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

Building Planning and Development Overview

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regulated by the Building Act 2004, which came into effect on 31st March 2005, at which point the Building Act 1991 was repealed.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, includes the Building Code and the standards of which all building work must comply.

Frequently Asked Questions.

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 - more information
• Access

With the implementation of the 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.

• More detailed information is required with an application, particularly site levels and contours and compliance needs to be demonstrated with the Building Code, or Alternative Solutions detailed, in order for council to issue a consent. 
• Some Building Consent applications may be sent to the Fire Service for comment.
• Building projects need to be started within one year of issue of the consent, completed within two years, and a formal application for a Code Compliance Certificate made.
• 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 which will help you prepare your application and to make sure that you put together all 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.

Building Project Amendments - Can I change my design?

After your building consent has been issued, you may want to change some detail or details of the building. Construction may have even started.

Changes can be made, but if they are "significant", it may require a new building consent to be applied for. If they are minor, they may just require notification to the council of the change, in writing, with no other action being required. For information use this link - Amendments to Building Consent. 

Exemptions

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

You should check with a Building Officer to determine whether your project qualifies as exempt. Please note the officer can only offer advice, not design the project for you. There is also a guide offered by the DBH for exemptions - use the link below.

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.

Exemption from requirement for Building Consent application form

Schedule 1 of the Building Act - Exempt buildings / construction

 DBH web site

If there is a need for a temporary structure to be errected, for example, circus, sports events, weddings, shows etc, there may be scope for exempting this from building consent. You will still need to provide information for this, as outlined in the application form, but this might prove to be a more advantageous route for your event. Please ask our Buiding department for further details.

Temporary Structure or Event Exemption Application Form.

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, any Plumbing and drainage work required for the new building (septic tank etc). 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 as owner, or your agent, 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.

• Relocate Report
• More PIM information

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, proof that you are the owner of the property, with relevent evidence of ownership, e.g. a Certificate of Title, leasehold agreement etc. Council needs to be presented documents to show that you either own, or have authorisation, e.g.from a company or trust, to build.

Address, where is the project to be undertaken. This may be a street address, lot or DP number, RAPID number, description to a landmark or even GPS location.

Project, what are you building, a garage, sleepout new dwelling. Please detail.

Compliance with the Buidling Code, this will require detailed plans, specifications, other detailed information that will demonstrte how the code is being met. You may need to seek professional advice on how to acheive this, as council can only give consent when it is satisfied that the code clauses have been satisfactorily acheived. There are project specific checklists available to help with identifying the information required.

 Forms index

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

Engineer's reports and calculations may be required.

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,a floor plan of the building which clearly shows the proposed location of the heater unit and adjacent rooms, doors and windows and smoke alarms. Also, how the chimney/flue will be fixed and sealed to the weather. Use this link to find the dedicated application form.

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/Compliance Schedule, these are required for mainly commercial/industrial projects, and show what safety systems are present. Yo will need to show how they will be installed, and the maintenance regime required. They will have to commisioned before a Compliance Certificate can be issued.

Commercial builds may also require a Certificate of Public Use (CPU) if they want to either remain open or be open for business whilst building work is undertaken. in order for a CPU to be issued, you will have to demonstrate how public safety will be maintained during this period. An application for this will need to be made to council.

Building Practioners, a list of trades people , their registration numbers etc will be required to show who will be used to complete the project.

The individual requirements for different project types - Garage, Dwelling, Retaining wall etc are detailed in the project checklists.

Forms index

Contact details

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.

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.

When you can start work

You may commence work immediately upon receipt of your Building Cconsent 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 if:

• the work it authorises has not commenced within twelve calendar months from the date of granting
• the work is not completed 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.

 What if my project is delayed, or the building time frame has to be extended?

There can be occasions when your project time frames can fall outside of the requirements as determined by the Building Act. There are two time frames:

a) the project must start within 12 months from issue of the building consent.

b) The project must be completed and code compliance applied for within 2 year of consent granting.

If this has arisen, then, you can apply for an "extension of time", for your project. The application needs to be completed in writing, either by letter, or more efficiently, using the form linked here. Please detail the nature of why you require an extension of time. The usual extension of time allowed is 6 months. We regret that we cannot indefinitely extend these time frames, but accommodation can be made for extreme circumstances, and will be assessed on a case by case basis.

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, 
• the Building Consent, and is to the consented plans,
• 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.

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. You may also wish to refer to The Building Act 2004 which can be found at www.dbh.govt.nz

•  Forms index

Certificate of Acceptance

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.

A COA is applied for by using the COA Application Form and a Building Consent Application form. Fees will be calculated based on the project being applied for. Please contact a Building Officer for details of requirements of these applications for a COA.

Guide for Certificate Of Compliance Applications.

Contact details

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 may 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 completed.

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.)

Issued Building Consents list

Anyone who is interested in a subscription to the Building Consents List can receive an electronic report by email weekly.

To order a subscription please apply to the Building Support Team, or customer services. Details required from you will be conatact name, company name - if applicable - address etc for invoicing puposes.

There is a fee charged for this service.

Fees and charges

Contact details

Further resources

Further resources include: