A building’s use changes when its building code compliance is more onerous in its new use, than its old use.

The use of a building is categorised by law. These are found in: Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005, Schedule 2.

Common examples of change of use are:

• residential house to restaurant
• warehouse to apartments
• dwelling to childcare facility.

All of these can trigger Building Code compliance issues and certain systems or elements within the building may need to be changed or upgraded.

Change of use is covered by sections 114 and 115 of the Building Act 2004.

Notifying Council

Building owners must give Council written notice if a change of use is proposed.

You can notify Council by completing one of these forms:

• Building consent application (if you are applying for a building consent in relation to the change)
• Notification of Change of Use (if you are not applying for a building consent)

Change of use is a complex process. We suggest that the applications or notifications are done by a suitably qualified and competent person. You may need to provide fire reports and structural engineers reports. These reports should be compiled by suitably qualified and competent people.

If the change of use is made without written notice to Council, the building owner could be liable for a fine of up to $5,000 (in the case of an individual) or up to $25,000 (in the case of a body corporate).

Assessing change of use

Once Council receives written notice about a change of use proposal, Council must assess whether the building, in its new use, complies as nearly as reasonably practicable with the provisions of the Building Code the Building Code, relating to:

• means of escape from fire, protection of other property, sanitary facilities, structural performance, fire-rating performance
• access and facilities for people with disabilities
• compliance with other aspects of the Building Code to at least the same extent as before the change of use occurred.
• if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

If a building consent is required, the change of use will be refused at this time and the change cannot be put into effect until a Code Compliance Certificate (CCC) has been issued for the work.

The change of use cannot be made until Council gives the owner written confirmation that the requirements of the Building Act and Building Code have been complied with.

Other legislation

The change of use may be allowed under the Building Act but some other form of consent, such as resource consent, may be required. Note also that other changes may come from the change such as rating changes etc.

Additional information

More information on change of use can be found here: Change of use and alterations | Building Performance.