Alterations to Existing Buildings

Sections 7, 112, 112(2), 113AT Building Act 2004
Section 112 of the Building Act 2004 outlines the requirements for buildings undergoing alterations.

The process starts with an applicant who wants to do building work (in an existing building) that needs a building consent. This then triggers the section 112 considerations for the remainder of the building.

This provision has applied since the Building Act 1991 and thus there is a detailed history of interpretation of this aspect of law.

The entire building is assessed for compliance as nearly as is reasonably practicable, with the provisions of the building code that relate to:
  • means of escape from fire
  • access and facilities for people with disabilities


The remaining parts of the building must be no worse off.
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In practice some TAs have created systems to help people do this assessment – these are known as section 112 gap analyses (see example excerpt below). This normally generates a ‘fire report’ and an ‘access audit’ to illustrate the gap between the old building and what is required if the building was brand new.
The phrase “as nearly as is reasonably practicable” has been informed by the Courts to mean: 
“The degree of risk is to be balanced against the cost, time, trouble or other sacrifice necessary to eliminate the risk” 
(Gallen J in Auckland City Council v New Zealand Fire Service)

Section 112 (2) provides some leeway for the owner to convince the TA that the building will be better off as a result of the work they want to do. This is often known as ‘council discretion’ and allows a TA to approve building consents for alterations where they consider partial compliance will outweigh the detriment of not fully complying with all of those requirements.

This is to acknowledge that it is sometimes practical to prioritise partial improvement over no improvement. 

Note that in the case of Earthquake Prone Buildings, section 133AT must be used instead of section 112. Section 133AT sets out the requirements for altering an existing building that is earthquake prone or issued with an earthquake-prone building notice (EPB notice).
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Case Law

These are some of the leading cases in this sphere:
Bates v Auckland Council [2021] NZHC 2558
  • This case examined alterations under section 112 in relation to a leaky building.


Fitzgerald v IAG New Zealand Ltd [2018] NZHC 3447
  • This case considers section 112 in relation to the repair of an earthquake damaged house.


Taggart Earthmoving Ltd v Heritage New Zealand Pouhere Taonga [2016] NZEnvC 123
  • This case provides discussion of ‘council discretion’, specifically in relation to earthquake prone buildings. 


Wheeldon v Body Corporate 342525 [2015] NZHC 884, (2015) 16 NZCPR 829
  • This case observes the role of section 112 as does not detract from the requirement for all work to comply with the Building Code. 


Talley’s Group Ltd v Tasman District Council DC Wellington CIV-2009-085-1156, 19 August 2010
  • This case concerned a building consent provided for an accessible toilet, and the cost of complying as nearly as reasonably practicable compared before and after construction.


Auckland City Council v New Zealand Fire Service [1996] 1 NZLR 330(HC)
  • This case involved discussion of the taking account of economic factors in relation to “as nearly as reasonably practicable”.


Invercargill City Council v Hamlin [1996] 1 NZLR 513(PC)
  • This case contains discussion on a TAs responsibility to be “satisfied on reasonable grounds”, which has bearing on section 112(2).

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Most Recent Determinations

2019/051: Regarding provision of access and facilities for people with disabilities to an existing house being used to accommodate seasonal workers
Refusal to consent to a change of use for existing building, seasonal worker accommodation, requirement to provide access and facilities for persons with disabilities to and within buildings.
  • Note: The decision of this Determination was upheld on appeal to the District Court. See: Western BOP DC v Limmer & NZ Kiwifruit Growers Inc


2019/041: Regarding the provision of an accessible route to a cupola with an elevated viewing platform on a landscaped roof area
Whether a lift is required to an elevated viewing platform on a landscaped roof area, discusses the definition of “storey” for the purpose of Clause D1.3.4 of the Building Code, whether a cupola is an “ancillary” building as defined in Clause A1 of the Building Code.

2018/042: Refusal to issue a code compliance certificate for a viewing platform
Viewing platform and associated parking, Clause D1 Access routes, whether an access route to the platform was needed, whether gravel access track and car parking provide reasonable and adequate access in terms of Clauses D1 and B2 Durability.

2018/036: Compliance of a new swimming pool complex, in relation to access for people with disabilities into the pools
Installation of a hoist in pool, whether members of the public will be admitted to pool, whether section 118 applies, and whether a waiver or modification of Clause D1 can be granted.

2018/032: Open risers in an existing building undergoing alterations
Refusal to grant an amendment to a building consent for alterations.  requirement of close risers to single set of stairs, application of section 112(1)(a), Clause D1 Access routes considering phrase "as nearly as is reasonably practicable"

2018/018: Decision to aggregate the floor areas of two buildings in a new development to determine Clause D1 Access requirements
New office building, adjacent hotel, aggregation of floor areas, requirement for a lift.

2018/008: Accessible parking facilities for a proposed mixed-use building
Parking provisions and commercial spaces on ground floor, mechanical stacking car parks for use by residents only.

2018/007: Compliance of door thresholds to a proposed gymnasium in a school
Door thresholds to proposed school gymnasium, 20mm level change in external and internal surfaces, D1/AS1, C/AS4 and E2/AS1 discusses terms “stepped threshold”, “weather stop” and “isolated step”.

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Older Determinations

2019

2019/013: Regarding the refusal to issue a code compliance certificate for the relocation of and 18-year-old alterations to a house
2019/007: The refusal of a code compliance certificate for 18-year-old additions and alterations to a house

2018

2018/066: Authority’s decision to issue a code compliance certificate for alterations to a relocated house
2018/061: Installation of a replacement wood burner and wetback where a new tempering valve was also installed
2018/048: Refusal to issue a building consent for alterations of an existing building
2018/046: Refusal to issue a code compliance certificate for alterations to a 16-year-old building
2018/035: Refusal to issue a certificate of acceptance and the issue of a notice to fix for alterations to a building
2018/032: Open risers in an existing building undergoing alterations
2018/023: Refusal to grant an exemption from the requirement to obtain a building consent for alterations
2018/015: Notice to fix and the refusal to issue a certificate of acceptance for alterations

Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Auckland Council v Jayashree Limited (District Court, Auckland, 14 February 2019, CIV-2018-004-00820).

2018/014: Refusal of a code compliance certificate for alterations to a house2018/012: Refusal to issue two code compliance certificates for alterations and additions to a house

2017

2017/085: Decision to issue a code compliance certificate for alterations to a house
2017/080: Granting of building consent for alterations, subject to notification that land is subject to a natural hazard
2017/060: Refusal to issue a code compliance certificate for 19-year-old additions and alterations to a house
2017/055: Building consent granted for alterations to an existing building on land subject to a natural hazard without notification under section 73
2017/049: Refusal to issue a code compliance certificate for 11-year-old alterations to a house with mixed cladding
2017/040: Refusal to grant a building consent for proposed supermarket alterations
2017/019: The number of personal hygiene facilities in a school building undergoing alterations
2017/013: Refusal to issue a code compliance certificate for 11-year-old additions and alterations to a house
2017/010: Refusal to issue code compliance certificates for a 20-year-old house with 7-year-old alterations

2016

2016/050: Regarding whether proposed alterations to a three-level office building require a lift to satisfy requirements for persons with disabilities
2016/027: The refusal to issue a code compliance certificate for 14-year-old alterations to plaster-brick house
2016/014: Regarding access and facilities for people with disabilities to a gym in an existing two-storey building
2016/012: Refusal to issue a code compliance certificate for the retrofitting of urea formaldehyde foam insulation to a house with asbestos cladding
2016/008: Regarding whether there is a change of use in respect of the conversion of a house to include 13 bedrooms

2015

2015/085: Regarding the authority’s exercise of its powers of decision in relation to a building consent application for an earthquake-prone building
2015/071: Regarding the refusal to issue a code compliance certificate for an 11-year-old extension and alterations to an existing house
2015/069: Regarding the compliance of new and replacement timber windows to a 132-year-old house
2015/066: Regarding the authority's refusal to issue a building consent for an extension to an aluminium factory building in respect of Clause C3.8
2015/064: Authority's exercise of powers of decision in refusing to grant consent for an addition to an existing building
2015/049: Regarding the refusal to issue a code compliance certificate for alterations to an existing house
2015/048: Compliance with the Building Code of proposed retrofitted urea formaldehyde foam wall insulation in a 60-year-old weatherboard clad house
2015/040: Regarding the refusal to issue a code compliance certificate for a 19-year-old house and 11-year-old alterations with stucco wall cladding
2015/036: Regarding the exercise of the authority's power of decision in requiring a section 75 certificate for alterations to a wharf
2015/035: Regarding the refusal to issue a code compliance certificate for additions and alterations to a school
2015/031: Refusal to issue compliance certificates for a 12-year-old shop, 8-year-old toilet block and alterations to a building consent
2015/030: Regarding the refusal to issue a code compliance certificate for 17-year-old alterations and additions to a house
2015/029: Issue of a notice to fix and the refusal to issue a code compliance certificate for 11-year-old alterations to a 1970s solid timber house
2015/028: Refusal to grant building consent and whether proposed alterations to an existing building comply with the Building Code
2015/027: Regarding the issue of a code compliance certificate for 11-year-old additions and alterations to a house with monolithic cladding
2015/017: Regarding the refusal to issue a code compliance certificate for 12-year-old alterations to a house with stucco wall cladding
2015/008: Regarding the refusal to issue a code compliance certificate for 18-year-old additions and alterations to a house

2014

2014/060: Regarding the authority\'s proposed exercise of its powers to refuse to grant a building consent for an alteration to an existing building by requiring fire resistance rating of two existing external walls
2014/057: Dispute about provision of an accessible reception counter to a Corrections facility
2014/048: The refusal to issue a code compliance certificate for 10-year-old alterations and additions to a house
2014/022: Regarding the refusal to issue a code compliance certificate for 16 to 18-year-old alterations to a house

2013

2013/056: Regarding the refusal to issue a code compliance certificate for 11 to 13-year-old alterations and additions to a house
2013/028: Regarding the refusal to issue a code compliance certificate for 10-year-old alterations to a house
2013/024: Regarding the refusal to issue a code compliance certificate for 10-year-old alterations and additions to a house
2013/014: The compliance of a stair to proposed alterations to a cattery
2013/013: Regarding the refusal to issue a code compliance certificate for a 16-year-old building
2013/011: Regarding the authority's exercise of its powers in respect of a refusal to grant building consent for an alteration to an existing apartment
2013/003: Regarding the refusal to issue a certificate of acceptance for alterations to a house with monolithic cladding

2012

2012/074: Change of use provisions of the Building Act for the alteration of part of a house to a second kitchen
2012/071: Regarding the refusal to issue a code compliance certificate and the issuing of a notice to fix for 14-year-old alterations to a house
2012/067: Regarding the issue of a notice to fix for additions and alterations to a house
2012/062: Regarding the refusal to issue a code compliance certificate for 6-year-old additions and alterations to a house
2012/058: Regarding the refusal to issue a code compliance certificate for 12-year-old alterations and additions to a residential unit
2012/033: Provision of lift access in alterations to an existing two-storey administration building for the NZ Fire Service
2012/021: Regarding a notice to fix issued for alterations to a house
2012/008: The issue of a notice to fix in respect of 14-year-old additions and alterations to a house
2012/005: The refusal to issue a code compliance certificate and the issue of a notice to fix for a relocated and altered house

2011

2011/109: Refusal to issue code compliance certificates for alterations under two building consents to a house
2011/107: The issue of a notice to fix in respect of 10-year-old additions and alterations
2011/093: The issuing of a code compliance certificate for a relocated house and associated alterations
2011/063: Regarding a notice to fix issued for 8-year-old additions and alterations to a house
2011/058: Regarding the refusal to issue a code compliance certificate for 10-year-old additions and alterations to a house
2011/055: Refusal to issue a code compliance certificate for 8-year-old alterations and additions to a house
2011/049: Refusal to issue code compliance certificates for alterations to a house
2011/047: Refusal to issue a code compliance certificate for 12-year-old additions and alterations to a house
2011/041: Whether internal alterations to an attached garage is exempt from the need for a building consent under Schedule 1 of the Building Act
2011/033: Notices to fix issued in respect of the conversion of a storage shed to a sleepout and alterations to the sleepout
2011/021: Refusal to issue code compliance certificate for 6-year-old alterations to a house completed under supervision of a building certifier
2011/017: Refusal to issue a code compliance certificate for a 9-year-old addition and alterations to a house
2011/003: Refusal of a code compliance certificate for 10-year-old house additions and alterations completed under supervision of a building certifier

2010

2010/122: Determination regarding a notice to fix for remedial work and alterations to a house
2010/117: Refusal of a code compliance certificate for an addition and alterations to a house
2010/112: Refusal to issue code compliance certificates for 13-year-old alterations to a building
2010/106: Refusal of a code compliance certificate for house alterations completed under the supervision of a building certifier
2010/103: Refusal to issue a code compliance certificate for a 9-year-old addition and alterations to a house
2010/100: Refusal to issue code compliance certificates for 15-year-old additions and 12-year-old alterations
2010/090: Refusal to issue a code compliance certificate for 7-year-old additions and alterations to a house
2010/084: Refusal to issue a code compliance certificate for alterations to a house
2010/077: Refusal to issue a code compliance certificate for a 12-year-old addition and alterations to a house
2010/070: The issue of notices to fix for alterations to a building
2010/065: The issue of notices to fix for alterations to five chalets
2010/061: Refusal to issue a code compliance certificate for alterations to a house
2010/058: Refusal to issue a code compliance certificate for additions and alterations to a house
2010/045: Refusal to issue a code compliance certificate for 13-year-old alterations and additions to a house with monolithic cladding
2010/010: The refusal of a building consent for proposed house alterations and additions
2010/004: Firecell requirements for future alterations to a meatworks plant

2009

2009/117: Access and facilities for people with disabilities for a small alteration to buildings located at a fish processing factory
2009/093: Determination regarding the code compliance of 10-year-old alterations to a house
2009/087: Code compliance of basement alterations to a house
2009/086: Refusal to issue a code compliance certificate for house alterations and a new garage
2009/081: Dispute over a building consent for alterations to a house due to the slope of the roof
2009/079: Providing access for people with disabilities as part of proposed alterations to a takeaway bar
2009/075: Issue of a notice to fix for alterations to a house
2009/070: Provision of accessible toilet facilities in an altered office building in an industrial complex
  • Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Talley's Group Limited v Tasman District Council (District Court, Wellington, 19 August 2010, CIV-2009-085-1156).


2009/051: The code compliance of an altered and extended house
2009/048: The issue of a notice to fix for 6-year-old alterations to a house
2009/039: Determination regarding the cancellation of an existing consent, and refusal to issue a new consent for additions and alterations to a house
2009/009: Determination regarding a notice to fix for alterations to a house
  • Note: to be read in conjunction with 2008/031

2008

2008/122: The provision of access and facilities for persons with disabilities in an alteration to a building containing a café
2008/097: Determination regarding the code compliance of alterations to a house
2008/095: Refusal to issue a code compliance certificate for alterations and additions to a house
2008/091: Determination regarding the code compliance of 9-year-old alterations to a house
2008/077: Refusal to issue a code compliance certificate for 13-year-old alterations to a house with fibre-cement weatherboard cladding
2008/063: Refusal by a territorial authority to issue a code compliance certificate for 12-year-old alterations to a house
2008/062: Dispute over a building consent for alterations to a house due to the slope of the roof
2008/060: Provision of lift access in the alteration and change of use of a commercial building
2008/058: Provision of an accessible toilet in a proposed alteration to a building containing a café
2008/042: Dispute about safety devices to small water heaters used in internal alterations
2008/037: Refusal of a code compliance certificate for alterations and additions to a house
2008/031: Determination regarding a Notice to Rectify for additions and alterations to a house
2008/028: Refusal to issue a code compliance certificate for a 7-year-old alteration to a house
2008/026: Refusal of a code compliance certificate for alterations to a house
2008/017: Refusal of a code compliance certificate for alterations to a building with a monolithic cladding system
2008/016: Provision of lift access in the alteration and change of use of a building
2008/005: The issuing of notices to fix in respect of recent alterations to a 50-year-old carport/deck
2008/004: Relocating and re-using safety barriers in the alteration of existing bridges

2007

2007/139: Determination about a territorial authority’s decision not to rely on a building certifier’s inspections for alterations to a house
2007/096: Determination regarding a code compliance certificate for house alterations
2007/094: Territorial authority’s decision not to rely on a building certifier’s inspections for additions and alterations for a house
2007/093: Determination regarding a code compliance certificate for house alterations and additions
2007/090: The durability of building elements installed in the alterations and additions to a house
2007/089: Dispute about code compliance for alterations and additions conducted under four building consents to a 57-year-old house
2007/080: Upgrading of accessible toilet facilities in alterations to a school
2007/078: Refusal of a code compliance certificate for additions and alterations to a house
2007/059: Determination regarding a code compliance certificate for an altered building
2007/056: Refusal of a code compliance certificate for building alterations with a “monolithic” cladding system
2007/053: A dispute in relation to the waiving of the requirement to provide tempered hot water in a house alteration
  • Note: The decisions in this Determination were confirmed on appeal to the District Court. See: Morresey v Palmerston North City Council (District Court, Palmerston North, 11 August 2008, CIV-2007-454-000463).


2007/041: Refusal of a code compliance certificate for additions and alterations to a house
2007/033: Determination regarding a code compliance certificate for an altered building
2007/029: Determination regarding a notice to fix for alterations and additions to a house
2007/020: Refusal of a code compliance certificate for building alterations with a monolithic cladding system
2007/019: Refusal of a code compliance certificate for additions and alterations to an apartment
2007/11: Determination regarding a code compliance certificate for an altered building
2007/05: Determination regarding a code compliance certificate for alterations to a house

2006

2006/125: Refusal of a code compliance certificate for building alterations with a monolithic cladding system
2006/121: Refusal of a code compliance certificate for ten-year-old building alterations with a “monolithic” cladding system
2006/115: Refusal of a code compliance certificate for additions and alterations to a house
2006/084: Refusal of a code compliance certificate for alterations to a building with a fibre cement sheet cladding system
2006/078: Upgrading the means of escape from fire on the alteration of an office building
2006/077: Upgrading the means of escape from fire in the alteration of a high-rise office building
2006/020: Refusal of a code compliance certificate for an alteration to a house with a monolithic cladding system

2005

2005/144: Stairs to a raised storage area in the alteration of an equipment maintenance and sale building
2005/99: Alterations to a house
2005/95: Sound transmission between household units after alterations

2003

2003/05: Access and facilities for people with disabilities in the alteration of a cinema building
2003/02: Access and facilities for people with disabilities in the alteration of a commercial building

2002

2002/09: Provision of ramp access in the alteration of an office building
2002/08: Access and facilities for people with disabilities in the alteration of a warehouse and office complex
2002/02: Alterations to an apartment building's means of escape from fire in response to a "dangerous building" notice

2001

2001/06: Code compliance certificates for alterations to a house
2001/05: Protection of fire fighters in the alteration of a school building

1999

1999/001: Installation of a lift in the alteration of a primary school

1997

1997/009: Access for people with disabilities in the alteration of a factory
1997/007: Fire safety - alterations to a rest home - meaning of "suite"
1997/003: Access for people with disabilities in the alteration of an office building with a carparking area beneath it
1997/002: Access and facilities for people with disabilities in the alteration of a police station three storeys high
1997/001: Access and facilities for people with disabilities in the alteration of a commercial building two storeys high

1995

1995/002: Access for people with disabilities to be provided in the alteration of a local government administration building two storeys high

1994

1994/008: Alterations to a bridge
1994/006: Access for people with disabilities in the alteration of a building for use by a bank