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Building consent requirements simplified

More kinds of common, minor, or low-risk building work now no longer need a building consent.

Many of the types of building work that do not require a building consent are set out in a list contained in Schedule 1 of the Building Act 2004. Most of these exemptions have been in place for many years - since 1992 when the former Building Act 1991 came into force.

In October 2008, Schedule 1 was expanded, with the introduction of around 12 new exemptions, which should help save building owners and builders time and money, and will allow building consent authorities (councils) to focus on building consent applications that are more complex and of higher risk.The table below summarises the building work that is exempt from the building consenting requirements - including both old and new exemptions. The new additions to Schedule 1 are highlighted in grey. Note: this table provides only a summary of the law, and there are exceptions to these general summaries. You should consult the Building Act for the full details and requirements.

Building work that does not require a building consent.

The Department of Building and Housing has also published a guidance document on exempt building work for building and design practitioners. This clearly sets out each exemption in Schedule 1 and outlines some examples of where they will and will not apply. The guidance document is available.

NOTE: Even if proposed building work does not require a building consent, all building work must comply with the Building Code (refer to section 17 of the Building Act).

Exemption in Schedule 1 Summary of the building work that does not require a building consent
Lawful repairs and maintenance using comparable materials - Clause (a) This exemption generally enables building owners to undertake lawful repairs and maintenance of their buildings, if the work uses comparable materials or involves replacements with comparable components. However, building consents will still be required in cases where the work involves: replacing a specified system (eg, a lift or fire sprinklers) replacing components contributing to the building's structural integrity or fire safety repairing components that have failed their durability requirements (a certain lifespan specified by the Building Code) fixing or replacing some storage water heaters, depending on their connections and the work being proposed.
Drainage systems - Clause (ab) This exemption allows for the unblocking and general maintenance of existing private drains through an access point, to be done by a licensed registered drainlayer.
Alterations to drains - Clause (ac) New exemption, introduced in October 2008 This exemption allows for the minor alteration of existing household drainage. It only relates to residential dwellings and will usually apply where there are alterations to existing bathrooms, kitchens, laundries and toilets. All work must be done by a licensed registered drainlayer. New connections to public drainage are excluded.
Alterations to sanitary plumbing - Clause (ad) New exemption, introduced in October 2008 This exemption allows a licensed registered craftsman plumber to carry out alterations to existing sanitary plumbing in bathrooms, kitchens, laundries and toilets.
Windows and doors in existing buildings - Clause (ae) New exemption, introduced in October 2008 This exemption allows windows (including skylights) or exterior doorways to be installed, removed or replaced, provided there have not been weathertightness problems and there is no reduction to structural stability. Additionally, repair/replacement of components that have failed their durability requirements will still require a building consent.
Improving access for people with disabilities - Clause (af) New exemption, introduced in October 2008 This exemption allows for certain alterations to entrances and internal doorways of residential dwellings to improve access for people with disabilities as long as the work does not reduce compliance with the structural stability provisions of the Building Code. Wet area accessible showers are not covered by this exemption.
Interior alterations - Clause (ag) New exemption, introduced in October 2008 This exemption allows non-residential buildings to be internally altered (eg, fitting out shops, offices, churches, or schools). However, the alteration cannot reduce compliance with Building Code provisions such as fire safety, sanitary facilities, structural stability or access for people with disabilities, and no specified systems can be modified without a building consent.
Network utility operator infrastructure - Clause (b) The exemption allows the construction and alteration of simple structures to be undertaken promptly (eg, a motorway sign, stopbank, culvert or any other simple structure that is owned or controlled by a network utility operator).
Retaining walls - Clause (c) This exemption covers retaining walls supporting a depth of not more than 1.5 m off the ground, with no additional load above.
Internal walls - Clause (ca) New exemption, introduced in October 2008 This exemption allows the construction, alteration or removal of an internal wall (including an internal doorway) in an existing building, as long as the building's structural stability or the means of escape from fire are not detrimentally affected, and the wall is not a masonry wall.
Fences and hoardings - Clause (d) This exemption applies to walls, fences and hoardings in an exterior situation only and which are limited to 2 m in height. Swimming or spa pool fences are not covered by this exemption.
Dams - Clause (da) This exemption allows small dams (ie, dams retaining less than 3 m depth and 20,000 cubic metres' volume) to be constructed or altered.
Tanks and pools - Clause (e) Tanks and pools may be built at ground level if they do not exceed 35,000 litres' capacity. Smaller tanks and pools (not exceeding 2,000 litres) may be built up to 2 m off the ground and even smaller tanks and pools (not exceeding 500 litres) may be built up to 4 m off the ground without a building consent. Swimming and spa pools are excluded.
Public and private tents and marquees - Clauses (f) and (fa) New exemptions, introduced in October 2008 These exemptions allow the construction, alteration or removal of a tent or marquee as long as they are: smaller than 50 square metres (for public use); or smaller than 100 square metres (for private use). The tent or marquee must be used for one month or less.
Platforms (decks) - Clause (g) A building consent is not required for decks, balconies, platforms, bridges (and the like) where it is not possible to fall more than 1 m.
Temporary storage - Clause (h) This exemption provides for the construction or alteration of any temporary storage stack of goods or materials.
Detached buildings - Clause (i) New exemption, introduced in October 2008 Previously, Schedule 1 allowed small detached buildings to be erected without a building consent (eg, garden sheds). This exemption is maintained and has now been extended to include small sleeping areas such as cabins or sleep-outs, near an existing home, as long as long as the cabin is smaller than 10 square metres and does not have cooking or sanitary facilities, or facilities for storing drinkable water. Note: any building with sleeping accommodation must be used in connection with a dwelling on the property.
Closing in verandas or patios - Clause (j) This exemption allows building work to enclose existing verandas and patios, as long as the floor area does not exceed 5 square metres.
Awnings - Clause (ja) New exemption, introduced in October 2008 This exemption allows awnings extending from the ground floor or first floor and smaller than 15 square metres to be constructed, altered or removed.
Pergolas - Clause (jb) New exemption, introduced in October 2008 This exemption allows pergolas to be constructed, altered or removed without a building consent.
Verandas and porches - Clause (jc) New exemption, introduced in October 2008 Verandas and porches on the ground or first floor which extend over a deck or patio and are smaller than 15 square metres may be constructed, altered, or removed.
Council discretionary exemptions Clause (k) A council may exempt any other type of building work if the work is likely to be performed in accordance with the Building Code or, failing that, if it is unlikely to endanger people or any building.

You can get more information and guidance from your local building consent authority (city or district council).