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Generally only work specified in Schedule 1 of the Building Act 2004 is exempt from needing a Building Consent. If work is exempt, it does not require any consent, nor inspections, but has to comply with the building code.

There may be times when you want to have the fact that work has been conducted and is exempt from the need of Building Consent, recorded or formally evaluated, if this is the case, use the exemption from building consent application form, and see item (k) in the notes below.

If you have an event, open to the public, requiring some form of temprorary structure - marquee, tent, grandstand etc - exemption from building consent may be granted, but you will have to supply details of how public safety, structural reuqirements and the like are to be addressed. These items are detailed on the Events and Temporary Structures application form.

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. Exempt work will still have to comply with other compliance issues like planning rules etc, so please check.

Below is some guidance on Schedule 1, as written, with some guidance.

The Schedule and the Building Act is subject to review, so please check details, either using the links here, or by asking our building officers.

The following information is to provide guidance on the interpretation of the Schedule 1 Clauses. The examples provided are guidance only and are not to be construed and used as "the rule". If situations arise where there is confusion, refer to the Building Team for clarification.

Schedule 1, Exempt building work

Note: bold text is as stated in Schedule 1, italic text are guidance notes

A building consent is not required for the following building work:

(a) Any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drain layers Act 1976, except -

This means that a person can lawfully repair and replace using a comparable material, product or component.

A building consent is required for:

timber weatherboard/s replaced with "Linea" or fibre cement weatherboards

trough profiled roofing material replaced with corrugated

timber decking 40mm thick to 20mm thick

(i) complete or substantial replacement of a specified system; or

A building consent is required for:

mechanical ventilation or air conditioning systems replaced with a heat pump system

upgrading an existing fire alarm system to a higher alarm type

replacement of an existing back flow preventer that has failed.

A building consent is not required for:

relocating an isolated fire alarm call point, smoke detector or sprinkler head/s to ensure appropriate coverage.

(ii) complete or substantial replacement of any component or assembly contributing to the building's structural behaviour or fire-safety properties; or

 A building consent is required for:

removal of any structural elements i.e. columns, beams, foundations

removal of any bracing element forming part of a buildings structural frame

removal or alteration of any fire rated construction i.e. fire rated material to structural frame or fire and smoke separations

recladding, a fire rated external wall.

(iii) repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or

A building consent is required for:

repair or replacement of any part of an exterior cladding system that has failed to meet the durability requirements of the Building Code i.e. 15 years for cladding or 50 years for structural elements.

A building consent is not required for:

repair or replacement of isolated timber weatherboard/s for maintenance purposes with new timber weatherboard/s

isolated mechanical damage to propriety cladding systems.

(iv) repair or replacement of any water storage heater connected to a solid-fuel heater or other supplementary heat exchanger, except for the repair, or replacement with a comparable heater, of any open-vented water storage heater using the same pipe work

A building consent is required for:

a supplementary water heating system such as a solid fuel heater with a wetback system connected to a hot water cylinder (HWC) that is replaced by a solar water heating system

the replacement of a low-pressure hot water cylinder with a high-pressure hot water cylinder.

A building consent is not required for:

the replacement of a low-pressure hot water cylinder with a comparative low-pressure hot water cylinder by a registered plumber

the replacement of a low pressure hot water cylinder with a high pressure hot water cylinder by a registered plumber.

 (ab) the opening and reinstatement of any purpose-made access point within a drainage system that

(i) is not a Network Utility Operator (NUO) system or part of a NUO system; and

(ii) is carried out in accordance with the Plumbers, Gasfitters, and Drain layers Act 1976.

A building consent is required for:

connecting any drainage work to a NUO system.

A building consent is not required for:

opening and reinstatement of private drainage system access points for inspection and maintenance purposes by a registered drain layer.

(ac) the alteration to drains for a dwelling, if the alteration -

(i) is of a minor nature (for example, shifting a gully trap); and

(ii) does not include making any new connection to a service provided by a network utility operator; and

(iii) is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976.

A building consent is required for:

extending new drainage work to a different outlet

replacement of existing drainage lines that may have failed.

A building consent is not required for:

shifting a gully trap or silt trap by a registered drain layer,

isolated repairs and replacement of drainage systems by a registered drain layer,

connecting a "Novaflo" drain on private property to another private storm water drain by a registered drain layer.

(ad) the alteration to existing sanitary plumbing (as defined in section 3 of the Plumbers, Gasfitters, and Drain layers Act 1976) in a dwelling (for example, replacing a bath with a shower or moving a toilet) carried out in accordance with the Plumbers, Gasfitters, and Drain layers Act 1976.

A building consent is required for:

moving a toilet/ bath/ shower/ vanity to a new room or new position in a building requiring new pipe work to a drainage system

alterations involving the installation of a level access shower, due to tanking/ waterproofing requirements where this work could affect other property

A building consent is not required for:

repositioning a toilet/ bath/ shower/ vanity using the same sanitary plumbing pipe work,

replacing a bath with a propriety shower base system and connecting to existing sanitary plumbing pipe work,

repositioning a kitchen sink within an existing kitchen (i.e. kitchen alteration/ remodelling),

repositioning a toilet or other fixture into an adjoining room,

alterations involving the installation of a level access shower where this does not affect other property and where trained membrane applicators are used.

(ae) the installation, replacement or removal in any existing building of a window (including a roof window) or an exterior doorway if -

(i) compliance with the provisions of the building code relating to structural stability is not reduced; and

(ii) in the case of replacement, the window or doorway being replaced satisfied the provisions of the building code for durability.

A building consent is required for:

replacing rotten external timber window frame that is less than 15 years old.

A building consent is not required for:

removing or replacing a window/ door in the same opening,

removing a window/ door and infilling opening to make weather tight,

removing a window and framing below the window to install a door/ ranch slider.

(af) the alteration to an entrance or an internal doorway of a dwelling to improve access for persons with disabilities, if compliance with the provisions of the building code relating to structural stability is not reduced.

A building consent is required for:

where new structural elements are required for an opening, i.e. replacement lintel and framing to meet requirements of the building code,

ramped accessible access that exceeds one metre in height to dwellings,

A building consent is not required for:

alteration of an existing doorway (external or internal) to facilitate access for people with disabilities providing structural stability not reduced, i.e. lintel and framing to existing opening is not replaced or modified.

(ag) the alteration to the interior of any non-residential building (for example, a shop, office, library, factory, warehouse, church, or school), if the alteration does not -

(i) reduce compliance with the provisions of the building code that relate to means of escape from fire, protection of other property, sanitary facilities, structural stability, fire-rating performance, and access for persons with disabilities; or

(ii) modify or affect any specified system.

A building consent is required for:

fit-outs that affect means of escape (i.e. dead end path exceeded), structural fire rating, sanitary facilities and access for people with disabilities or any specified system

means of escape is affected by alterations that affect any active (fire alarm/ sprinkler system) or passive feature (fire/ smoke separation)

alterations that increase occupancy numbers as these increase affect fire safety precautions and required sanitary facilities.

A building consent is not required for:

shop fit-outs and office fit-outs providing means of escape, structural fire rating and access for people with disabilities not affected

relocation of isolated sprinkler heads/ smoke detectors/ heat detectors to ensure appropriate coverage is maintained.

(b) the construction or alteration of any motorway sign, stop bank, culvert for carrying water under or in association with a road, or other similar structure that is a simple structure and is owned or controlled by a network utility operator or other similar organisation.

A building consent is required for:

new office buildings for NUO would not be considered a simple structure or part of the NUO.

A building consent is not required for:

new motorway signage to direct traffic.

(c) construction or alteration of any retaining wall that retains not more than 1.5 metres depth of ground and that does not support any surcharge or any load additional to the load of that ground (for example, the load of vehicles on a road).

A building consent is required for:

any retaining wall over 1.5 metres

any retaining wall that supports a surcharge i.e. any additional load above the direct support of the wall from sloping ground and any imposed loads from vehicles on roads/ driveways or adjacent building structures within the height of the wall.

A building consent is not required for:

any retaining wall under 1.5 metres and not carrying a surcharge.

(ca) the construction, alteration, or removal of an internal wall (including the construction, alteration, or removal of an internal doorway) in any existing building if -

(i) compliance with the provisions of the building code relating to structural stability is not reduced; and

(ii) the means of escape from fire provided within the building are not detrimentally affected; and

(iii) the wall is not made of units of material (such as brick, burnt clay, concrete, or stone) laid to a bond in and joined together with mortar.

A building consent is required for:

removing or relocating any fire/ smoke rated wall that affects means of escape or a buildings structural stability

constructing a new block wall internally within a building warehouse

removing or relocating any load bearing wall within a building.

the installation of a window or door in any concrete block/ brick/ clay or stone wall.

A building consent is not required for:

removing or relocating an internal non-load bearing wall/ partition (i.e. are not load bearing or a bracing element) that does not affect means of escape (total open path distance) or a buildings structural stability

removing or relocating an internal non-load bearing wall/ partition to accommodate a new kitchen installation/ modification.

(d) the construction or alteration of any wall (except a retaining wall or internal wall), fence (except a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987), or hoarding, in each case of a height not exceeding 2 metres above the supporting ground.

A building consent is required for:

any fence more than 2 metres in height

any fence that forms part of a swimming pool or spa pools fencing.

A building consent is not required for:

any fence less than 2 metres in height.

Note: The height of a fence is taken from the lowest original ground level; therefore, a retaining wall one metre high could only accommodate a one metre high fence on top, giving an overall wall and fence height of 2 metres.

(da) the construction or alteration of any dam that is not a large dam.

A building consent is required for:

the construction or alteration of any dam that retains a depth of water greater than 3 metres or 20,000 cubic metres of water.

(e) the construction or alteration of any tank or pool and any structural support of the tank or pool (except a swimming pool as defined in section 2 of the Fencing of Swimming Pools Act 1987), including any tank or pool that is part of any other building for which a building consent is required, -

(i) not exceeding 35,000 litres capacity and supported directly by the ground; or
(ii) not exceeding 2,000 litres capacity and supported not more than 2 metres above the supporting ground; or
(iii) not exceeding 500 litres capacity and supported not more than 4 metres above the supporting ground.

A building consent is required for:

the installation or removal of any swimming pool as defined by the Fencing of Swimming Pools Act 1987

A building consent is not required for:

a water tank directly supported on the ground and less than 35,000 litres.

(f) the construction, alteration or removal of any tent or marquee that has a floor area not exceeding 50 square metres if that tent or marquee is to be, or has been, used for public assembly for a period of not more than one month.

A building consent is required for:

any tent or marquee over 50 square metres that is used for public assembly i.e. a circus tent, event/s function marquees etc

any tent or marquee under 50 square metres that is used for public assembly for more than one month.

A building consent is not required for:

any tent or marquee under 50 square metres and used for public assembly for less than one month.

(fa) the construction, alteration or removal or any tent or marquee that has a floor area not exceeding 100 square metres if that tent or marquee is, or has been, for private use for a period of not more than one month.

A building consent is required for:

any tent or marquee over 100 square metres that is used for private use i.e. family function on private land

any tent or marquee under 100 square metres that is used for private use for more than one month.

A building consent is not required for:

any tent or marquee used for private use under 100 square metres and used for less than one month i.e. for a wedding or private party.

(g) the construction or alteration of any platform, bridge, or the like from which it is not possible for a person to fall more than one metre even if it collapses.

A building consent is required for:

any platform or bridge where a fall of more than one metre. The fall height can include the total distance travelled before a complete stop is experienced i.e. a fall from a one metre high deck into water or on to sloping ground would result in a fall of greater distance than one metre.

A building consent is not required for:

any platform or bridge under one metre was a fall is less than one metre.

(h) the construction or alteration of any temporary storage stack of goods or materials.

A building consent is required for:

any racking system erected for the storage of goods or materials in commercial or industrial buildings.

A building consent is not required for:

any freestanding storage of materials that are stacked on top of themselves less than 3 metres in height.

Note: storage of goods over 3 metres in height alters the fire hazard category for a building and would require assessment by a fire engineer.

(i) building work in connection with any detached building (except a building that is required to be licensed in terms of the Hazardous Substances and New Organisms Act 1996 or a building closer than its own height to any residential accommodation or to any legal boundary) that -
(i) houses fixed plant or machinery, the only normal visits to which are intermittent visits for routine inspection and maintenance of that plant or machinery; or
(ii) into which, or into the immediate vicinity of which, people cannot or do not normally go; or
(iii) is used only by people engaged in the construction or maintenance of another building for which a building consent is required; or
(iv) does not exceed 1 storey, does not exceed 10 square metres in floor area, and does not contain sanitary facilities or facilities for the storage of potable water, but may contain sleeping accommodation (without cooking facilities) if the detached building is used in connection with a dwelling.

A building consent is required for:

any building closer than its own height to a boundary

any building that is greater than 10 square metres and contains sanitary facilities or facilities for the storage of potable water or cooking facilities

any building containing chemicals that would require the building to be licensed under Hazardous Substances and New Organisms Act 1996.

A building consent is not required for:

any building that is greater than its own height from a boundary

any building that is less than 10 square metres contains sleeping accommodation only and is more than its own height to a boundary

any building that houses plant or machinery, which is accessed on an intermittent basis and is, located closer than its own height to a boundary

site sheds supported directly by the ground, their own height to a boundary and used in conjunction with a consented building project.

(j) building work in connection with the closing in of an existing veranda, patio, or the like so as to provide an enclosed porch, conservatory, or the like with a floor area not exceeding 5 square metres.

A building consent is required for:

any building work exceeding 5 square metres that closes in a veranda to form a porch or conservatory to provide some weather protection to a buildings entry.

A building consent is not required for:

any building works less than 5 square metres that closes in a veranda to form a porch or conservatory to provide weather protection to a buildings entry

the closing in of any landing and stairs less than 5 square metres to provide weather protection to a buildings entry.

(ja) the construction, alteration, or removal of any fabric, glass, or metal awning on any building where that porch or verandah -
(i) is on the ground or first storey level; and
(ii) does not exceed 15 square metres in size.

A building consent is required for:

any awning (material, plastic, metal, or glass) exceeding 15 square metres i.e. some shade sails

any awning (material, plastic, metal, or glass that is located greater than first storey level.

A building consent is not required for:

any awning under 15 square metres located at ground or first storey level

the removal of any awning under 15 square metres at ground or first storey level

Please note: careful consideration must be taken when erecting awnings to ensure they are adequately fixed as windy conditions can serious effect their stability.

(jb) the construction, alteration, or removal of a pergola.

A building consent is required for:

a roofed pergola exceeding 15 square metres as pergola is now deemed a veranda

storm water catchment from a roofed pergola.

A building consent is not required for:

a completely open pergola more than its own height from a relevant boundary

a completely open pergola attached to a dwelling or other structure more than 1 metre from a relevant boundary.

(jc) the construction, alteration, or removal of a porch or verandah on any building where that porch or verandah -

(i) is on the ground or first storey level; and
(ii) is over a deck or a patio; and
(iii) does not exceed 15 square metres in size.

A building consent is required for:

any veranda or porch over 15 square metres

any veranda or porch over above first storey level

shop verandahs over public areas

storm water catchment from a roofed veranda being disposed of to an approved outfall.

A building consent is not required for:

porches and verandas under 15 square metres and lower than first storey level.

(k) any other building work in respect of which the territorial authority (or, as the case requires, the regional authority) considers that a building consent is not necessary for the purposes of this Act because that building work -

(i) is unlikely to be carried out otherwise than in accordance with the building code; or
(ii) if carried out otherwise than in accordance with the building code, is unlikely to endanger people or any building, whether on the same land or on other property.

 

DBH Guidance for (k)

Exemption (k) allows a discretionary decision to be made by a territorial authority (city or district council) or regional authority (regional council) to exempt proposed building work from the requirement to obtain a building consent in the circumstances specified in (i) and (ii) above.

Members of the public may ask that their local council to consider their proposed building work under this exemption. However, the decision to allow the exemption under this part of Schedule 1 is totally the council's discretion, based on the risk of building work not complying with the Building Code or endangering people or property.

Local Councils should have procedures for making formal decisions under exemption (k) to exempt building work, that meets the specific criteria of (i) and (ii) above, from the requirement to obtain a building consent.

Reasons for the decision and the outcome of the decision must be recorded and placed on the Councils register and the property file that relates to the building work.

Far North District Council (k)

With this in mind, use the exemption from building consent application form, to aid this process.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. For further details or clarification, either contact us,

or phone on 0800 920 029 or 09 405 2750

or use the links below.

Further information from:

• Department of Building and Housing -

www.dbh.govt.nz use "exemptions" as search or keyword,or,

www.dbh.govt.nz/bc-no-consent, for specific pages.

• NZ Building Guide - www.buildingguide.co.nz
• Ministry for the Environment - www.mfe.govt.nz