Do I need a building consent?

There has been much anticipation and excitement around the upcoming exemption for minor residential units up to 70m².

The latest news is that while the changes have been announced, the new rules won’t be law until early next year. This means that any building works done to establish a “granny flat” before this are not considered to be exempt and will still require a building consent.

However, before you start planning your project to construct a new mancave, shed or garage, you’ll need to check whether you’re building over any underground services.

The same goes for throwing up a new fence, putting down a driveway or path, or doing a bit of retaining work – it may sound like a straightforward DIY job over a few weekends, but there can be serious implications.

Throughout Tasman District, there are things called council easements, but other utility providers like power and telecommunications companies may also hold them. An easement is a legal right of way or similar right over another owner’s ground or property.

They provide the right for us to have services such as water mains, sewers, manholes, pumping mains, pumping stations, stormwater pipes, and their associated equipment, on privately owned property. The area covered by an easement can’t be built on or obstructed.

The best thing to do before you launch any home improvement project is to check with us about your site, including the location of any buried services. Call on 03 543 8400 to talk to our team.

• You're building a new house
• You're building a swimming pool and its associated barriers
• You're building retaining walls (some may be exempt)
• You're building decks with a falling height over 1.5m
• You're building a fence over 2.5m high
• You're building a free-standing non-habitable building larger than 30m2
• You're doing plumbing and drainage work
• You're demolishing or partially demolishing a building of more than 3 storeys
• You're relocating a building
• You're making additions to an existing building
• You're changing the use of a building (e.g. garage to granny flat)
• You're putting in or replacing heating, e.g. wood burner
• You're putting ventilation and air-conditioning systems in commercial premises
• You're replacing parts of a building, beyond what can be defined as maintenance and repair

If your project requires a building consent, it must be obtained before any of the work starts, so please make sure that you start the application process well before building is due to start.

• You're doing general maintenance and replacement of an existing building or outbuilding
• You're building a single-storey, detached building less than 30 square metres in floor area, that doesn't have cooking facilities; for example, a sleep out or a garden shed
• You're building an unoccupied, detached building; for example, a construction site office
• You're putting up a tent or a marquee which is less than 100 square metres and will be up for less than a month
• You're building a pergola, as long as it's unroofed
• You're altering a doorway to facilitate access for people with disabilities; for example, installing an access ramp
• You're replacing the wall, ceiling or floor linings of an existing building
• You're closing in a veranda or patio that's less than 5 square metres
• You're building a porch or veranda on the ground or first storey level that's less than 20 square metres
• You're building a car port that has at least one open side and is less than 20 square metres
• You're putting up a shade sail less than 50 square metres, at ground level
• You're building a retaining wall that retains less than 1.5 metres (vertically) of ground
• You're putting up a fence or a hoarding less than 2.5 metres high, as long as it's not around a swimming pool - fences to swimming pools require consent
• You're building a deck, platform, bridge or board walk where it's not possible to fall more than 1.5 metres
• You're building a playground, less than 3 metres high, which is just for use by a single private household.

This list covers the most straightforward ones, but it's not exhaustive. Some exemptions depend on who's doing the work.

More guidance and a full exemption listing 

Find the full list of exemptions on building.govt.nz

Work that is exempt under Schedule 1 of the Building Act is still required to meet the Building Code to ensure it is safe and fit for purpose. It must also comply with relevant planning controls.

To save documentation, time, and costs, we will consider exemptions on a case-by-case basis.

We can consider exemptions for building work and projects where work is:

• Carried out by or under supervision of suitably qualified persons, and
• Assurances are given as to how compliance with the New Zealand Building Code will be achieved, and
• If compliance with the Code is not achieved in full, assurances are given that life and property will not be affected.
• You can't get an exemption for any work that includes changes to fire safety systems or egress routes
• You can't get an exemption for changes to specified systems on a compliance schedule.
• Contact the duty building officer to discuss your plans and possible discretionary exemption. Phone 03 543-8400 or use the contact us form

How to apply for a discretionary exemption

Complete the application form in the Objective Build portal.

You will need to include details of why the exemption should be approved.

More guidance and a full exemption listing 

Find the full list of exemptions on building.govt.nz

Work that is exempt under Schedule 1 of the Building Act is still required to meet the Building Code to ensure it is safe and fit for purpose. It must also comply with relevant planning controls

It is important that you consider other legislation that may affect your Building Consent application, such as the Resource Management Act 1991.

A Project Information Memorandum or PIM is a report relating to a specific project on a property. It is strongly recommended that you apply for a PIM prior to submitting a Building Consent application. As a PIM investigates issues that might affect your building project under the Tasman Resource Management Plan (TRMP), such as:

• erosion
• falling debris
• subsidence
• slippage
• flooding
• presence of hazardous material
• whether a Resource Consent is required
• whether other laws affect the site; e.g. heritage building / sites
• details of surface water and wastewater
• whether a Development Contribution fee is required
• whether the proposed use of the building will require an evacuation scheme approved by the New Zealand Fire Service.

If you choose to apply for a Building Consent only, a Resource Management authority (RMA) check will be completed instead. This follows a similar procedure, and costs the same as a PIM. However you could face significant delays if the RMA check identifies issues that need remediation or a Resource Consent (RC) to proceed.

Buildit aims to make navigating building consent exemptions as easy as possible for homeowners.

By answering a few questions, Buildit can let you know whether your next project could qualify as being exempt building work. It also advises what the next steps are for you to follow - before any work begins.