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Building Consents

More information about Building Consents

For an overview of the Building Consent process, please go to

Building work in New Zealand is now regulated by the Building Act 2004, which came into effect on 31st March 2005, at which point the Building Act 1991 was repealed. The Act controls the various building regulations and includes the Building Code, to the standards of which all building work must comply.

The purpose of the Act is to ensure that buildings:

  • Are safe, sanitary and have suitable means of escape from fire; and
  • Contribute to the physical independence and well being of the people who use them
  • Are designed, constructed and able to be used in ways that promote sustainable development.

The regulations prescribe the Building Code with which all building work must comply. Standards that must be met include:

  • Durability
  • Fire safety
  • Sanitation (services and facilities)
  • Moisture control
  • Energy efficiency
  • Access

With the implementation of the new Act there were a number of changes to the Building Consent process. The main changes are listed below and are also reflected in the information which follows.

  • There are new forms which are required by the Act, including application forms.
  • More detailed information is required with a Project Information Memorandum (PIM) application, particularly site levels and contours.
  • All Building Consents and PIMs have a 20 day statutory time frame for processing.
  • Some Building Consent applications will be sent to the Fire Service for comment.
  • Building projects need to be completed within two years, and a formal application for a Code Compliance Certificate made.
  • There is a 20 day timeframe to issue a Code Compliance Certificate at completion.
  • Owners are able to apply for amendments to their compliance schedule, or the Council may initiate an amendment.
  • Owners must provide copies of licensed building practitioner (LBP) and independent qualified persons (IQP) certificates with the Building Warrant of Fitness.
  • The Council is able to charge for inspection work related to the Building Warrant of Fitness regime, including checking the details of the warrant of fitness and accompanying certificates.
  • If work that required a Building Consent has been completed without first obtaining one, owners cannot apply for the Building Consent retrospectively. Instead, owners can apply for a Certificate of Acceptance.

What is Building Consent?

A Building Consent is Council's written authority to carry out building work that it considers will comply with the Building Code provided it is completed in accordance with the plans and specifications submitted with the Building Consent application. It cannot be issued retrospectively for work already completed.

When to apply for Building Consent:

You must obtain a Building Consent before carrying out any building work.

Your application:

  • must be on the prescribed application form and be completed in full,
  • must be accompanied by the prescribed application fee,
  • must be accompanied by plans, specifications and other information required by Council.
  • must include either an application to connect to Council services or a Technical Publication (TP) 58 form.

There are checklists and guidance documents included in the application pack, which will help you prepare your application and to make sure that you put together the necessary information and documents. The Council will not accept incomplete applications.

The Council may request additional information to that supplied and the 20-day clock will stop until that information is provided. This will also be the case if inadequate information is provided with the application.

Which projects require Building Consent

If you are thinking of constructing a new building, you will probably need building and/or Resource Consent. Consent may also be required for additions, alterations or renovations to existing buildings, including garages and carports. There are some exemptions, which are listed below.

Exemptions

Generally only work specified in Schedule 1 of the Building Act 2004 is exempt from needing a Building Consent. This work includes:

  • Retaining walls up to 1.5 metres in height, providing they are not carrying any load other than the ground.
  • Fences up to two metres in height (other than fences around swimming pools).
  • Garden sheds that are less than one storey and less than 10 square metres in floor area which do not contain sleeping accommodation or sanitary facilities or facilities for the storage of drinking water, and are not positioned any closer than the shed's own height to a boundary. Rainwater from the roof must not cause ponding nor must it create a nuisance to neighbouring property.
  • Closing in an existing veranda or patio where the floor area does not exceed five square metres.

This list is not comprehensive although it does cover exemptions which relate to most domestic projects. You should check with a Building Officer to determine whether your project qualifies as exempt. Even if your project is exempt from the need to obtain Building Consent, the work must still comply with the standards of the Building Code.

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Relocatable Buildings

You will need to apply for a PIM as you must comply with the District Plan and any other site-specific restrictions or regulations.  In addition, you will require Building Consent for the new foundations, and this is the only work which the Council will inspect or for which it will issue a Code Compliance Certificate.  This is because the building itself must have ‘Existing Use Rights’ which means that it was properly inspected and certificated when it was originally built.

Although the Council requires a pre-locate report to this effect, we take no responsibility for the structure of the building, which rests with the Council which issued the original Consent.  If it is necessary for any work to be carried out to make the building comply with the Building Code you, or more commonly, the house removal company, must apply to this Council for a new Building Consent and any work done under that consent will be duly monitored and a Code Compliance Certificate for it will be issued upon satisfactory completion.

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Requirements for application for Building Consent

The checklists and guidance notes in our application pack will tell you exactly what you must provide, but the following list is a general guide:

  • Proof of Ownership, Certificate of Title
  • Locality plan, including building in relationship to neighbouring streets, north point, name of building and legal description (i.e. the lot and DP number)
  • Inspections and Monitoring – details of the inspection regime, including those by council offices, other professionals such as architects, engineers, etc, and by you, the owner
  • Site plan showing dimensions of all boundaries, finished floor levels, ground contours and/or levels, lot and DP number, street name and number, site area, outline of building and distances to boundaries, designated wind zone
  • Foundation plan showing dimensions which provides details of footings, reinforcing sizes and layout, foundation elements, sub-floor ventilation and engineering information, reinforcing and contractions joints in concrete slabs, upgrading of existing foundations if an upper story is to be added, Subfloor bracing and Foundation details
  • Drainage plan showing fixtures and fittings, hotwater system(s), upper floor sanitary fittings with isometric layout showing wastes, pipes and falls, drainage layout with inspection bends and junctions for both stormwater and sewage, other drainage on site, ventilation of sanitary rooms, calculations for sizing of downpipes.
  • Floor plans – existing (for additions and alterations) and proposed providing details of floor dimensions, walls, windows, doors, stairs, barriers, handrails, floor joists, beams, fixtures and fittings, stove, plumbing, and smoke detector layout.
  • Wall Bracing plans showing detail of wall layout with windows, doors, roof layout, bracing type, the location and fixing details of bracing panels and calculations for all floors, subfloor bracing for decks projecting more that 2m from the house
  • Elevations showing accurate ground lines, levels, height recession planes, location of doors, windows (with opening windows clearly shown), floor levels in relation to finished ground levels, exterior claddings, roof covering, down-pipes, spouting, sub-floor ventilation and flues
  • Sections and details showing details of the foundations, reinforcing, damp-proof membrane, stud heights, floor levels, wall structure (including proprietary wall-bracing element details), roof structure, roof covering, wall cladding, flashings, insulation, fire-rated systems, lintels and beams, stairs, handrails, decks and decking, barriers, truss layout
  • Cladding details providing details around all penetrations, joinery and other junctions at a level appropriate to the level of risk, , e.g. roof/wall, balcony/wall, junction of different types of cladding, backflashing details for cavity systems
  • Specifications providing a clear description of the materials and building elements that cannot be shown on the drawings. For example, durability issues would be shown here
  • Engineer’s reports and calculations
  • Producer statements - where the application is relying on a statement to certify compliance of the plans, specifications or completed works with the Building Code, a copy of that producer statement and the calculations it is based on must accompany the application
  • Solid fuel heaters – these may need a separate Building Consent application and must include the manufacturer’s specifications and installation instructions and a floor plan of the building which clearly shows the proposed location of the heater unit and adjacent rooms, doors and windows
  • Water supply details - where the property will not be connected to the council reticulated water supply. The location and size of tanks, the location of bores, test results, etc. must be included
  • Alternative Solutions – if the proposal uses products or systems that are not covered in the Acceptable Solutions of clause E2 of the building code, provide supporting current information including independent test results (full signed reports), case studies, expert opinion (with proof of expertise) to demonstrate compliance
  • List of specified systems (if applicable)
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Building Consent Levies

The following levies are applicable where the value of the building project exceeds $20,000 in total:

  • Building Research Association of New Zealand (BRANZ) levy assessed at $1.00 per $1,000.
  • Department of Building and Housing levy assessed at $1.97 per $1,000.

These levies are in addition to any Council fees or Development Contributions which may also be payable.

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Processing a Building Consent

There is a 20 working day timeframe in which to process your Building Consent application. However processing time will stop if Council officers need to seek additional information. When your Building Consent is issued it will contain:

  • the Building Consent,
  • the addendum to the Building Consent which lists any special conditions relating to the approval,
  • advice on when to call for inspections,
  • copies of the approved plans and specifications.

It may also contain copies of other approvals relating to the project.

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When you can start work

You may commence work immediately upon receipt of your consent as long as all other authorisations which are required have been obtained. The issue of a Building Consent does not relieve the owner of obligations under other Acts.

Note: A Building Consent will lapse and become invalid if:

  • the work it authorises is not commenced within twelve calendar months from the date of issue
  • the work is not complete within 24 months from the date of issue of the Building Consent, or
  • within such further period of time Council in its discretion allows upon application for an Extension of time.
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Inspections and Code Compliance Certificate

Your Building Consent documentation will list the stages at which you need to call for inspections of the work. It is very important that all inspections are carried out. If inspections are missed the Council may not be able to issue a Code Compliance Certificate (CCC) when the project is completed. If you are in doubt about whether or not an inspection is needed please contact the Council.

A CCC is issued when a building project is finished and the Council is satisfied on that the building work under the Building Consent complies with:

  • the New Zealand Building Code at the time of issue of the Building Consent (for consents issued prior to 31 March 2005).
  • the Building Consent, for consents issued from 31 March 2005.
  • all payable Development Contributions have been paid in full.

Whether or not CCCs have been issued will be recorded in any land information memorandum (LIM) and Building Status Report for your property so it is extremely important that a CCC is obtained without delay upon completion of the project. Lack of a CCC may impact on your ability to obtain a mortgage or insurance and also to sell the building. A CCC cannot be issued for work carried out without a Building Consent, however you may be able to obtain a Certificate of Acceptance.

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Certificate of Public Use – The Building Act 2004 Section 363

The Building Act 2004 was introduced to strengthen building controls and increase protection for the public.  It contains a new measure called Section 363 which relates to owners, occupiers and people who control premises intended for public use.  If such premises are the subject of building work Section 363 of the Building Act 2004 will apply in the following circumstances:

  • Addition or alteration
  • New building work

A Certificate of Public Use is required for every addition or alteration to any building other than a private dwelling, if it is open to, and may be used, by the public during building works.  A Safety Management Plan must be supplied, clearly showing how you intend to operate safely in the affected part of the building while the construction is taking place. A Certificate of Public Use is also required where a Building Consent has been issued to undertake building work but the Code Compliance Certificate has not yet been issued.  Having a Certificate of Public Use does not relieve the owner of the building from the obligation to apply for a Code Compliance Certificate (section 92, 1 Building Act 2004) after all the building work is completed.

If any building has public access, whether admission is free of charge or there is an entrance fee payable, it is an offence under Section 363 of the Building Act 2004 if members of the public are allowed to use the affected part of the premises from the time physical work starts until documentation is issued stating that it is safe for them to do so.  If the public is allowed access without such confirmation, a fine of up to $200,000 may be levied, with a further fine of up to $20,000 a day for every day or part of a day the offence continues.

In the case of building work consented or begun before March 31st 2005, the building controller has until March 31st 2010 to obtain the Code Compliance Certificate or a Certificate of Acceptance for that work, and they must comply with the requirements of Section 363.

Premises can mean all or part of a building and Premises for Public Use, as defined by Section 363 are likely to include, but may not be confined to, the following:

  • Schools and childcare centres
  • Hospitals and rest homes
  • Premises providing accommodation such as hotels, guest houses, hostels and the like
  • Place of assembly such as churches, cinemas, halls and conference facilities etc.
  • Clubrooms and recreational centres with public areas
  • Public foyers in office and apartment buildings
  • Public structures
  • Shops

Council will only issue a Certificate of Public Use for all or part of the affected building once it is satisfied that it is safe for members of the public to use the building.  Council may take into account safety precautions which have been put in place by the building’s controller. Once building work is complete a Code Compliance Certificate must be obtained.

For more information about the provisions of Section 363 and to apply for a Certificate of Public Use, please refer to form B0060202.  You may also wish to refer to The Building Act 2004 which can be found at www.dbh.govt.nz

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Certificate of Acceptance

As explained above, Building Consents cannot be issued retrospectively. The Building Act provides for a Certificate of Acceptance to be applied in situations where:

  • work has been done as a matter of urgency,
  • work that needed a Building Consent has been undertaken without one,
  • Council can no longer complete the Building Consent process.
  • Where building work which started or was granted consent before 31 March 2005 affects public premises.

The Certificate of Acceptance is a statement from Council that it believes that the building work, insofar as it can be inspected, complies with the Building Code.

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Obtaining Your CCC Certificate

When all work under a Building Consent is completed, contact the Council to arrange a time for a final inspection. You must provide a completed Code Compliance Certificate Application form and have paid in full all applicable Development Contributions before a Code Compliance Certificate can be issued.

If the house has been commissioned by you for your personal use, you are not legally obliged to obtain your CCC before you move in, however the Council advises you to obtain the Certificate without delay, as any mortgage you may have applied for, or insurance cover, may be adversely affected by your failure to do so. If the property has been built for onward sale or lease, it is a legal requirement that the Code Compliance Certificate must be obtained before it may be sold or rented or occupied. See ‘Offences’ below for more information.
For Building Consents issued from 31 March 2005, projects must be completed within two years of the granting of the Building Consent.

If the work has been carried out in accordance with your consent and in compliance with the Building Code, the Council will issue a Code Compliance Certificate. If the work does not comply, the Council will issue a Notice to Fix identifying areas of non-compliance that you will need to address. You should request a second inspection once the items are done.

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Offences

Under the provisions of the Building Act 2004, it is an offence for a residential property developer to:

  • complete the sale of a household unit, or
  • allow a purchaser to enter into possession where the contract for sale and purchase was entered into from 30 November 2004
    unless either:
  • The CCC has been issued, or
  • The parties have agreed otherwise in writing using the developer/purchaser agreement form provided by the Department of Building and Housing. (Note: The Council advises you to seek legal advice before signing this form.)
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Issued Building Consents list 

Anyone who is interested in a subscription to the Building Consents List can opt to either receive an electronic report by email weekly on Monday mornings or receive a paper version of the report monthly. 

To order a subscription please apply in writing to the Building Support Team with the appropriate fee and the requested building consent list will be posted out to you.

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Further resources

Further resources include:

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Page updated: 27 March, 2008