Change of use, Extension of life, and subdivision

In general, it is important that the building is no worse off than before. For example, if a build had sufficient glazing, insulation, and access to natural light, these aspects ought not be compromised as a result of the change of use.

Extension of Life
There are rules around extending the life of a building with a specified length of life. 

Specifically, this affects buildings which were granted consent under section 113, which are buildings intended to be used for a particular purpose for 50 years or less.

The law provides that an owner wanting to extend the life of such a building must give notice to the territorial authority and receive written consent.

Subdivisions
If subdividing, the buildings involved must continue to comply, “as nearly as is reasonably practicable”, with the Building Code, especially in relation to:

• means of escape from fire,
• access and facilities for persons with disabilities (if this is a requirement under section 118),
• protection of other property,

Otherwise, there will be a need to upgrade these or other parts of the building in order to achieve compliance.

Western Bay of Plenty District Council v Limmer, [2020] NZDC 12902

• This case was an unsuccessful appeal by the authority against determination of application for consent to change of use for dwelling.

Jayashree Ltd v Auckland Council, [2019] NZDC 2407

• Appeal from determination on whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation.

Taggart Earthmoving Ltd v Heritage New Zealand Pouhere Taonga [2016] NZEnvC 123

• This case involved discussion of a council’s discretion under section 115.

Seymour v Auckland Council, [2015] NZHC 743

• This case concerned whether a conversion to a sleep-out would have been regarded as a change of use.

Department of Survey and Land Information v Hutt City Council (1997) 3 ELRNZ 222(ENC)

Building Industry Authority v Christchurch City Council, HC Christchurch AP78/96, 11 December 1996

2021/001: Regarding the refusal to grant a building consent for the conversion of part of a building from a carpark to a nightclub

• Regarding decision not to grant building consent to a leaseholder for alterations to part of a building, seismic performance of the whole building was required to be upgraded, section 115 for change of use, “as nearly as is reasonably practicable”.

2019/050: Regarding the issue of notices to fix in respect of building work to convert an existing shed and sleep-out to a self-contained unit

• Notice to fix for building work to convert existing shed and sleep-out into a self-contained unit, whether the authority was correct to issue the notice to fix, whether a change of use occurred.

2019/045: Regarding the classified use of a building, which is let out for public accommodation

• Use of a building let out for public accommodation under Clause A1 Classified uses, whether the classified use falls within “Detached dwellings” or “Community Service”.

2019/005: Regarding the authority’s decision to issue of a notice to fix for the conversion of a garage to a self-contained unit

• Whether a garage detached associated with dwelling has undergone a change of use when it was converted to a self-contained unit, notice to fix.

2018/065: Classified use of buildings used as accommodation under the Recognized Seasonal Employer Scheme

• Use of buildings on two properties under Clause A1 when used by employers as accommodation for seasonal workers under the New Zealand Recognized Seasonal Employer (RSE) scheme.

2018/050: Notice to fix issued for the change of use of a house

• Whether the building has undergone a change of use, exercise of the authority's powers in issuing a notice to fix for failure to notify the change of use, use category, whether compliance requirements in the new use are additional or more onerous than the old use.

2018/023: Refusal to grant an exemption from the requirement to obtain a building consent for alterations

• Whether a change of use had occurred, whether the authority was correct to refuse to grant an exemption under Schedule 1(2).

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).
• Whether the authority was correct to issue a notice to fix in regard to unconsented building work and a change of use from a single house to sleeping accommodation, certificate of acceptance.

2017/036: Change of use in respect of building work carried out to create a 12 bedroom building with an associated sleepout

• Whether there was a change of use for the purpose of sections 114 and 115, building work carried out to increase the number of bedrooms in a building to 12.

2017/006: Refusal to issue a building consent for the change of use from commercial to residential of one level in a multi-level building

• Note: This determination is subject to clarification.
• Discusses the assessment required under section 115, Building Code clause B1 Structure whether detailed seismic assessment is required for the whole building.

2016/042: Regarding the compliance of a detached building containing two self-contained units

• Fire safety, laundering, and food preparation, discusses the proposed use of the building and whether there will be a change of use under the Regulations.

2016/009: Notices to fix and the refusal to issue a certificate of acceptance in respect of the conversion of a double garage over a boundary

• Building work that was carried out without consent, double garage built across the boundary of two properties, discusses the use before and after the building work and whether there was a change of use, refusing to issue a certificate of acceptance, multiple notices to fix.

2016/008: Regarding whether there is a change of use in respect of the conversion of a house to include 13 bedrooms

• Alterations carried out without building consent, increase the number of bedrooms in a house to 13, rooms to be individually let, whether there was a change of use for the purpose of sections 114 and 115.

2010/072: The refusal to issue a building consent for a proposed change of use to an existing building to establish a restaurant

• This determination was subject to a clarification