Building work that does not require a building consent
Introduction
Purpose
This document provides guidance on the types of building work that do not require a building consent under Schedule 1 of the Building Act 2004 (the Building Act).
This document is mainly for architects, designers, licensed building practitioners, and building owners who are undertaking building work.
Its overall purpose is to help inform decisions around whether proposed building work would qualify for one of the exemptions in Schedule 1 of the Building Act.
Background
The Building Act includes types of building work that are exempt from the requirements to obtain a building consent.
These exemptions recognise that certain low-risk building work should not be subject to the normal requirements of the building consent approval process. Exempt building work is generally work that will not affect the structural integrity or safety components of the building.
The list of exempt building work is contained in Schedule 1 of the Building Act. In October 2008, this list was expanded to include more exemptions.
This document provides guidance on all of the exemptions in Schedule 1.
Seeking advice on exempt building work
The building owner is responsible for getting a building consent for building work. They are also responsible for determining whether or not their proposed building work is exempt from the requirement of obtaining a building consent. Each situation will depend upon its own circumstances. Therefore, it is important to get good advice before deciding that the building work is covered by the exemptions set out in Schedule 1.
If building work is unlawfully undertaken for which a building consent is required (ie, it is not exempt under Schedule 1), then this is an offence under section 40 of the Building Act. A person committing this offence under this section is liable to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part day during which the offence has continued.
If you are experienced in the building industry, and understand the technical requirements of the Building Act and Building Regulations (including the New Zealand Building Code), you should easily recognise whether any exemptions apply to your proposed building project. If you are unsure, however, the Department of Building and Housing (the Department) recommends that you contact your local building consent authority (your local city or district council) for advice. Building consent authorities have a wide range of building control expertise and information about exemptions and the building consent process.
Depending on the nature of the building work, a building owner might also wish to seek advice from a licensed building practitioner (LBP), registered architect, registered building surveyor, chartered professional engineer, or some other person with appropriate knowledge and expertise in the building industry. In dealing with LBPs, it is important to note that there are several different categories of LBP, and you should ask the LBP if they hold the relevant licensing class before accepting their advice.
Even though some building work may be exempt under Schedule 1, building owners may wish to submit records for the building work (plans and details) to the local city or district council to be placed on the property file. This will benefit building owners if in the future they decide to sell their property. Building owners should clearly state on their records that they have made the decision that the building work is exempt under Schedule 1.
Important notes
Even if the proposed building work does not require a building consent, it is still a requirement of the Building Act that all building work complies with the Building Code (refer to section 17 of the Building Act).1
The building work may also be required to comply with other legislation, such as the Hazardous Substances and New Organisms Act 1996, the Resource Management Act 1991 (and any local district plan rules) and any relevant local government bylaw requirements.
If you are unsure what requirements may apply to your project, the Department recommends that you seek advice from your local council.
Schedule 1 - Exempt building work
This document sets out all of the exemptions in Schedule 1 and provides guidance to help you decide whether your proposed building work qualifies as an exemption.
The document clearly distinguishes between new or altered exemptions, introduced in October 2008, and those that have been in place previously.
Some of the key terms used in this document are defined in the glossary at the end. These key terms are italicised.
1. The Building Code is available at:
www.dbh.govt.nz/building-code-compliance-documents