Conditions on building consents
Your Building Consent will be issued with conditions. Conditions are similar to rules that are placed on the consent.
Your conditions will be clearly stated and must be adhered to for a Code Compliance Certificate to be issued, so please read the consent and all issued documentation. You can ask us for advice if you do not understand the conditions.
You can read more about Legislations within Building Act and Ministry of Business, Innovation and Employment guidance on these links:
Section 67
If a waiver or modification to the Building Code is proposed and accepted, then Section 67 applies.
Section 67 in the Building Act
Ministry of Building, Innovation and Employment guidance
Section 72
If the land is affected by a natural hazard, then Section 72 applies.
Section 72 in the Building Act
Property Hazard Reports and Map
Natural Hazards
Section 75
To enable a building to be constructed over a legal boundary, it is required that each of the affected allotments (whether on the same certificate of title or not) are tied so that one cannot be sold or leased without the other.
There are two legal ways of addressing this issue:
- either by tying each of the allotments by means of complying with section 77 of the Building Act 2004,
- or by legally amalgamating the allotments by way of survey plan which places all the affected land under the same certificate of title.
In either case the affected properties must be under the same ownership.
These matters should be addressed or understood before making a building consent application to avoid delays and misunderstandings during processing.
Section 75 in the Building Act
Section 77
Section 77 to the Building Act requires that when a building application is made to us (as building consent authority) to construct a building over an existing legal boundary(s), the consent cannot be granted until we issue a certificate under this section that the affected land cannot be sold or leased except in conjunction with the other land subject to the building work.
This condition is set out in a certificate authenticated by us and signed by the owner and lodged with the district land registrar who makes an entry on each certificate of title or each affected allotment to which the condition applies.
Section 77 of the Act allows us to accept the building consent for processing, but the consent cannot be issued until the certificate under section 77 has been registered against all affected property titles. This is the simplest method of allowing a building to be constructed over legal boundaries.
The fee can be paid at the time of application, or when the process is completed, but the fees must be paid before the building consent can be issued.
Alternatives prior to application:
- to have the title(s) of the allotments amalgamated by way of survey plan, which removes the internal boundaries of the affected land, or
- restructure the affected boundaries so that the whole building is on one allotment.
These options require redefinition of the boundary by way of the survey plan to create a single allotment. This requires the services of a surveyor and can take four-to-six months to process.
We are unable to grant a building consent until the resurvey has been completed. This can cause lengthy delays to commencing construction. The costs involved in this process are significantly higher than that incurred with a section 77 certificate.
Section 90
All consents will be issued with the condition that inspections will be carried out under Section 90.
Section 90 in the Building Act
Building inspection requirements
Ministry of Building, Innovation and Employment guidance
Property Hazard Reports and Map
Section 113
If the proposed work is not intended to last 50 years, then a condition under Section 113 will need to be applied.
Section 113 in the Building Act
Ministry of Building, Innovation and Employment guidance
Specified intended life