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Work Exempt from Building Consents
The following provides information on building work, which can be carried out without obtaining a building consent from the Council.
All building work must be carried out in accordance with the building code and the Council's
District Plan, whether or not it is exempt from a building consent.
A resource consent may still be required.
Contact us if you are unsure whether resource consent is required under the
District Plan rules.
Schedule 1 - Exempt building work
Schedule 1 of the Building Act 2004 - Exempt building works (including
new additions which come into force on 16 October 2008)
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 1976, 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 any water storage heater connected to a
solid-fuel heater or other supplementary heat exchanger, except for the
repair, or replacement with a comparable heater, of any open-vented
water storage heater using the same pipe work.
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| (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; and
(ii) is carried out in accordance with the Plumbers, Gasfitters and
Drainlayers Act 1976.
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| (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 1976.
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| (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 1976.
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| (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.
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| (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.
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| (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 for persons with disabilities; or
(ii) modify or affect any specified system.
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| (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.
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| (c) |
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).
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| (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.
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| (d) |
the construction or alteration of any
wall (except a retaining wall or 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.
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| (da) |
the construction or alteration of any dam that is not a large dam.
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| (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
(ii) not exceeding 2,000 litres capacity and supported not more than 2
metres above the supporting ground; or
(iii) not exceeding 500 litres capacity and supported not more than 4
metres above the supporting ground.
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| (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 a period of not more than 1 month.
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| (fa) |
the construction, alteration or
removal or 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 than 1 month.
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| (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.
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| (h) |
the construction or alteration of any
temporary storage stack of goods or materials.
(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
Building Act 2004: Guide to exemptions from building consent
requirements
(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.
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| (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.
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| (ja) |
the construction, alteration, or
removal of any fabric, glass, or metal awning on any building where that
porch or verandah -
(i) is on the ground or first storey level; and
(ii) does not exceed 15 square metres in size.
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| (jb) |
the construction, alteration, or removal of a pergola.
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| (jc) |
the construction, alteration, or
removal of a porch or verandah on any building where that 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 15 square metres in size.
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| (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. |
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