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Interior alterations

A retail store.

This is a new exemption, introduced in October 2008.

Exemption (ag) of Schedule 1

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

(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 and facilities for persons with disabilities; or

(ii) modify or affect any specified system.

Guidance

The purpose of this exemption is to allow for non-residential buildings to be altered internally, for example the fitout of a commercial property. This exemption does not apply to residential buildings, including communal residential buildings such as hotels, retirement villages, camping grounds, prisons and hospitals.

A building consent will be required if the proposed building work affects or modifies any of the following aspects so as to reduce compliance with the Building Code.

  • Means of escape from fire
  • Protection of other property
  • Sanitary facilities
  • Structural performance
  • Fire-rating performance
  • Access and facilities for people with disabilities

For example, reducing compliance with the provisions of the Building Code that relate to fire-rating performance will occur if the performance of any fire-rated walls is affected (eg, cutting an opening through a fire-rated wall even if a fire door is to be installed). In these instances, exemption (ag) cannot be used and a building consent must be obtained.

Any alteration that affects a specified system (eg, sprinklers, fire alarm, smoke detectors, etc) will require a building consent.

If the internal alteration changes the use of a building, or a space within that building, this could be considered a change of use under the Building Act (section 115). In these instances, your local city or district council should be contacted as a building consent may be required.4

Because the types of buildings that this exemption relates to are often complicated, it is recommended that building owners seek advice from people with experience in the building industry such as a registered architect, registered building surveyor or chartered professional engineer. If you are still unsure, however, then you should contact your local building consent authority (your local city or district council) for advice.

Examples where this exemption could apply Examples where building consent is required
  • The owner of a clothing store decides to do an internal fitout that includes new shelving, clothes racks and simple low partitions. The escape routes are not reduced (eg, total open paths stay the same) and the building work does not affect any existing specified systems. This building work does not require a building consent.
  • A restaurant undergoes an alteration that includes redecorating, new seating areas, and an extension to the bar. The existing bar is not accessible for people with disabilities. The bar extension is proposed to comply with the Building Code in relation to access. The work does not affect escape routes (eg, total open paths stay the same) and the building work does not affect any existing specified systems. The building work does not require a building consent.
  • The owner of an office building proposes to install a fire door in a fire wall that separates an escape route. The building contains a fire alarm and sprinkler system. As the fire wall is associated with the means of escape from fire, it becomes a specified system.5 The work will require a building consent.
  • A restaurant undergoes an alteration to increase the number of customers it can serve. The increase in customers affects the number of sanitary facilities required, so the work will require a building consent.
  • A commercial property proposes to install a simple partition. The location of the partition requires an existing fire sprinkler head to be moved. This work is a modification to a specified system and will require a building consent.

4 Refer to the Building Act 2004 and the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.

5 Refer to the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.