Building work that does not require a building consent
Schedule 1 - exempt building work
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This document sets out all of the exemptions in Schedule 1 of the Building Act 2004 and provides guidance for deciding whether proposed building work qualifies as exempt.
The primary purpose of Schedule 1 is to exempt building work that is minor and low-risk in nature and where the benefits of requiring a building consent do not exceed associated compliance costs. Work exempt under Schedule 1 is generally building work that will not significantly affect public safety or the structural integrity or fire safety components of the building.
Some key terms (linked throughout this document) are also defined in the 'Glossary of Terms' section at the end of this document.
Repairs, maintenance and replacement guidance
Exemption (a) of Schedule 1
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 Drainlayers Act 2006, except-
- (i) complete or substantial replacement of a specified system; or
- (ii) complete or substantial replacement of any component or assembly contributing to the building's structural, behaviour or fire-safety properties; or
- (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
- (iv) repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger (other than-
- - repair of an open-vented water storage heater using the same pipework; or
- - replacement of an open-vented water storage heater with a comparable heater using the same pipework).
Guidance
This exemption enables building owners to repair and maintain their buildings without having to get a building consent, provided they use comparable materials, components or assemblies in the same position. Additional guidance is available about this exemption in the Department's past Codewords publications.4 There have also been a number of determinations that discuss the use of comparable materials.5
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Replacing 30-year old corrugated iron roof cladding, where that cladding has achieved its Building Code durability requirement (lasted more than 15 years) and the replacement cladding is a comparable material. |
Replacing exterior wall cladding that has failed within 15 years of the cladding being installed, resulting in damage to the wall framing. |
| Replacing a few (but not all) old rotten wooden piles under a house with new treated timber piles in the same positions. |
Rebuilding a room in a house that has been substantially damaged by fire. Although the building may have met its durability requirements, the proposed building work would involve complete and substantial replacement of structural components, so a building consent is required. |
| Replacing a low pressure, open-vented electric hot water storage heater, not connected to a wetback, with another similar low pressure electric hot water storage heater in the same position, using the same pipework. |
Replacing a low pressure electric hot water storage heater with a mains pressure gas hot water storage heater (ie, as the components are not comparable). |
| Replacing a damaged fire sprinkler in the same position. This work is not considered substantial as only one fire sprinkler is being replaced as opposed to the whole specified system. |
Repair of an exterior wall following vehicle impact damage where the repairs require complete replacement of wall framing and integral bracing elements. |
| Repairing and repainting damaged solid plaster exterior wall cladding perhaps caused by a motor vehicle backing into the wall or a recent earthquake. |
Replacing a fire damaged roof to a warehouse where the work includes the complete replacement of roof trusses that affect the building's structural stability. |
| Maintaining a weatherproofing membrane (eg, a fibreglass and painted surface system on an existing deck that forms the roof over a habitable room) by applying a new coat of fibreglass and paint in accordance with the manufacturer's instructions. |
Replacing old corrugated iron roofing with new concrete tiles. The heavier tiles are not comparable materials and the additional load would affect the building's structural stability. |
| Repairing or replacing a damaged stainless steel flue for an existing solid fuel heater (eg, wood burner) in the same position. |
Repositioning a solid fuel heater (eg, wood burner) by shifting it from one end of a living room to the other. |
| Replacing, in the same position, any number of existing non-fire-rated wooden doors and windows (joinery and glazing) with new aluminium doors and windows. |
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| Repairing or replacing stairs in the same position. |
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| Repairing a septic tank effluent disposal system where the repair work is carried out by a certifying drainlayer. |
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| Following an earthquake, an owner carries out repair work to a brick chimney that has collapsed, using a comparable material and component such as a reinforced pumice concrete chimney. |
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Drainage and plumbing
Drainage systems
Exemption (ab) of Schedule 1
A building consent is not required for the following building work:
- (ab) the opening and reinstatement of any purpose-made access point within a drainage system that-
- (i) is not a NUO system or part of a NUO system;
- (ii) is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 2006.
Guidance
This exemption applies where a certifying drainlayer needs to access or supervise the accessing of a private drain using a purpose-made access point.
| Examples where this exemption could apply |
| A drain is blocked by a back-up of waste material within the drainage system. The blockage was caused by a child flushing a hand towel down the toilet. The problem is solved by opening a purpose-made access point, removing the towel, clearing the blockage and reinstating the access point. |
Alterations to drains
Exemption (ac) of Schedule 1
A building consent is not required for the following building work:
- (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 2006.
Guidance
This exemption applies only when a certifying drainlayer makes or supervises only minor alterations to a private drain serving a dwelling (residential house).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A kitchen benchtop is replaced and the kitchen sink is moved to an adjacent wall (see exemption (ad)).The existing gully trap servicing the kitchen needs to be shifted a short distance to receive the discharge from the repositioned sink wastepipe. |
A branch drain will be extended so that it exceeds 10 metres in length, triggering the requirement for venting. The venting requirement means that this is not a minor alteration, so a building consent is required. |
| A toilet pan has been repositioned in an existing bathroom (see exemption (ad)) and it is reconnected into the existing drain at a different point. |
An existing laundry is reconfigured in a garage and the laundry tub is moved to an opposite wall. As a consequence, the main drain will need to be extended by several metres around the perimeter of the garage. This is not minor work and a building consent is required. |
| Installing a new access or rodding point for unblocking drains. |
Installation of a new on-site grey-water disposal system. |
| A short extension to a stormwater drain to collect water from a new downpipe. |
Shifting the position of a private drain connection to a public (NUO) drain running through an easement on the same property. |
| Connecting a new gully trap on an existing drain to receive discharge from a redirected waste pipe. |
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| Sealing off a branch drain following the removal of sanitary fixtures from an outbuilding associated with a dwelling. |
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| Extending, for a short distance, the drain from a dwelling to connect to a new council sewer lateral installed at the boundary by the NUO due to the original lateral being damaged by tree roots (provided no new connections to a NUO system are made). |
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Alterations to sanitary plumbing
Exemption (ad) of Schedule 1
A building consent is not required for the following building work:
- (ad) the alteration to existing sanitary plumbing (as defined in section 3 of the Plumbers, Gasfitters, and Drainlayers 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 Drainlayers Act 2006 and that is not repair or replacement to which paragraph (a)(iv) applies.
Guidance
This exemption applies only when a certifying plumber carries out or supervises alterations to sanitary plumbing in existing bathrooms, kitchens, laundries and toilets, etc without increasing the number of sanitary fixtures within the dwelling. Section 6 of the Plumbers, Gasfitters, and Drainlayers Act 2006 defines sanitary plumbing for the purposes of this exemption.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Repositioning existing sanitary fixtures (bath, basin, shower or toilet) within an existing bathroom. |
An ensuite is proposed and this includes the addition of a shower, hand basin and toilet. These sanitary fixtures are additional to those that already exist in the dwelling, so a building consent is required. |
| Moving a toilet pan from a WC compartment into an adjacent existing bathroom. |
Replacing an open-vented hot water storage heater with a valve vented hot water storage heater. A consent is required as this type of plumbing work has a higher risk profile due to an increase in the complexity of the work ie, multiple safety valves. |
| An existing kitchen is being remodelled within the same space and the kitchen sink is to be moved to an adjacent wall. |
Adding a bidet to an existing bathroom. This increases the number of sanitary fixtures. |
| An existing laundry washtub is to be moved to a new space within the adjacent existing kitchen area. |
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| Removing an existing and internal electric hot water storage heater and installing an external gas instantaneous water heater (with no storage capacity). A consent is not required as the term alteration covers the extension of water pipes necessary to connect the new instantaneous gas water heater as well as the work of sealing redundant pipework following removal of the old storage heater. The gas and electrical work involved in connecting up the instantaneous gas water heater is also exempt energy work under section 43 of the Building Act. |
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| Extending cold water pipework to serve a new outside hose tap on a dwelling. |
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| Relocating or removing an outside hose tap on a dwelling to enable the construction of a new deck. |
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| Repairs to any sanitary plumbing (fixtures, fittings and associated pipework) in a dwelling. |
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Important note: Any plumbing work under this exemption must be carried out (or supervised) by a certifying plumber; otherwise it is not exempt work.
Where sanitary plumbing work could adversely affect the structural stability of structural elements such as floor joists or wall framing, this work may require a building consent. If in doubt, we recommend seeking professional advice first (eg, licensed building practitioner, chartered professional engineer, registered architect, building consultant, registered building surveyor or accredited building consent authority).
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Windows and doors in existing buildings
Exemption (ae) of Schedule 1
A building consent is not required for the following building work:
- (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.
Guidance
This exemption allows the installation, replacement or removal of any number of windows (including a skylight) or an external doorway as long as the building work does not reduce compliance with the provisions of the Building Code that relate to structural stability.
In many cases, external walls are often load-bearing, meaning they support the structure above them, such as a roof or a second storey. External walls also often contain bracing elements (such as bracing rated wall board) that when combined help the building stand up to strong winds and earthquakes. A building's roof structure is commonly formed using either trusses or rafters and is exposed to significant pressures such as wind (causing uplift) and snow (adding additional weight) in certain areas. In large rooms within buildings, the ceiling linings can also contain structural bracing elements (similar to bracing in a wall and known as a diaphragm ceiling).
Reducing compliance with the structural stability provisions of the Building Code will often occur if any structural members or components are affected (eg, cutting through load-bearing wall framing, bracing elements or roof trusses to form an opening for a window, door or skylight). In these instances, this exemption does not apply and a building consent must be obtained.
Additionally, if a window, door or skylight is to be replaced, then it is important to consider whether it originally met the durability requirements of the Building Code. Doors and windows in an external wall are required, in most cases, to last at least 15 years. Most windows and doors should exceed this requirement with regular maintenance. However, if you are replacing a window, door, or skylight that has been installed within 15 years and it has failed (eg, rotted out), this work will require a building consent. If the door or window is older than 15 years and has rotted out and you are replacing it, then this work does not require a building consent. This recognises that replacing a window or door that has failed its durability requirements with a similar window or door could result in the replacement also failing.
Another aspect to consider is whether the window or door has to be fire-rated, for example, where it is located less than one metre from a legal boundary.
Important note: The building being worked on needs to be existing. Therefore this exemption does not apply to the construction of new buildings.
It is important when considering work that is close to or involves potentially load bearing walls to seek professional advice (eg, chartered professional engineer, registered architect, building consultant, registered building surveyor).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Installing a skylight into an existing roof, between trusses, so that the structural stability of the roof framing is not reduced (ie, the building's trusses are not altered in any way). |
A window that was installed in a building only six years ago is to be replaced due to a rotten timber window frame. Replacing this window requires a building consent because it has failed its 15 year durability requirement. |
| Replacing a window with a door in an external load-bearing wall, as long as the width of the opening does not change and therefore the existing lintel is not altered. The wall framing below a window, in most cases, is not structural and can be removed under this exemption. |
An opening is formed in an external load-bearing wall to install a new window. A lintel is required to support the roof load above. The building work to install the window and the structural lintel will require a building consent. |
| Removing a window and covering the opening with external cladding and internal linings, to form a wall with no opening. (Note that certain minimum Building Code requirements are still required to be met for ventilation, natural light and visual awareness for the internal space if it's a habitable room.) |
An opening is formed in a roof and the ceiling below to install a skylight. Although the installation does not affect the structural roof members, the room below is large and the ceiling is a bracing element (diaphragm ceiling). This will reduce the building's compliance with the Building Code that relates to structural stability, so a building consent is required. |
| Replacing a set of French doors with a ranch-slider without altering the size of the wall opening. |
Installing a new door in an exterior braced wall. Wall bracing is reduced and structural stability is reduced. |
| Replacing an old wooden window that has lasted over 15 years with a new aluminium window. |
Installing several new large skylights into an existing building (as depicted below) where rafters have to be cut and altered to fit the new skylights, affecting the structural integrity of the roof framing system. |
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Improving access for people with disabilities
Exemption (af) of Schedule 1
A building consent is not required for the following building work:
- (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.
Guidance
This exemption enables existing residential dwellings to be altered to improve access for people with disabilities.
In many cases external and internal walls are often load-bearing, meaning they support the structure above such as the roof or a second storey. External and internal walls also often contain bracing elements that, when combined, help the building stand up to strong winds and earthquakes.
Reducing compliance with the structural stability provisions of the Building Code will often occur if any structural members or components are affected (eg, cutting through load-bearing walls or bracing elements to widen an existing door opening). In these instances this exemption cannot be used and a building consent must be obtained.
To ensure consistency with exemption (ga), for ramps this exemption is limited to where it is not possible for a person to fall more than 1.5 metres even if the ramp collapses. Ramps (for people with disabilities) above 1.5 metres in height require a building consent.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An entry to a dwelling has a door with a window on either side (both the windows and the door are within an aluminium frame). The entire aluminium frame can be removed and replaced with a wider door and a single window. The width of the opening does not change and therefore the existing lintel is not altered and structural stability is not reduced. |
A door opening is widened in an external load-bearing wall to improve access. A new lintel is required to support the roof load above. The building work to widen the doorway and install a structural lintel will require a building consent. |
| An internal doorway is required to be widened. The door is located in a wall that is not load-bearing and doesn't contain a bracing element. The opening can be widened without needing a building consent. |
A ramp is constructed to provide access to a dwelling. Part of the ramp exceeds 1.5 metres above the ground, so the ramp will require a building consent. |
| A door and the door jambs are removed from an existing doorway in an internal, load-bearing wall to leave an opening (without a door) wide enough to allow wheelchair access. |
A ramp is built to provide wheelchair access into a commercial building. As the ramp is not associated with a dwelling, a building consent is required. |
| A ramp is constructed to provide access to a dwelling. The entire ramp is less than 1.5 metres in height above ground and complies in all other respects with the Building Code. |
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| Installation of contrasting surfaces outside the entrance way to a dwelling. |
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| Installation of an electric platform lift at the entrance to a dwelling. |
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| Levelling the threshold of an existing entrance to provide for wheelchair access. |
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Important note: The exemption (af) only applies to existing dwellings (residential houses).
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Interior non-residential alterations
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 or camping grounds.
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 is likely to 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 alarms, 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 for the building work.6
Because the types of buildings that this exemption relates to are often complicated, it is recommended that building owners seek professional advice from people with skills and experience in building compliance 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 authority7 for advice.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| The owner of a retail store decides to do an internal fitout that includes new linings and finishes, 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. |
The owner of an office building proposes to install a fire door in a firewall that separates an escape route. The building contains a fire alarm and sprinkler system. As the firewall is associated with the means of escape from fire, it becomes a specified system. The work will require a building consent. |
| A restaurant undergoes an alteration that includes redecorating and new seating areas. 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. As with all building work it must comply with the Building Code. |
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 (ie, additional toilets and wash handbasins need to be provided), so the work will require a building consent. |
| Installing a window in a non-load bearing partition between a factory storage room and hallway to allow natural light into the hallway. |
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. |
| Replacing linings and finishes within a retail shop where the work does not affect compliance with any fire-rating requirements. |
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| Removing a sink and a wash handbasin from a disused cleaners' cupboard in a shopping complex. The removal of the handbasin does not reduce compliance with Building Code provisions relating to sanitary facilities, as other fully complying facilities are available nearby in the complex. Note, any alteration work to sanitary plumbing must be carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 2006. |
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Important note: Installing new walls and partitions (even non-load bearing ones) close to sprinkler heads may affect the effectiveness and compliance of the sprinklers, which are part of a specified system. Doing so will almost certainly necessitate a building consent.
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Internal floor and wall linings and finishes in dwellings
Exemption (ah) of Schedule 1
A building consent is not required for the following building work:
- (ah) the replacement or alteration of linings or finishes of any internal wall, ceiling, or floor of a dwelling.
Guidance
This exemption allows you to replace or alter all the linings and finishes of internal walls,8 ceilings or floors of a dwelling (residential house). This exemption does not require comparable materials to be used, unlike exemption (a).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Replacing ceiling lining in an existing dwelling due to water damage from a burst pipe (note, that unlike exemption (a), this allows replacement with non-comparable materials provided that the complete replacement work complies with the Building Code). |
Replacing linings and finishes in commercial and industrial buildings - unless the work is specifically permitted by another exemption. |
| Replacement of worn-out flooring in a dwelling. |
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| Replacement of existing plasterboard wall linings in a dwelling with wood panelling. |
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| Replacing old borer-damaged tongue and groove floor boards in a dwelling with a new particleboard floor. |
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| Replacement of bathroom floor and wall linings and finishes as part of a bathroom alteration project. |
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| Repair to wall linings in a dwelling. |
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Important note: When unsure whether proposed building work may affect Building Code compliance with fire safety, structural stability, internal moisture requirements, etc. advice should be sought from a suitably qualified person first (eg, registered building surveyor, chartered professional engineer, registered architect).
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Network utility operator infrastructure
Exemption (b) of Schedule 1
A building consent is not required for the following building work:
- (b) the construction or alteration of any motorway sign, stopbank, 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.9
Guidance
New Zealand requires the necessary infrastructure to operate effectively. This includes energy distribution, reticulated water, public drainage and telecommunications, etc. Network utility operators (NUOs) usually establish and control this infrastructure.
The purpose of this exemption is to allow essential building work on infrastructure to be done promptly. In many cases, this infrastructure is located on public land and often crosses territorial authority boundaries. Usually this infrastructure is designed, constructed, maintained and supervised by professionals within the industry and/or government agencies.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A new motorway off-ramp has been constructed and the NUO proposes to erect a motorway sign to direct vehicles. As it is owned by a NUO, the new sign will not require a building consent. |
A NUO proposes to build a new office at its sewerage treatment plant for its employees. This office would not be considered a simple structure and would need to comply with all requirements of the Building Act. The new office will require a building consent. |
| An NUO proposes to build a culvert within the NUO controlled road reserve to provide a temporary crossing over a stream while repairs to an adjacent road bridge are completed. |
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| An NUO carries out repair work to stopbanks and a public stormwater drain owned by the NUO following a severe flood. |
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Signs
Exemption (ba) of Schedule 1
A building consent is not required for the following building work:
- (ba) the construction, installation, replacement, or alteration of a sign (whether free-standing or attached to a structure) and any structural support of the sign, if-
- (i) the surface area of the sign does not exceed 6 square metres and the sign does not exceed 3 metres in height above the supporting ground level; or
- (ii) the sign has been designed by a chartered professional engineer.
Guidance
Restrictions on the size (surface area) of the sign and its height above the supporting ground do not apply if the sign has been designed by a chartered professional engineer. The term 'surface area' refers to a single face of the sign. For example, the exemption would allow a 2 m x 3 m free-standing sign that displayed information on both sides of the sign to be built without a building consent.
The 3 metre height limit should be measured as the vertical distance between the highest point at the top of the sign and the lowest point of the supporting ground below the sign.
Chartered professional engineers are professional engineers registered by the Institution of Professional Engineers (IPENZ) acting as the registration authority. To qualify, engineers must be able to demonstrate current competency in their respective practice area, which is re-assessed at regular intervals.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| New 6 square metre sign, attached to the side of a building, where the highest point of the sign is no more than 3 metres above the supporting ground level. |
Repairing a 10 square metre sign 3 metres above ground level not using comparable materials. Note exemption (a) allows repair using comparable materials. |
| A 1 square metre free-standing sign located outside a café where the highest point of the sign is 1.2 metres above the ground. |
Installation of a 20 square metre sign not designed by a chartered professional engineer. |
| A 4 square metre billboard on a roadside where the highest point of the billboard is no more than 3 metres above the supporting ground level. |
Replacement of a 4 square metre sign attached to a commercial building located 6 metres above the supporting ground level. |
| Any sign designed by a chartered professional engineer of any size or height. |
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Important note: Where signs are proposed on heritage or character buildings or in urban areas, it is important to first check with your local council for their approval, as there may be restrictions in the council's district plan (made under the Resource Management Act 1991) on what signs you can construct without having to obtain a resource consent first.
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Height restriction gantries
Exemption (bb) of Schedule 1
A building consent is not required for the following building work:
Guidance
This exemption applies only to height restriction gantries (eg, a gantry that restricts vehicles over a certain height from passing into a car parking building or beneath an underpass). Gantries used for other purposes would require a building consent unless covered by another specific exemption.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| New height restriction gantry for a car parking building. |
A gantry used to support machinery or equipment. |
| Replacing an existing damaged wooden height restriction gantry with a new steel one. |
A gantry to protect a public place (eg, a gantry over a footpath adjacent to a building site). |
| Installation of a new height restriction gantry for a drive-through at a fast food restaurant. |
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| Repair of a height restriction gantry at a car parking building following impact damage from a vehicle. |
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Retaining walls
Retaining walls up to 1.5 metres
Exemption (c) of Schedule 1
A building consent is not required for the following building work:
- (c) the 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).
Guidance
The purpose of this exemption is to allow a retaining wall (any wall constructed to retain or support the surrounding ground) as long as it does not retain more than 1.5 metres of ground.
This exemption does not apply to retaining walls that are subject to any additional load or surcharge, such as (but not limited to):
- vehicle driveways
- parking spaces
- buildings
- steep sloping ground above the top of the retaining wall.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| The construction of a timber retaining wall that is less than 1.5 metres high in a garden and no surcharge affects the retaining wall. |
An owner wishes to form a level platform for a garden below a neighbour's driveway. To do this, the owner intends to construct a 1.2 metre high retaining wall. As the proposed retaining wall is subject to a surcharge from the neighbour's vehicle driveway above, it will require a building consent. |
| The owner of a motel decides to build a 1.2 metre high concrete crib-wall in the garden at the back of the motel. The retaining wall is not affected by any surcharge. |
A retaining wall ranges in height from 900 mm to 1.8 metres. The part of the retaining wall that exceeds the maximum allowable height of 1.5 metres will require a building consent. |
| The construction of a 1 metre high concrete block retaining wall to provide an enclosure for a car park outside a dwelling. The retaining wall does not support any surcharge (eg, where the surface of the car park is below the retaining wall). |
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Important note: Having steep sloping ground above the top of the retaining wall may not always mean a building consent is required. To determine the impact of the sloping ground and its pressure on the stability of the proposed retaining wall, you may wish to seek professional advice such as from a chartered professional engineer first. A safety barrier may be required under Building Code Clause F4 Safety from Falling where there is a fall of 1 metre or more. Factors to consider include: how accessible the retaining wall is the purpose/use of the retaining wall whether the top of the wall is frequented by young children, etc.
Retaining walls in a rural zone
Exemption (db) of Schedule 1
A building consent is not required for the following building work:
- (db) The construction, installation, replacement, or alteration of a retaining wall in a rural zone, if-
- (i) the wall retains no more than 3 metres depth of ground; and
- (ii) the distance between the wall and any legal boundary or existing building is at least the height of the wall; and
- (iii) the wall has been designed by a chartered professional engineer.
Guidance
This extends what you can do under exemption (c) by exempting retaining walls up to 3 m high in a rural zone provided the wall is designed by a chartered professional engineer. This exemption recognises that in low density rural zones (eg, on farms) the consequences of a retaining wall failing should be less significant than a failure in higher density urban environments and the likelihood of endangering people considerably less. The additional requirement for a chartered professional engineer also helps ensure exempted walls are less likely to fail. 10
Note: A safety barrier may be required under Building Code Clause F4 Safety from Falling where there is a fall of 1 metre or more, location and frequency of people are issues to consider in making this assessment.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| The construction of a retaining wall on a rural property 2.5 metres high, 3 metres away from an existing dwelling and designed by a chartered professional engineer. |
The construction of a retaining wall on a rural property with a height of 3 metres, 1 metre away from an existing dwelling and designed by a chartered professional engineer. A building consent is required because the wall is closer to the dwelling than its own height. |
| A farmer decides to build a retaining wall on his rural property 3 metres high and located 3 metres further away from a legal boundary. The wall has been designed by a chartered professional engineer. |
The construction of a retaining wall on a rural property 3 metres high and 5 metres away from the property boundary, designed by an engineer, but not a chartered professional engineer. Though the retaining wall is not located closer to a legal boundary than its own height, a building consent is required as the wall is not designed by a chartered professional engineer. |
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Internal walls
Exemption (ca) of Schedule 1
A building consent is not required for the following building work:
- (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.
Guidance
This exemption allows owners of buildings to alter, remove or construct certain internal walls. To qualify, these internal walls cannot adversely affect:
- Structural stability. Many internal walls are non-load bearing. Therefore, altering or removing these walls will not reduce a building's compliance with structural stability. However, sometimes internal walls also contain bracing elements, and altering or removing them may adversely affect the structural stability of a building. Therefore, alteration or removal of internal walls without a building consent should only be undertaken to non-load bearing walls.
- Means of escape from fire. If building work on the internal wall detrimentally affects the means of escape for occupants from fire, then a building consent will be required. The reason for this limitation is that building new internal walls could make it more difficult for someone to escape from the building in the event of fire.
In addition, the construction, alteration and removal of internal masonry walls will still require a building consent. Masonry walls are walls that are made of units held together by mortar, for example brick, concrete block or stone. These walls can be very heavy and, if they are not adequately supported, the consequence of the wall collapsing would be greater than that of a timber-framed wall, particularly for young children.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An owner of a residential dwelling wishes to remove a small section of internal timber frame wall to accommodate a new kitchen installation. The owner is satisfied (through discussions with a licensed building practitioner) the section of wall is not load-bearing and is not a bracing element. This building work does not require a building consent. |
The owner of a building wants to cut a new opening in an existing wall to create an open-plan lobby and reception area. The owner seeks guidance from their local building consent authority (council) and a registered architect. Historic plans are reviewed and the owner discovers the wall is load-bearing. The proposed alteration will affect the structural stability of the wall. Means of escape may also be altered as a result of the proposed work. |
| An owner of a commercial property wishes to install a wall to provide privacy to an open area. The owner obtains advice from a technical expert (eg, fire engineer) that the wall does not affect the means of escape from fire, and therefore will not require a building consent. |
An owner of a building wishes to install a door in an internal wall that is not load-bearing. However, the wall is made out of reinforced concrete block, so a building consent is required. |
| The owner of a dwelling wishes to erect a non-load bearing partition wall between the kitchen and a dining room. |
The owner of a residential dwelling wishes to remove part of an internal wall between hallway and kitchen. He seeks advice from a licensed building practitioner (eg, with a carpentry or site licence) who, after a quick visit to the house, informs him that the wall is load-bearing. This work will require a building consent as it will reduce the building's structural stability. |
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Walls, fences and hoardings
Exemption (d) of Schedule 111
A building consent is not required for the following building work:
- (d) the construction or alteration of any wall (except a retaining wall or an 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.
Exemption (daa) of Schedule 1
A building consent is not required for the following building work:
- (daa) the construction or alteration of any wall (except a retaining wall or an 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 2.5 metres above the supporting ground.
Exterior walls, fences and hoardings up to 2.5 metres high are exempt from the requirement to obtain a building consent. The 2.5 metre height limit should be measured as the vertical distance between the top of the fence and the supporting ground directly below.
This is designed to allow, for example, a hoarding around a building site to be constructed using standard 2.4 x 1.2 metre ply sheeting with a 100 mm space underneath. Unlike exemption (a) there are no restrictions with regard to materials or position, provided that the requirements of the Building Code are always met.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| The construction of a 2.0 metre high concrete block wall along a boundary to create a private back yard. |
A building owner proposes to erect a 3.5 metre high wire mesh fence around their tennis court, well clear of any boundaries. |
| A 2.0 metre high timber paling fence in a back yard to act as a windbreak for a barbeque area. |
A new timber fence with an overall height of 3 metres along the rear boundary. |
| The installation of a 2.4 metre high hoarding around a construction site to ensure public safety. |
The owner of a residential dwelling intends to extend a 2.8 metre high concrete block wall alongside a neighbouring boundary. |
| A concert organiser puts up 1.8 metre high mesh fencing to prevent concert goers from getting onto the stage. |
A building owner proposes to erect a new 1.2 metre high fence around their swimming pool. |
Important note: The requirements of the Fencing Act 1978 still need to be complied with for boundary fences and, in many cases council specific, district plans made under the Resource Management Act 1991 may require you to obtain a resource consent for fences over a certain height (usually over 2 metres).
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Dams
Exemption (da) of Schedule 1
A building consent is not required for the following building work:
- (da) the construction or alteration of any dam that is not a large dam.
Guidance
This exemption allows dams that are not large dams (as defined in the Building Act and illustrated below) to be constructed without the need to obtain a building consent, although they still need to comply with the Building Code.
A large dam is any artificial barrier that holds back liquid and retains a depth of over 3 metres and a volume greater than 20,000 cubic metres. This is about the capacity of eight Olympic-sized swimming pools, or a rugby field with water 3 metres deep (ie, up to the crossbars of the goalposts).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A farmer constructs a water reservoir to provide irrigation to crops. The dam retains a depth of 2.4 metres over an area of 10,000 square metres (approximately 24,000 cubic metres of water). This is exempt work as the retained height is less than 3 metres. |
A dam is proposed on a river. The dam will retain water of 10 metres in depth and would flood a large area (over 20,000 cubic metres). |
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Tanks and pools
Exemption (e) of Schedule 1
A building consent is not required for the following building work:
- (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
- (ia) not exceeding 16 000 litres capacity and supported not more than 0.25 metres above the supporting ground; or
- (ib) not exceeding 8 000 litres capacity and supported not more than 0.5 metres above the supporting ground ; or
- (ic) not exceeding 4 000 litres capacity and supported not more than 1 metre above the supporting ground; or
- (ii) not exceeding 2 000 litres capacity and supported not more than 2 metres above the supporting ground; or
- (iia) not exceeding 1 000 litres capacity and supported not more than 3 metre above the supporting ground; or
- (iii) not exceeding 500 litres capacity and supported not more than 4 metres above the supporting ground.
Guidance
A building consent is not required for the construction or alteration of any tank or pool or its structural support, as long as requirements are met relating to capacity and height above the ground. This exemption does not include a swimming or spa pool as defined in the Fencing of Swimming Pools Act 1987.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A rural property owner wishes to install a 20,000 litre pre-cast concrete tank to collect and store rain water from the house roof. It is proposed to place the tank directly on the ground in a corner of the front garden. |
A rural homeowner wants to install a 1000 litre water storage tank. To improve the water pressure, the owner intends to mount the tank on a steel tank stand designed by a chartered professional engineer. The tank will be supported more than 3 metres above the ground, so a building consent is required. |
| A rural homeowner wants to install a 2000 litre water storage tank supported 2 metres above the supporting ground. |
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| The owner of a residential dwelling intends to install a fish pond in his garden with a capacity of 1000 litres of water supported directly by the ground. |
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Tents and marquees
Public tents and marquees
Exemption (f) of Schedule 112
A building consent is not required for the following building work:
- (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 not more that one month.
Exemption (fb) of Schedule 1
A building consent is not required for the following building work:
- (fb) the construction, alteration, or removal of any tent or marquee that has a floor area not exceeding 100 square metres if that tent or marquee is to be, or has been, used for public assembly for a period of not more that 1 month.
Guidance
Exemption (fb) allows for the construction, alteration or removal of a tent or marquee that is being used for public assembly, such as at school galas, but only if the tent or marquee floor area does not exceed 100 square metres and is not in place for more than a month.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A tent with a floor area of 100 square metres is erected at a public sports event. The tent is dismantled after three days. |
A marquee with a floor area of 125 square metres is erected for a public function. Although the public function is only for one night, the marquee is over the 100 square metre size limit and will consequently require a building consent. |
| The owner of a restaurant puts up a marquee with a floor area of 80 square metres outside his restaurant to cater for extra patrons during a sports event. The marquee is dismantled the next day. |
A vineyard erects a marquee with a floor area of 75 square metres for public wine tasting. The vineyard proposes to keep the marquee up for the entire summer (3 months), so a building consent is required. |
| A large number of tents and marquees are erected on a sports ground for a 3-day long public wine and food festival. All of the tents and marquees have a floor area less than 100 square metres. |
A circus company intends to erect a tent with a floor area of 300 square metres for its show. The tent exceeds the maximum allowable floor area of 100 square metres and will require a building consent. |
| A tent is erected for the display of farm animals at a field show over the weekend. The tent has a floor area of 90 square metres. |
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Private tents and marquees
Exemption (fa) of Schedule 1
A building consent is not required for the following building work:
- (fa) the construction, alteration or removal of 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 that 1 month.
Guidance
This exemption allows the construction, alteration or removal of a tent or marquee that is for private use, such as a wedding reception, as long as the tent or marquee does not exceed 100 square metres and is not in place for more than a month.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A vineyard has a purpose-built venue that can be hired to cater for private wedding receptions. This venue includes a marquee with a floor area of 98 square metres which is erected and dismantled for each function. The venue is closed to the public during the wedding reception and caters only for those people invited to the reception. |
Two 75 square metre marquees are erected and then joined together by an enclosed awning. This causes the size of the joined marquees to go beyond the 100 square metre limit, so a building consent is required. |
| A property owner erects a tent with a floor area of 90 square metres for a private birthday function in his back yard. It will only be there for the Easter weekend (four days). |
A café owner proposes to erect a permanent 90 square metre marquee for patrons to use. As the café is always open to the public, this is not private use. It is also intended to remain for longer than one month, so a building consent is required. |
| A tent with a floor area of 50 square metres is erected in a private yard to store catering supplies and equipment and to house the bar service area during a private function. The tent is dismantled the following day. |
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Platforms (Decks)
Exemption (g) of Schedule 113
A building consent is not required for the following building work:
- (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 1 metre even if it collapses.
Exemption (ga) of Schedule 1
A building consent is not required for the following building work:
- (ga) the construction or alteration of any platform, bridge, or the like from which it is not possible for a person to fall more than 1.5 metres even if it collapses.13
Guidance
A building consent is not required for decks, balconies, platforms and bridges, and similar structures where it is not possible to fall more than 1.5 metres.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A low-level deck is constructed to create a level entry to a dwelling. The deck has a maximum height of 50 centimetres above ground level. |
A proposed platform is to be constructed in conjunction with other landscaping work. The landscaping work will result in a reduced ground level at the rear exit of the building. The proposed platform will have a finished height above ground of 1.7 metres and so will require a building consent. |
| A building owner constructs a 50 square metre deck that is attached to two sides of a building. Even if it were to collapse, the fall would be no greater than 1.5 metres. |
The owner of a multi-storey apartment complex intends to provide outdoor decks to the apartments on the upper levels. This work will require a building consent as it is possible for a person to fall more than 1.5 metres. |
| The owner of a resort intends to build a boardwalk across some rough ground for resort guests to gain easy access to an ornamental garden and play area (also part of the resort). The highest point of the boardwalk is 1.5 metres above the ground. To prevent guests from falling off the boardwalk, a safety barrier is installed along both sides of the boardwalk. |
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Important note: A safety barrier is required under Building Code Clause F4 Safety from Falling where there is a fall of 1 metre or more.
Particular emphasis should also be placed on the weathertightness detailing of such structures. All mechanical connections that penetrate the building envelope and provide support to platforms/decks (eg, nuts, bolts, coach screws etc) must provide adequate resistance against moisture getting into the building.
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Plinths
Exemption (gb) of Schedule 1
A building consent is not required for the following building work:
- (gb) the construction, installation, replacement, or alteration of any plinth or similar foundation that is or has been-
- (i) used for supporting mechanical plant, a tank, equipment, machinery, or any similar item; and
- (ii) designed by a chartered professional engineer:
Guidance
This exemption recognises that plinths usually involve specific engineering design because of the need to support heavy loads (eg, tanks, mechanical items like printing presses and metal working machines, and other large statues). Where a plinth has been designed by a chartered professional engineer, requiring a building consent would add compliance costs (usually disproportionate to the construction costs) but limited added value in terms of benefit.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| The construction of a plinth designed by a chartered professional engineer for a tank. |
The construction of a reinforced concrete base (not designed by a chartered professional engineer) for a new frost fan in a vineyard. |
| A concrete base built to support heavy machinery in a plant room. The base has been designed by a chartered professional engineer. |
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Stalls
Exemption (gc) of Schedule 1
A building consent is not required for the following building work:
- (gc) the construction, installation, replacement, alteration, or removal of a stall, booth, compartment, or similar structure that -
- (i) does not exceed 100 square metres in floor area; and
- (ii) is, or has been, for use at a fair, exhibition, or market for not more than 1 month:
Guidance
This exemption recognises the simple construction and temporary nature of stalls used at fairs, exhibitions (eg, trade shows) and market events. Restrictions on maximum floor area were imposed to avoid potential public safety problems.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Installation of a 75 square metre stall at a trade show for a period of one week. |
Construction of an 80 square metre booth at a fun fair where the booth will be used for more than one month. |
| Installation of a 50 square metre stall at a food market for one day. |
Installation of a 50 square metre stall at an exposition for a period of 3 months. |
| The owner of a market stall increases its size from 50 square metres to 70 square metres. |
Construction of a 125 square metre stall at a wine and food festival. |
| The operator of a fun fair erects a number of booths for a period of 4 weeks. The booths are not physically connected to each other and none of the booths have a floor area greater than 100 square metres. |
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| Following a recent increase in car park users at an exhibition centre, an additional ticket booth is installed in the car park for a period of one week until a more permanent solution can be found. The floor area of the booth is 6 square metres. |
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Temporary storage
Exemption (h) of Schedule 1
A building consent is not required for the following building work:
- (h) the construction or alteration of any temporary storage stack of goods or materials.
Guidance
This exemption allows the construction of any temporary storage stack of goods or materials. Temporary means lasting for only a limited period (eg, during the construction period of a building project, or the storage and stacking of goods while re-locating).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A construction firm is moving location to partly completed new premises. It erects a temporary timber storage stack on its new site. When complete, the new premises will contain a new timber storage area and the temporary storage stack will be removed. |
A joinery factory constructs a 4 metre high racking system to store materials for use in the manufacture of aluminium windows. The intention is that the racking system is to be used indefinitely. This work would not be considered temporary, so will require a building consent. |
| The construction of a stack of metal roofing materials on a timber base to keep the material up off the ground prior to use in the construction of a new building. |
An owner of a supermarket wishes to extend the racking systems they use to store food. This would require a consent as this would be a permanent storage of goods and would not be considered temporary. |
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Detached buildings
Exemption (i) of Schedule 1
A building consent is not required for the following building work:
- (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.
Guidance
This exemption covers specific types of buildings that would not normally pose a risk to people, or that are used only by people engaged in the construction or maintenance of another consented building (eg, construction site offices). It also covers the construction of small buildings such as garden sheds, cabins or sleep-outs. Where sleeping accommodation is provided, the facilities of the existing dwelling must be readily available and used for sanitation. In addition, where sleeping accommodation is provided, no cooking facilities are allowed (ie, to help limit the risk of fire).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An industrial complex installs a large, new compressor, which needs to be protected from the weather. A 3 metre high building structure with a 15 square metre floor area is constructed, 7 metres from the closest boundary, to house the compressor. The compressor only requires maintenance checks once a month. |
A rural land owner decides to erect a 10 square metre sleep-out on a property that does not have a residential dwelling on it. This sleep-out would require a building consent. |
| A purpose-built, relocatable, two-storey construction site office with a 36 square metre floor area is placed on a commercial building site. It is located 8 metres from the nearest boundary and will be used only by people engaged in the construction of the building over a two-year period. |
A building owner erects a kit-set garden shed that is 2 metres high. It is located 1 metre from the boundary. This garden shed would require a building consent as it is closer than its own height to the boundary. |
| A 9 square metre sleep-out is constructed in the backyard of a residential dwelling. It is more than its own height away from all boundaries and the associated residential dwelling, and does not contain cooking or sanitary facilities, or a potable water supply. |
An industrial site owner proposes to construct a 10 square metre storage building. The building will contain chemicals that require the building to be licensed under the Hazardous Substances and New Organisms Act 1996, so a building consent is required. |
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A farmer wants to erect a 40 square metre farm shed to store hay. |
Important note: Smoke alarms must be installed in all sleeping areas.
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Verandas, patios, porches and awnings
Closing in verandas or patios
Exemption (j) of Schedule 1
A building consent is not required for the following building work:
- (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.
Guidance
This exemption allows the closing in of an existing veranda, patio or similar structure in order to convert an area into enclosed spaces (for example, a conservatory).
The size of such enclosed spaces must not exceed 5 square metres.
Please note that this exemption does not relieve the owner of any other requirements under the Resource Management Act 1991 such as any local district plan rules and provisions.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An existing patio measures 4.5 square metres in area and the building owner wishes to enclose (with glazed windows) the patio for greater protection against the weather. |
A building owner wants to change an existing veranda into an enclosed conservatory. The veranda floor area is 15 square metres in total. As the owner wishes to enclose an area greater than 5 square metres, a building consent is required. |
| A pole foundation house has an entry consisting of stairs and a landing. The stairs and landing are 1 metre wide and 4 metres long. The owner wishes to enclose the stairs and landing to provide protection against the weather. |
An existing veranda is to be enclosed and converted into a spare bedroom. This work requires a consent as the proposed use of a bedroom cannot be considered similar to a porch or conservatory. |
| The owner of a residential villa wishes to partly enclose an existing veranda on the ground floor to create a conservatory. The completed conservatory will have a floor area of 5 square metres. |
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Awnings
Exemption (ja) of Schedule 114
A building consent is not required for the following building work:
- (ja) the construction, alteration, or removal of any fabric, glass, or metal awning on any building that-
- (i) is on the ground or first storey level; and
- (ii) does not exceed 15 square metres in size.
Exemption (jab) of Schedule 1
A building consent is not required for the following building work:
- (jab) the construction, alteration, or removal of any fabric, glass, or metal awning on any building if the awning-
- (i) is on the ground or first storey level; and
- (ii) does not exceed 20 square metres in size.
Guidance
This exemption relates to awnings that are currently attached or are to be attached to a building's external envelope or exterior surfaces. Awnings may be constructed, altered or removed. Particular emphasis should be placed on the weathertightness detailing of such structures. All mechanical connections that penetrate the building envelope and provide support to awnings (eg, nuts, bolts, coach screws) must provide adequate resistance against moisture penetrating the building.
The size of exempted awnings has been limited because larger awnings are more likely to cause damage to the buildings they are attached to or to adjacent property if they fail due to high winds. Such failure is also more likely to cause injury to people. Awnings larger than 20 square metres require a building consent.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An awning is to be attached above a deck at first storey level of a dwelling. The proposed awning has a total area of 20 square metres and meets all Building Code requirements. |
A glass awning is to be fitted to an apartment on the sixth storey of the building. Though the awning only has a total area of 18 square metres, it is not exempt because it is above the first storey level. |
| The removal of an existing 12 square metre awning providing shade at the entry to an office building (situated at the top of a ramp at the first storey level). |
The owner of a dwelling intends to install a fabric awning above an existing deck on the ground floor. The size of the awning is 30 square metres. |
| The owner of a retail shop installs an awning above the shop entrance on the ground floor. The awning has a size of 8 square metres. |
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Verandas and porches
Exemption (jc) of Schedule 115
A building consent is not required for the following building work:
- (jc) the construction, alteration, or removal of a porch or veranda on any building where that porch or veranda-
- (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.
Exemption (jd) of Schedule 1
A building consent is not required for the following building work:
- (jd) the construction, alteration, or removal of a porch or verandah on any building, if the 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 20 square metres in size.
Guidance
Porches are roofed structures, often with sides but open at the front, and project from the face of a building. They are often used to protect an entrance to a building and provide shelter. A veranda is typically a long porch and can extend along the full length or more than one side of a building. Porches and verandas are usually made from permanent materials and extend over raised decks or patios.
This exemption only covers porches and verandas up to 20 square metres in size that are located on ground or first storey levels.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A building owner wishes to remove an existing porch from the entry to a dwelling. The porch is 20 square metres in size. |
An existing veranda measures 10 square metres and the owner wishes to increase its size to 25 square metres. The existing structure may remain, but as the additional work increases the size beyond 20 square metres, a building consent is required. |
| A first floor apartment owner wishes to increase the area of her existing veranda over a deck from 10 to 20 square metres. |
The owners of a fourth storey flat wish to build a veranda. This requires a building consent, as it is above the first storey of the building. |
| The owner of an old villa intends to increase an existing veranda from 15 square metres to 20 square metres. |
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Pergolas
Exemption (jb) of Schedule 1
A building consent is not required for the following building work:
- (jb) the construction, alteration, or removal of a pergola.
Guidance
Pergolas are simple, low risk, framed unroofed structures and are often used as garden features. For the purposes of this exemption, pergolas may be either attached to a building or free-standing and there is no size limit. They must however not be roofed.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| An owner purchases a kit-set for a 26 square metre pergola, 2.4 metres in height. |
An owner wishes to alter a 28 square metre pergola attached to her house by fitting clear, poly carbonate roofing material to the structure. As a result, the pergola has become a veranda and, as it is greater than 20 square metres, it will require a building consent. |
| A vineyard constructs a 100 square metre, 5 metre high pergola, designed by a chartered professional engineer, for wedding receptions. |
A garden centre wants to erect several pergolas that are covered in plastic sheeting to provide shelter for their customers in the outside courtyard. The addition of the plastic covering to form a closed roof means that the structures are no longer pergolas for the purpose of this exemption and a building consent is required. |
| A 10 square metre pergola is attached to a residential dwelling above a deck outside a set of French doors off the living room. |
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| A 3 metre wide decorative pergola is installed above the full length of a 250 metre long pathway in a public park. |
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Shade sails
Exemption (je) of Schedule 1
A building consent is not required for the following building work:
- (je) the construction, installation, replacement, alteration, or removal of any shade sail made of fabric or other similar lightweight material, and any associated structural support, if the shade sail-
- (i) does not exceed 50 square metres in size; and
- (ii) is not closer than 1 metre to any legal boundary; and
- (iii) is on the ground level, or, if on a building, on the ground or first-storey level of the building.
Guidance
Shade sails, usually fabric, can be attached to the exterior of a building or be free-standing with their own support structures (eg, to cover a deck, patio or children's play equipment as protection from sun or as a wind buffer).
This exemption recognises the relatively simple, low-risk nature of such structures. While there may be significant wind loadings (and this should be carefully considered during the design and assembly phase), apart from erecting and making connections to structural supports, there is very little building work involved in the construction or installation of shade sails. The compliance costs associated with consenting such structures can often be disproportionate to overall construction costs, and given the simplicity of most of these structures adds limited value to the building process and safety objective.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A shade sail is to be installed above a deck at first storey level of a dwelling in the middle of a large rural property. The proposed shade sail has a total area of 20 square metres, and meets all Building Code requirements. |
A shade sail with an area of 30 square metres is to be installed above a balcony on the fifth floor of an apartment block. |
| A shade sail is to be erected above a sandpit at a childcare centre. The proposed shade sail has a total area of 42 square metres, and is two metres away from the nearest boundary. |
A shade sail is to be erected above a play area at a kindergarten. The proposed shade sail has a total area of 50 square metres, but is located on the boundary. |
| A number of shade sails, 12 square metres in size, are to be erected in a public park. |
A shade sail with an area of 60 square metres is to be installed above an open courtyard at a shopping complex to provide shelter for customers. |
| The owner of a café decides to install several shade sails 9 square metres in size in an outdoor courtyard to provide protection from the sun for the customers. |
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| An old shade sail 20 square metres in size above a patio on the ground level is replaced with a shade sail 30 square metres in size. |
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Important note: Where shade sails are attached to the exterior of a building, particular emphasis should be placed on weathertightness detailing. All mechanical connections which penetrate the building envelope and provide support to shade sails (eg, nuts, bolts, coach screws) must provide adequate resistance against moisture getting into the building.
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Carports
Exemption (jf) of Schedule 1
A building consent is not required for the following building work:
- (jf) the construction, installation, replacement, alteration, or removal of a carport that does not exceed 20 square metres in size and is on the ground level.
Guidance
This exemption provides for a simple roofed structure that will be used for motor vehicle storage. To be regarded as a carport, as opposed to a garage, at least one side must remain open to the outdoors at all times.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Construction of a new, lean-to carport attached to an existing dwelling on the ground level, with a floor area of 20 square metres, and three open sides. |
Construction of a new (double) carport with a floor area of 35 square metres. |
| Construction of a 15 square metre free-standing carport which has no walls on the ground level. |
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| The owner of an old wooden carport 15 square metres in size wants to replace it with a new 20 square metre galvanised steel carport. |
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Important note: Always consider spread of fire Building Code requirements and protection of other property when building close to boundaries.
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Installing thermal insulation in an existing building
Exemption (jg) of Schedule 1
A building consent is not required for the following building work:
- (jg) the installation of thermal insulation in an existing building other than in-
- (i) an external wall of the building; or
- (ii) an internal wall of the building that is a fire separation wall (also known as a firewall).
Guidance
This exemption does not cover installation of thermal insulation in an external wall of a building, this may have weathertightness implications. Installing insulation in internal walls that provide fire separation is also not covered, as the installation could adversely affect the fire safety properties of the building.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A house is being retrofitted with polystyrene insulation under the floor and fibreglass insulation to the ceiling. |
The external walls of a house are to be injected with expanding insulating foam. |
| An existing apartment building is being retrofitted with fibreglass insulation to the internal, non-fire-rated walls for additional noise control. |
A fire-rated tenancy wall to an apartment is to be retrofitted with thermal insulation. |
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Penetrations with a maximum diameter of 30 centimetres guidance
Exemption (jh) of Schedule 1
A building consent is not required for the following building work:
- (jh) the making of a penetration no greater than 30 centimetres in diameter to enable the passage of pipes, cables, ducts, wires, hoses, and the like through any existing building and any associated building work, such as weatherproofing, fireproofing, or sealing the penetration.
This exemption is to enable penetrations of a limited size (maximum diameter of 300 mm) to be made through both internal and external building components without a building consent. Such penetrations are typically necessary for the installation of items such as heatpumps, home ventilation systems, extractor fans and a wide range of other building services where wiring, pipes, cables and the like must pass through a building.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Installation of a heat pump where the diameter of penetrations for wiring and pipework associated with the installation is approximately 100 mm. |
An extractor fan in a commercial kitchen is vented through the external wall via a duct and the opening in the wall is over 300 mm in diameter. |
| Installation of an extractor fan above a cooking stove, which is vented through the roof with a 200 mm diameter flue. |
Installation of an extract fan above a cooking stove in a commercial kitchen, which is vented through the roof with a 400 mm diameter flue. |
| An extractor fan in a bathroom is vented through the external wall via a duct and the opening in the wall is less than 300 mm in diameter. |
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| Installing a CCTV surveillance system requiring several 50 mm penetrations through an external wall of a dwelling. |
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| Fitting a security alarm box and associated cabling to a building's external envelope requiring a 20 mm hole to be drilled and sealed. |
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| Cutting and sealing a hole in a metal long-run roof to fit a plumbing vent pipe 60 mm in size. |
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Important note: Because this exemption allows penetrations through fire-rated walls it is very important to seek professional advice and ensure the person carrying out the work is competent to do so, (ie, they understand the fire-rating requirements).
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Playground equipment
Exemption (ji) of Schedule 1
A building consent is not required for the following building work:
- (ji) the construction, installation, replacement, or alteration of playground equipment, if-
- (i) the work is for a government department, Crown entity, licensed early childhood centre, or territorial or regional authority, and the playground equipment has been designed by a chartered professional engineer; or
- (ii) the playground equipment is for use by a single household and no part of the equipment exceeds 3 metres in height above the supporting ground level.
Guidance
This exemption recognises that the building consent process would add disproportionately high compliance costs and limited value:
- where playground equipment designed by a chartered professional engineer is under the control of certain public or licensed organisations that already have strong incentives to operate systems to ensure public safety concerns are well managed, and
- if applied to private playground equipment that is routinely installed throughout New Zealand, including both proprietary designs (many of which may be covered by other safety standards) and DIY structures such as small playhouses or tree huts - particularly where the risk of a fall from a great height (ie, more than 3 metres) does not exist.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| New playground equipment, designed by a chartered professional engineer, in an existing or new, licensed childcare centre. |
New playground equipment at an existing childcare centre designed by an architectural designer or architect and not by a chartered professional engineer. |
| Owners of a residential dwelling intend to install a playhouse and slide in their garden for their four year old child. The highest part of the equipment is less than 3 metres above the supporting ground. |
Owners of a residential dwelling intend to install a swing and slide in their garden for their children. The top of the swing set and the platform giving access to the slide (which is also fitted with 1 metre high safety barriers) is 3.5 metres above the supporting ground and therefore requires a consent. |
| A primary school installs new playground equipment designed by a chartered professional engineer. |
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Important note: The Department considers design verification by a chartered professional engineer of Building Code compliance in the form of a peer review constitutes design for the purposes of this exemption.
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Territorial authority discretionary exemptions guidance
Exemption (k) of Schedule 1
A building consent is not required for the following building work:
- (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.
This exemption allows 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. The decision to allow any exemption under this part of Schedule 1 is totally at the council's discretion, based on the council's own assessment of the risk of building work not being carried out in accordance with the Building Code or of endangering people or property.
Local councils should have formal policies, systems and procedures for receiving and processing such exemption requests, including for making decisions under exemption (k).
The Department suggests that matters that could be taken into account might include:
- any substantial prior demonstration of competence in undertaking similar work by the people who will carry out the work (eg, history of previous work in the authority's district and/or current registration as a licensed building practitioner (relevant license class), chartered professional engineer, registered architect, certifying plumber or drainlayer, etc)
- the complexity of the work relative to the competence of the people who will carry out the work (eg, work undertaken by a licensed building practitioner (with a relevant licence class) as opposed to an unlicensed builder)
- any independent quality assurance systems or other checks and balances that will be applied in the course of the work.
Note: Occupational licensing aims to help ensure people in the building industry who are undertaking building work are competent to do so and accountable for their work, so that homes and buildings are designed and built right the first time.
The Department also suggests that in determining the likelihood of endangerment, matters that should be taken into account could include:
- the location of the building work (eg, high density urban versus remote rural)
- the proximity of the building work to the property boundary and/or other buildings.
The Australian/New Zealand Standard, AS/NZS 1170: Structural Design Actions - Part 0: 2002 General Principles, provides some further criteria that may assist councils' when considering exemption proposals. The Standard provides for five different levels of building 'importance', with level 1 being the least important and level 2 being regarded as a 'normal' level of importance.
Examples of level 1 buildings in AS/NZS 1170 are:
- structures with a total floor area of less than 30 square metres
- farm buildings, isolated structures, towers in rural situations
- fences, masts and walls.
The Standard indicates that level 1 buildings present a 'much lower than normal risk to life and property' (ie, failure is not likely to endanger human life and there would only be small or moderate economic, social or environmental consequences). The Standard also notes that such buildings will usually be 'almost expendable', minor, isolated, non-habitable, and not required as part of normal utility infrastructure (eg, not having reticulated potable water and wastewater services).
The Department considers the description of level 1 buildings in the Standard appropriate in terms of what should be considered as qualifying for an exemption under paragraph (k) of Schedule 1 to the Building Act 2004. Councils may also find it helpful to develop clear parameters to illustrate what they consider should be regarded as small or moderate economic consequences. For example, in the event of a failure of a domestic building, assuming a median net annual household income from all sources of around $48,000:
- 'small economic consequences' might be less than $5000-$10,000 (ie, roughly 10-20 percent of the net annual income, and
- 'moderate economic consequences' might be up to $25,000 (ie, 50 percent of the net annual income).
In the case of a commercial enterprise (including farms), much greater amounts could probably be seen as 'small' and 'moderate'.
In all cases, the Department recommends that the decision, reason for the decision and the outcome of the decision be recorded by the local council and placed on the property file that relates to the building work.
Important note: Territorial authorities (city and district councils) are able to seek payment for the provision of advice and information on exempt building work.
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Demolition of a detached damaged building
Exemption (l) of Schedule 1
A building consent is not required for the following building work:
- (l) the demolition of all or part of a damaged building that is detached (stand-alone) and is no more than 3 storeys high.
Guidance
The Department suggests that when considering demolishing an existing building under this exemption, matters that the homeowner should take into account include:
- the termination of services such as water, sewer, and stormwater, capped and sealed inside the boundary (you will need to contact the relevant service authorities as follows to advise them of the extent of your work: electricity, gas, drainage, water, transport, telecommunications, cable television or any other services that may be affected)
- handling and disposal of hazardous building materials
- means to control silt or water run-off, excess noise and dust generated from demolition work
- means to secure the site (eg, temporary fence, hoardings) to restrict public access to the construction area. To avoid injury to members of the public.
Whilst one of the objectives behind this exemption was to accommodate the need to demolish damaged buildings or parts of buildings after a natural disaster (eg, earthquake or flood, the extent and/or cause of the damage is irrelevant when considering whether the proposed demolition work is exempt).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Following a flood, the owner decides to demolish the severely damaged two-storey, detached family home. |
Following an earthquake, a shop owner decides to demolish his shop, which is attached to another building that is not damaged. This work requires a building consent because it is not on a detached building. |
| The new owner of an old, wooden, single storey, detached holiday home plans to demolish it to make way for a new contemporary holiday home. |
To make way for a new apartment block, the owner of an old, dilapidated four-storey commercial building decides to demolish it. This work requires a building consent because it is over the three-storey limitation on this exemption. |
Important note: The homeowner should check council requirements for the repair and reinstatement of any damage to the road reserve.
Skilled and professional practitioners should be used for major demolition work.
No demolition work should be undertaken on heritage or character buildings without first checking with your local council for their approval, and other's approval.
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Repair or replacement of a damaged outbuilding
Exemption (m) of Schedule 1
A building consent is not required for the following building work:
- (m) the repair or replacement of all or part of a damaged outbuilding, if-
- (i) the repair or replacement is made within the same area that the outbuilding or the original outbuilding (as the case may require) occupied ; and
- (ii) in the case of any replacement, the replacement is made with a comparable outbuilding or part of an outbuilding.
Guidance
This exemption provides for outbuildings (as classified under Clause A1 of the Building Code) that are not intended for human habitation, and includes buildings such as a carport, garage, shed, public toilet, farm building, etc.
Whilst this exemption was inspired by the 2010 Canterbury earthquake, and the need it created to address damaged buildings, the extent and/or cause of the damage is irrelevant when considering whether the proposed repair or replacement is exempt.
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| A garage wall is severely damaged by a large vehicle backing into it. The owner decides to replace the garage wall in the same position using the same materials. |
The owner of a commercial garage decides to replace an old damaged wooden garage 50 square metres in size with a new 65 square metre galvanised steel garage. Doing so would require a building consent because its replacement is going to be large in footprint size. |
| A farmer decides to replace an old storm-damaged, corrugated iron clad storage shed with a new shed in the same position and of the same size and with a long-run steel roofing and timber weatherboard wall cladding. |
Following a severe storm, a farmer plans to replace a large damaged farm shed by relocating part of it to the other side of his property and adding a new extension to the shed. |
| The owner of an old concrete block garage which has part of its roof missing following an earthquake demolishes the garage and replaces it in the same position with a new, prefabricated timber frame garage with pre-finished steel exterior cladding. |
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Important note: Always check with your local council when replacing damaged outbuildings, to ensure doing so doesn't have any district planning implications. A resource consent might be required and it's important to obtain this, where required, prior to commencing any building work.
Always consider spread of fire Building Code requirements and protection of other property when building close to boundaries.
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Removal of sign, retaining wall, plinth or playground equipment
Exemption (n) of Schedule 1
A building consent is not required for the following building work:
- (n) the removal of any-
- (i) sign and any structural support of the sign ; or
- (ii) retaining wall; or
- (iii) plinth or similar foundation; or
- (iv) playground equipment.
Guidance
This exemption was introduced to provide for the removal of signs, retaining walls, plinths or playground equipment, as their removal is not included in their respective exemptions (ba), (c), (db), (gb), and (ji).
| Examples where this exemption could apply |
Examples where the work is not exempt and a building consent is required |
| Removal of a 75 square metre billboard/sign from the side of a multi-storey apartment building. |
Where the removal of a retaining wall would undermine the structural stability of other structures it supports (eg, a driveway or building), a building consent will be required. This is due to other significant issues the building consent authority has to consider such as the stability of the land or the structure the wall is supporting. |
| Removal of a retaining wall to make way for constructing a new garage. |
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| Following the purchase of a property, the new owner decides to remove a high tree house constructed by the previous owner. |
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Footnotes