endanger people or any building.
The above list comes with several provisos and the onus is on you to ensure you understand these
EXAMPLES OF PROVISOS T0 BUILDING CONSENT EXEMPTIONS
For example when it comes to general repair, maintenance and replacement, one proviso is that comparable materials are used. Among excluded work is that which alters the building’s structural behaviour or fire safety properties, or external moisture requirements.
Load bearing walls
While internal walls and doorways can be altered in some instances, that doesn’t apply to load bearing walls or in other specific instances.
The size of the job matters
Whether building work is allowed without consent will often depend on the size of the work being done, with limitations on meterage both in length and height. The number of storeys and distance from property boundaries are other issues to clarify.
Fences, decks, tanks, pools, retaining walls, dams
Fences must not exceed 2.5m and the exemptions don’t apply to swimming pool fencing. Decks are exempt where you can't fall more than 1.5m. Tanks and pools are exempt under certain conditions.
Things such as retaining walls and dams are also obvious instances where size and proportions matter.
Plumbing & drainage
There are some exemptions to plumbing and drainage work, however, the work still needs to be carried out by an authorized person. This is a complex area.
Electrical
Electrical work must be carried out by a registered electrician.
Find out about resource consents
Selling property with work that has been exempted
It is recommended that you notify the council of any exempt work and provide them with relevant documentation.
The Ministry of Business, Innovation & Employment recommends that people complete the following steps during the planning stage, before starting any work:
1. Read this guidance document
2. Consult with a professional and/or your local council
3. Check your plans are compliant with other relevant legislation such as the Resource Management Act 1991, district plans and by-laws
4. Check your plans and specifications are compliant with the Building Code
Planning to sell your house? Set yourself up for a top sale price.
Your Building Consent Responsibilities
As the home or building owner, you are responsible for determining whether or not your building work is exempt and making sure that any exempt building work complies with the Building Code and other relevant legislation.
If you are not sure whether or not your building work is exempt, it is important to get advice from a professional who has building knowledge and expertise, including your local council, industry approved architects, engineers, building surveyors, electricians, plumbers and Licensed Building Practitioners.
Even if your building work is exempt, you can still apply for a consent from your local building consent authority, if you would like extra peace of mind that your plans are compliant.
Wise Up NZ Awarded Most Reputable Property Advice Hub NZ 2021
Page updated August 6, 2023 by Trish Willis | Member of Property Institute of NZ (IPAC) and awarded Independent Property Advisor of the Year 2023.
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Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
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