What is a building consent?
A building consent is a document issued under the Building Act 2004 that confirms that plans and specifications for proposed building works meet the requirements of the New Zealand Building Code. A building consent can only be issued in advance of any work taking place.
The process of considering and issuing a building Consent ensures that any building work is safe, durable and does not endanger health, both for the current users of the building and to protect those who may buy and use the property in the future.
Building Act 2004 (NZ Legislation website) Opens in a new window.
There are new requirements which you need to be aware of, related to projects containing restricted building work. These came into force on 1 March 2012.
Follow the links below for further information.
Build it Right - Restricted Building Work (Department of Building and Housing website) Opens in a new window
Restricted building work - what you need to know [88kb]
When do I need to apply for a building consent?
You need to make application and obtain a building consent before any work is undertaken on a project that requires a building consent. At the moment, this includes the majority of building projects.
The building consent includes not only the building work but also any work related to site preparation, plumbing or drainage. Failure to obtain a building consent before commencing work is an offence under the Building Act 2004 and will cause problems later in the project. It could also lead to anybody involved as property owners or tradespersons facing prosecution.
Guide to the Building Consent Process (Department of Building & Housing website) Opens in a new window.
When do I NOT need to apply for a building consent?
You do not need to apply for a building consent if your project is covered by an exemption.
The term "exempt" relates to projects for which a building consent is not required.
There are two types of exemptions from the requirements to obtain a building consent although all building work undertaken must comply with the New Zealand Building Code.
These exemptions are :
- works that are contained in Schedule 1 of the Building Act
- works that would normally require a building consent but Council, after considering an application, has agreed to an exemption.
Although all building work undertaken must comply with the Building Code, not all building work requires a building consent.
Schedule One
Where a project is contained within the scope of exempt building work, you do not need to apply for approval of the construction matters related to the building. You will, however, still need to ensure that you meet the requirements of any other regulations such as the District Plan and obtain any required permissions or consents before work starts on your project.
The following are examples of smaller projects contained in Schedule One that do not require a building consent.
- decks less than 1.5 metres above ground level.
- a garden shed less than 10sq metres and at least its height from the boundary
- fencing less than 2.5 metres high
- tents/marquees less than 100sq metres and not remaining on the site for longer than a one month period.
- car ports not exceeding 20sq metres
- playground equipment used by a single household less than 3 metres above the ground.
These are known as exempt building works and further information can be found in Schedule 1 of the Building Act 2004. The Government is currently reviewing the list of projects contained within Schedule 1 and further advice is expected later in 2010.
Building Act 2004, Schedule 1 (NZ Legislation website) Opens in a new window.
Applications for exemptions
In some circumstances, Council is able to approve applications for building works that would normally require a building consent to be exempted from that process.
Application must be made on the appropriate form and work may not commence until approval has been granted. If approval is not granted then a building consent will need to be obtained before any work can commence.
These need to be assessed individually and we suggest you contact us for advice before making application.
Again, you will still need to ensure that you meet the requirements of any other regulations, such as the District Plan, and obtain any required permissions or consents before work starts. These need to be assessed individually and we suggest you contact us for advice before making application.
Exemptions Guide (Department of Building and Housing website) Opens in a new window.
Will I need a Compliance Schedule?
Compliance Schedules are generally related to commercial properties but can be relevant to residential properties when an external cable car is included in the project. The Compliance Schedule is an inventory of a building's specified systems and includes their location within the building and the inspection, testing and maintenance procedures for those systems.
If you have specified systems within the building then you will require a Compliance Schedule.
What is a specified system?
A specified system is defined as a system or feature in the building that contributes to the safe operation of it and/or the well being of occupants. For example, fire and smoke alarms, lifts.
When you apply for a building consent, you will be asked to supply specific details of system equipment and the proposed testing and maintenance procedures.
Once the systems have been confirmed, a draft Compliance Schedule will be issued with the building consent and the final Compliance Schedule will be issued with the Code Compliance Certificate at the end of the project.
The Compliance Schedule can be updated at any time by the building owner or Council but, usually, the update is related to the application for a building consent.
If your building contains specified systems you will be required to issue an annual Building Warrant of Fitness.
To view a list of specified systems follow the link below.
Building Compliance Schedule application [124kb]
For further information about Building Warrant of Fitness, follow the link below.
Safer Buildings
Council's role as a Building Consent Authority
Council is registered as a Building Consent Authority under the Building Act 2004. This means that we have responsibility for ensuring that the Building Act and any other associated regulations are implemented and followed in the Whangarei district.
A large part of that work will relate to applications for building consent but we also get involved in a range of other activities that are building related.
Examples include Building Warrants of Fitness, fencing of swimming pools, dangerous and insanitary buildings, earthquake prone buildings and undertaking enforcement action in connection with illegal building works.
We aim to work with our customers and are willing to offer help and advice so please feel free to contact us if you have any building related queries.
Contact us
Please contact any of our Customer Service Centres for help with building consents.
For any technical enquiries please contact either the duty building officer or a building inspector on site.
Council offices - locations and hours of opening