Frequently Asked Questions - Development Consents
Do I need Building Consent?
Not always. There are some building types that do not need a building consent, but they need to conform to the building code, and need to conform to palnning rules as well - see Exemptions or Schedule 1.
If the customer is thinking of constructing a new building, they 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 a few exceptions to this rule which may be found using More Building Consent information.
Do I need Resource Consent?
There are three different types of resource consent which the Council deals with:
Land use consents
Subdivision consents
Discharge Consents for residential effluent discharge.
The customer must apply for Resource Consent when planning to carry out activities that are not generally permitted under the District Plan. If they are lodging a Building Consent application this will be assessed during the Project Information Memorandum (PIM) application process.
If the customer is proposing a project which may require Resource Consent, we recommend that they meet with a Resource Planner.
More Resource Consent Information
More District Plan information
I want to buy some land from my parents. What do I need to do?
The customer must apply for Subdivision Resource Consent.
More Resource Consent Information
What fees or contributions will I have to pay?
This varies depending on the type of application, the value of work to be undertaken and/or the scale of the project and other variables. This will be assessed during the application process. Development Contributions may also be payable.
For further information, please refer to the Building, Planning and Development fees booklet or to our consolidated fees and charges link.
How soon do I have to pay the fees after receiving my invoice?
For a Resource Consent the customer is required to pay an initial deposit at the time they lodge their application. The application is then processed, and processing costs are added at time of issue. It may be that the costs are more or less than the deposit already paid. In the case of being less, a refund or credit is organised, itemised and issued to the customer - this usually means to the person who payed the deposit in the first place - or if costs are more than the deposit, a further invoice.
If applicable, a subsequent invoice will be sent with regard to Section 223 & 224 certificates.
For Building Consents, similar rules apply, in that the fees are charged at application lodgement. They are charged on a basis of time to process the consent and fees for the expected number of inspections for your value of project. At issuing of the consent, the actual costs are considered against the deposit, and either a refund or invoice is organised. Usually if additional fees are required, we will issue the consent whilst awaiting the fees so you can begin your project.
Once an invoice has been raised, periodic letters will be sent to remind the applicant as reminders that outstanding amounts are required to be paid. In the case of a Buidling Consent, if at time of issue of your Code Complinace Certificate, outstanding fees are found, we will be unable to issue until these have been paid.
If you cancel your Building Consent application, a refund will be applicable. However, we will not be able to refund all fees paid, as some costs will have already been incurred. The refund will usually be for pre-paid inspections, DBH & BRANZ payments, dependant on how how far progressed the assessment has progressed.
The Development contributions are due for payment when the first building inspection is requested and shall be paid in full prior to either the Code of Compliance being issued, or occupation of the dwelling - whichever is the earliest.
Is there a time limit for the completion of the project?
The customer may start to build as soon as they obtain their Building Consent as long as any other requirements have been met (e.g. Resource Consent has been obtained if necessary).
The customer must start work within 12 months of the BC being issued otherwise the Consent may lapse and become invalid.
The project should be completed within 24 months of the BC being granted.
Reminder letters will be sent out to applicants if these time frames are in jeopardy, and will contain advice or or next steps to follow - like an extension of time.
Can I get an extension if I can’t start or complete my project in time?
Requests for extensions must be made in writing and should include the following:
- The original Building Consent (for endorsement of the new expiry date) - a photocopy of the consent is not acceptable,
- An administration fee and
- A covering letter, or the Extension of Time application form, giving the reason why an extension is being sought. (The letter must include the current postal address of the applicant, as often the original consent was addressed to an agent or the applicant has shifted since the original consent was processed.)
Additional copies of the Plans and specifications for the Building Consent are not needed.
Requests for an extension can be posted to Council, or taken into any of Council's service centres.
What's a PIM?
PIM stands for Project Information Memorandum. A PIM assists in establishing the feasibility of the customer's project and is prepared by the Council to help them with their building application. A PIM is ideally applied for before Building Consent to inform you of any special requirements or considerations you may need to take before applying for your Building Consent - like, do you need a Resource Consent etc.
Do I have to get a PIM?
No.
Under changes to the Building Act 2004, you do not have to have a PIM inorder to gain a building consent, but assessments will still need to be made as part of your application by the buidling consent authority.
BUT.....
It is advisable to apply for a PIM first, this will tell you what other considerations may be required that may either require a Resource Consent, or affect building design in some way.
More Project Information Memorandum
What's a LIM?
LIM stands for Land Information Memorandum. If the customer is considering purchasing a property it is recommended that they obtain a LIM before finalising the purchase.
The customer will find a LIM useful as it will give them the information about the property that is held on file by the Council. If the customer is intending to build or develop the property a LIM will also give them the information they'll need to determine whether their intended project is feasible.
Do I have to get a LIM?
Although it is not a legal requirement, the Council strongly recommends that the customer obtain a LIM before purchasing a property.
What's the District Plan?
The District Plan is a document, generally consisting of maps, objectives, policies and rules, which sets out how the natural and physical resources of the District are to be sustainably managed. It details where land use and subdivision consents are required and under which conditions these can be approved.
The purpose of the District Plan is to assist the Council in carrying out its functions under the Resource Management Act. This is a fluid document, subject to constant change, so it is important that it is consulted at the initial planning stage of any project, before the customer lodges any consent applications.
More District Plan information
What is Zoning?
Properties are designated within zoning areas by the District Plan, e.g. Residential, Rural, Commercial, etc. There are sets of rules which apply to each zone. The customer can find out their zoning or any other relevant information by referring to the District Plan or talking to a Resource Planner.
More District Plan information
How can I tell where my boundary is?
The Certificate of Title for a property shows the dimensions of the boundaries. There are also survey pegs on each corner of the site. If these cannot be found, a surveyor should be employed to determine where the boundary is. The Council has no involvement in this.
How close to the boundary can I build?
This depends on the customers zoning under the District Plan. They can find out their zoning and the rules that apply by referring to the District Plan or talking to a Resource Planner.
More District Plan information
Is there a standard road reserve, and can I cross it with a driveway?
No, there is no given standard. The width of the road reserve depends on the unique location of the customers property.
The Council's Vehicle Crossing Bylaw regulates the use, construction and maintenance of vehicle crossings (driveways). To construct a new Vehicle Crossing the customer must apply for a Vehicle Crossing Permit and comply with construction and maintenance standards.
More Vehicle Crossing information
Can I pave my driveway or do I need consent?
The customer may pave or surface an existing driveway (Vehicle Crossing) without obtaining Building Consent. If the driveway is to become an ‘impermeable surface’ (sealed) then Resource Consent may be required if the impermeable surface rule is breached.
How much earth can I move without consent?
Controls on earthworks are listed in the District Plan. Some earthworks require a land use consent, depending on the zoning and on their scale and purpose. Erosion and sediment control measures are required for all earthworks. An Earthworks Permit may also be required under the Council’s bylaws.
More District Plan information
What consents do I need to build a retaining wall?
A Building Consent is always required if the retaining wall has a surcharge (for example, if the wall is supporting a driveway or building above it) regardless of the height of the retaining wall. If the retaining wall is not going to support anything above it (i.e. does not have a surcharge), then a Building Consent is required only if the retaining wall is more than 1.5 metres in height - see exemptions from building consent.
A Resource Consent may be required for building a retaining wall. For information on whether a Resource Consent is required please contact a Resource Planner.
Project Information Memorandum
How high can I build my fence?
A Building Consent is required for all swimming pool fences. For other fences, a Building Consent is required only if the fence is over 2 metres in height.
Project Information Memorandum
Can I add a deck to my house?
A Resource Consent may be required for building a deck or platform. For information on whether a Resource Consent is required please contact us to speak to a Resource Planner.
A Building Consent detailing the deck construction and handrails are all required if the height of the deck or platform exceeds one metre. This may be required for any deck or platform regardless of height which has structures other than a handrail - for information on other structures, speak to a Building Officer.
Project Information Memorandum
Exemptions from Building Consents
Do I have to employ a builder or can I do the work myself?
Any building work that requires a Building Consent must be completed to the appropriate standards under the Building Code. Some work, notably gas, plumbing and electrical work, and, from November 2010, some building and design work, must be done by a professional. From November 2007, design and building practitioners will be able to start applying to be licensed under the government’s Licensed Building Practitioner scheme. Those who become licensed will have their names listed on a public register which the customer will be able to access online.
After November 2010, DIY renovators will still be able to carry out work that falls outside the licensing regime. It is intended that they will also be able to do work usually restricted to Licensed Building Practitioners as long as it is supervised by a Licensed Building Practitioner and complies with the standards of the Building Code.
Project Information Memorandum
Do I need a Code Compliance Certificate before I can move into my new house?
Not if the house has been commissioned by the customer for their personal use, however the Council advises them to obtain the Certificate without delay, as any mortgage they may have applied for and insurance cover may be adversely affected by their failure to do so.
If the building is a house or commercial property, which 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.
In the event of the dwelling being occupied prior to a Code of Compliance being issued, the Development Contributions shall still be due and payable.
What’s a Certificate of Acceptance?
Building Consents can’t be issued retrospectively, therefore a Certificate of Acceptance may be issued in the event that:
- Work which should have had a Building Consent has been completed without a consent having been issued
- Work has been carried out as a matter of urgency
A Certificate of Acceptance indicates that the Council has inspected the finished work and believes it to comply with the building code.
Do I need consent to rebuild a garage that has fallen down?
Building Consent is not required as long as the customer is replacing like for like to exactly the same specification. Any change or upgrade to the original design or specification would require a PIM and Building Consent and it may also trigger a Resource Consent requirement.
Project Information Memorandum
Can I put up a garden shed?
A Building Consent is required if the floor area exceeds 10m2, or the "shed" contains sleeping accommodation, sanitary facilities, or facilities for the storageof potable water. A Resource Consent may be required for building a shed (such as a garden shed or the like). For information on whether a Resource Consent is required speak to a Resource Planner.
Exemptions from Building Consents
Must I get permission to renovate the inside of my house?
The customer will need a Building Consent for any additions - that is making the existing building bigger - and may require a BC for some types of upgrades, alterations or renovations, internal or external, to any existing building, including garages and carports. This may also find the need Resource Consent. Simple redecorating does not require a consent. Many types of renovations may fall into Schedule 1 of the Building act - check, or even ask us to find out first.
Project Information Memorandum
Exemptions from Building Consents
Can I put a relocatable building on my land?
The customer will ideally apply for a PIM as they must comply with the District Plan and any other site-specific restrictions or regulations. In addition, they 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 and/or septic system if required. 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.
Project Information Memorandum
Can I run a Bed and Breakfast from my home?
Generally speaking, the customer probably can. The link below provides guidance to residents interested in setting up or converting a residential home to a Bed and Breakfast.
Because of the number of variables involved, a B&B business by its nature being unique, each project needs to be assessed by our council staff. Individual specifications mean that there may be different processes and requirements for different projects and different areas.
Bed and Breakfast Accommodation
What qualifies as "minor" plumbing and drainage work?
A "minor" consent covers minor plumbing and drainage works (up to a value of $15,000), not associated with other construction works involving a building consent; for example, installing new storm water drainage.
The customer must apply for Minor Plumbing and Drainage Consent in the same way as a Building Consent.
Exemptions from Building Consents
I want to put in a swimming pool What do I need to consider?
If the customer plans to build a swimming pool, they will need to obtain Building Consent, and possibly Resource Consent. If the pool requires 50 cubic metres or more of excavation they will need to apply for an Earthworks Permit.
The customer must comply with both the Fencing of Swimming Pools Act and the Building Act and must meet the standards of the Building Code.
Page created/updated: 4 March 2010 at 3:09 pm
