Over the past decade there is a remarkable increase in the number of Kiwis embracing the DIY ethos, and as a nation we’re a large number of homeowners looking to build. Before starting any building work, it is important to understand the laws that govern building works, and if your new-building or renovation can be completed with or without a building consent.
In general terms, building work that affects the structure, the weathertight enclosure, or the fire safety design of a building are defined as ‘Restricted building work’. Restricted building work cannot be undertaken without an approved building consent, and restricted building work requires that Licensed Building Practitioners (LBP’s) design and/or carry out this work.
Currently, work is underway to enable small standalone dwellings to be built without a building consent, expected to be in force by early 2026. At this point, building consents are still required for small standalone dwellings (commonly known as granny flats).
The Ministry of Business, Innovation & Employment publishes helpful information explaining the building consent process and the types of building works that do not require a building consent. This information is typically published on the building.govt.nz website and can be downloaded from the links below.
- https://www.building.govt.nz/assets/Uploads/projects-and-consents/building-consent-guidance.pdf
- https://www.building.govt.nz/assets/Uploads/projects-and-consents/building-work-consent-not-required-guidance.pdf
Applying for a Building Consent for work done on your property allows you to obtain a Code of Compliance Certificate from your local council. It is a standard of quality that complies with the NZ Building Code and therefore ensures safety, durability, and sustainability.
Performing restricted building work without an approved building consent is considered an offence and can result in criminal convictions and substantial fines. Not only can fines exceed $200,000 but in the case of a continuing offence, further penalties can be applied as well as the demand for any building work in question to be removed. Performing restricted building work without a building consent can negate your insurance coverage when making a claim and can reduce the value of your property if you decide to sell your house in the future.
Its essential to know your legal obligations as a property owner when arranging for work to be done or if carrying it out yourself. Typically, you need a consent for work that adds or alters a building’s structure, system, or appearance. The general guideline of what type of work requires a Building Consent is:
- Structural building such as additions, alterations, re-piling and some demolitions
- Plumbing and drainage where an additional sanitary fixture is created (some repair and maintenance may be exempt)
- Relocating a building
- Installing a wood burner or air-conditioning system
- Retaining walls higher than 1.5 metres (3.0 metres if rural and designed by a chartered professional engineer)
- Fences or walls higher than 2.5 metres
- All swimming pools and their associated fences
- Decks, platforms or bridges more than 1.5 metres above ground level
- Some earthworks
- Sheds greater than 30 square metres in floor area (sheds smaller will still need the help of an LBP or engineer or must use lightweight material in accordance with Acceptable Solution (B1/AS1)
When you are carrying out work that doesn’t require a consent such as minor fencing, maintenance or repair work that don’t affect structural elements, plumbing or fire safety, it still pays to ask us. We have great building expertise and professional contacts in the trade such as builders, surveyors & engineers. Even though some exempt building work can be carried out by you, there are others that require an authorised professional, so it pays to check first.
