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Conditions on Building Consents

 
This page contains information about the conditions that can be issued on a building consent and the importance for applicants, builders and construction professionals to read and understand and act on them as required.
Updated: 15/10/2018 12:02 p.m.

During the construction of your project, you must follow the approved plans and adhere to the specific requirements detailed on the building consent. The consent documentation will contain information on:

  • required inspections
  • producer statements required from specialists with appropriate supporting evidence, and,
  • other conditions as required by the Building Act.

There are five specific conditions that can be applied to an issued building consent.

Owners, builders and/or developers should ensure that they understand them and their implications IF any of the following conditions are stated:

The approved plans contain waivers or modifications to the building code issued by the Territorial Authority, under Section 67 of the Building Act. These may be subject to their own unique conditions so please check your documentation.

Further guidance may be sought from the Ministry of Business, Innovation and Employment web site.he approved plans contain waivers or modifications to the building code issued by the Territorial Authority, under section 67 of the Building Act.

These may be subject to their own unique conditions so please check your documentation. Further guidance may be sought from the Ministry of Business, Innovation and Employment web site.

Legislation Section 67 of the Building Act

Ministry of Business, Innovation and Employment guidance

The building consent has been issued with a notification, condition, that the land is subject to natural hazards, which can mean flooding or landslips for example, see section 72 of the Building Act.

Please check your documentation, for further guidance see our Natural Hazards and the Ministry of Business, Innovation and Employment web site.

Legislation Section 72 of the Building Act

The building consent has been issued subject to condition where if building over two (or more) allotments, these cannot be transferred or leased except in conjunction with the other allotments, see section 75 of the Building Act.

Please check your documentation and for further guidance see our web page on sub divisions concerning existing Buildings.

Legislation Section 75 of the Building Act 2004

The building consent has been issued with the condition that inspections will need to be conducted, see section 90 of the Building Act. This condition will always apply and will need to be complied with fully to ensure that a Code Compliance Certificate can be issued.

Inspections may be conducted by council officers and may sometimes be required to be conducted by other professionals like civil or structural engineers. These will usually have to provide documentation that they have conducted these inspections and they will need to be organised and paid for by the builder/developer/owner.

Please check your documentation and for further guidance check our information on inspections.

Legislation Section 90 of the Building Act

Ministry of Business, Innovation and Employment guidance

The building consent has been issued with the condition that the building has "limited life" as determined by the owner/application, see section 113 of the Building Act. Please check your documentation and for further guidance see our specified intended life and the Ministry of Business, Innovation and Employment web pages.

Section 113 of the Building Act

Ministry of Business, Innovation and Employment Guidance - Change of Use and Alterations

 

It is important that you and your contractors read all the documentation supplied and are clear about the requirements.

Sometimes you (or your builder or project manager) will need to ensure that inspections are conducted by an appropriate engineer or other professional, as well as the council, to meet the requirements on the consent.

These inspections must be organised and paid for by you, and if not conducted may result in refusal to issue a Code Compliance Certificate on completion of your project.

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