Exemption rules - Read the fine print
Read the fine print!
There are many ways to interpret the written word, and this applies to interpreting the legislation. When deciding whether the building works you are planning doesn’t require a building consent, ensure you read and understand the clause in its entirety, especially the however sub-clauses.
There are many ways to interpret the written word, and this applies to interpreting the legislation. When deciding whether the building works you are planning doesn’t require a building consent, ensure you read and understand the clause in its entirety, especially the however sub-clauses.
For example, Schedule 1 Pt1 Section 3 – Single storey detached buildings not exceeding 10sqm in floor area – states:
- The floor level can only be 1m maximum off the supporting ground, with the building height equal to or less than 3.5m above the floor level.
- Is equal to or less than 10m2 floor area.
- It doesn’t contain any sanitary fixtures.
- If there is no dwelling within proximity of the building, it cannot be used as a sleepout.
- The building cannot be closer than its own height away from a residential building or the boundary – refer to cl. (2) of Schedule 1 Pt 1(3)(2)
Therefore, if your detached sleepout is
less than 10sqm, is supported on a concrete slab on grade floor, the roof apex
is 3m above the floor level, it does not have any plumbing fixtures, is 3.5m
from the boundary and 1.2m away from the detached dwelling, then it is not exempt,
and a building consent is required.
Reason: the sleepout is not its own height away from the residential building.
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Most Recent Determinations
2023-09:
Regarding the authority’s decision to refuse an application for a discretionary
exemption.
2023-025: Regarding the authority’s decision to issue a notice to fix for a container arch that was constructed without a building consent.
2023/014: Regarding the requirement for a building consent for building work to a relocated building.
2022/021: Regarding the notice to fix issued for the construction of a replacement garage without first obtaining a building consent.
- Note: the determination process found the discretionary exemption cannot be applied retrospectively once the work has been carried out.
- Regarding the authority’s refusal of an application for a discretionary exemption from the requirement to obtain a building consent for the construction of the bridge.
2023-025: Regarding the authority’s decision to issue a notice to fix for a container arch that was constructed without a building consent.
- Note: the determination process found that the building work did not meet cl. 3A of Schedule 1 as several criteria were not met.
- Regarding whether there was contravention of section 40 of the Building Act 2004, and whether the owner is specified person that has contravened the Building Act.
2023/014: Regarding the requirement for a building consent for building work to a relocated building.
- Note: the determination process found that the building work was not exempt under clause 15 of Schedule 1.
- Regarding the authority’s decision to require a building consent for work carried out to a relocated dwelling to extend a kitchen, and whether the building work falls within the scope of building work exempt under cl. 15 of Schedule 1 of the Building Act 2004.
2022/021: Regarding the notice to fix issued for the construction of a replacement garage without first obtaining a building consent.
- Note: The determination process found that the replacement has been made with a comparable outbuilding and Schedule 1 cl. 7(b) has been satisfied.
- Regarding whether the building work to construct the garage is exempt under cl 7 of Schedule 1 of the Building Act 2004