Before you start a building project, contact your local Building Consent Authority (Council) to see if a building consent is required. Most projects do require a building consent but if the building work is exempt, you will save time and money. Of course, if it is exempt but you do want a building consent, this is your choice. Council inspections can provide certainty that the job has been done correctly and is compliant.
What Work is Exempt from requiring a building consent?
Schedule 1 of the Building Act 2004 lists the building projects that are exempt. Exempted work is generally work that will not impact on the structural integrity or safety components of the building. Refer to MBIE guidance for detailed examples of various projects. If unsure, contact your local Council for advice.
Even though no building is needed for these projects, their construction must comply with the Building Code to ensure they are safe for people to use. Requirements of the Building Code can be found on MBIE’s website building code compliance documents.
Please be aware there may be other laws you need to comply with as well. These include, but are not limited to:
- The Resource Management Act 1991
- The Plumbers, Gasfitters and Drainlayers Act 1976
- The Electricity Act 1992
- The Health Act 1956
- Local Government bylaws
To read these documents go to
- legislation page of this website or to www.legislation.govt.nz.
- For Local Government bylaws, go to your local Council’s website.
NOTE: It doesn’t matter how minor the project is, all building work, including exempt work, must be carried out in accordance with the Building Act, the Building Code, and the District Plan. Any exempt building work not completed in accordance with the New Zealand Building Code or the Resource Management Act may be subject to the enforcement provisions of either Act.
Illegal Work
If NON-EXEMPT building work has been done without a Building Consent, you may:
- an Infringement Notice and fine may be issued; or
- a Notice to Fix to make the work compliant with the Building Code or to remove the illegal work may be issued; or
- the builder may face disciplinary actions from their LBP board; or
- you may have trouble selling the property; or
- insurance payouts may be a problem.
