Apply for a building consent exemption

The Building Amendment Act 2013 introduced several changes, including a revised Schedule 1, which details building work that does not require building consent. 

If your proposed building work is not covered by Schedule 1 then a Building Consent will be required, however, there is also provision for Council to exempt building work not listed in Schedule 1.

Building consent exemptions for low-risk Work and Schedule 1  (building.govt.nz)

Building owners are responsible for:

• determining whether proposed building work is exempt from requiring a building consent
• ensuring exempt building work complies with the Building Code
• ensuring the work does not breach any other Act.

Although work may be exempt, section 17 of the Building Act 2004 states that, all building work must comply with the Building Code whether or not a building consent is required.

To ensure that building work complies with the Building Code owners should seek professional advice from a suitably qualified person (i.e. builder or architect).

Section 42A(2)(c)of the Act also requires that the building work does not breach any other legislation.

If building work breaches any other legislation, then the work cannot be considered as exempt from obtaining a building consent. However, if approval under the other legislation is obtained, the work reverts to being exempt.

Example: Schedule 1 Building work breaches the District Plan so resource consent is required; applicant obtains resource consent, work is now exempt under Schedule 1 and can proceed.

Council strongly recommends that all building owners check with a Planning Officer before undertaking any building work to ensure that resource consent is not required particularly if the work proposed is under Schedule 1 of the Building Act.

Resource consents maybe necessary for a number of different reasons including but not limited to:

• zoning
• site coverage
• height in relation to boundary.

Building Act 2004 (legislation.govt.nz)

What if I build something or conduct work that is within the scope of Schedule 1?

This work is exempt from the requirement of Building Consent. You do not have to obtain a building consent for this work.

You may wish to keep the details of the construction for future sales information to satisfy any questions purchasers may have.

What if I am not sure if the building work is exempt?

Check with a building professional or Council and seek advice.

The Building Act 2004 is clear that it is the owner's responsibility to ensure that they obtain building consent when one is required.

Conducting building work without consent when one is required is an offence under the Building Act 2004 and can lead to prosecution.

What if I want to build something that is outside the scope of Schedule 1 but I consider this to be of low risk and believe that an exemption could be applied?

Firstly - seek some professional advice from a designer or architect or similar. These professionals should be able to help in a couple of ways:

• advise as to whether it would be better to seek a building consent - or other consents, and
• assist with drawings, designs, information that will assist your application for exemption.

With this advice, you can then apply for your work to be considered for an exemption.

Apply for a Building Consent Exemption

Note:  this application will need to be applied for BEFORE any construction work is started. These applications are considered by Council on a case by case basis. These types of exemption cannot be issued retrospectively, therefore, if the structure is already built, and is outside the scope of Schedule 1, you could be applying for Certificate of Acceptance and we could start enforcement action.

Apply for a Certificate of Acceptance

What information should I supply?

Council has no specific requirements with regards to the information supplied in these cases but it must be legible and suitable for scanning - i.e. A3 or less in size and accurately portray the work/structures. You should treat the information required as being similar to a Building Consent.

Site plans showing locations of other buildings, distances to boundaries, dimensions of the structure, construction plans of the building structure and specifications will all assist in our checking routines and be helpful information for future viewers.

Please do not use previously stamped plans, as the submitted plans need to depict the work which is subject to the application. With regards to the information, treat the application like an application for building consent, as the more detail, the easier and speedier we can make a decision.

Can I apply for building consent – even if the work is exempt?

Yes. 

You can simply apply for a Building Consent and inspections will also be applied. On successful completion of the project you will also have a Code Compliance Certificate.

Code Compliance Certificate

Does exempt building work have to be undertaken by a licensed building practitioner?

In some cases, yes. Check the Ministry of Business, Innovation and Employment website for specifics.

The building work must be carried out in accordance with the Building Code. It must also must comply with all other relevant legislation, including the:

• Plumbers, Gasfitters and Drain layers Act 2006
• Electricity Act 1992
• Resource Management Act 1991; and
• Fire Service Act 1975
• District Plan

If you wish to make a complaint, please follow the link below. 

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