What building work is exempt?
Sections 17, 41-43, Schedule 1 Building Act 2004
Note that work that is not considered “building work” is de facto exempt from requiring consent.
The types of building work that are exempted from needing a Building Consent are itemised in schedule 1 of the Building Act 2004.
The list is based on work that is considered small in size, low risk, or governed by other legislation. Limitations often exist in terms of size and commonly 20 square metres.
The types of building work that are exempted from needing a Building Consent are itemised in schedule 1 of the Building Act 2004.
The list is based on work that is considered small in size, low risk, or governed by other legislation. Limitations often exist in terms of size and commonly 20 square metres.
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This includes items such as:
It is important to look at each of these areas in detail for specific limitations and applications.
Repairs and maintenance
Repairs and maintenance is a trickier topic to understand than one might think.
You can repair and maintain an existing building with a comparable component in the same position.
You cannot do exempt work in the following circumstances. you will need a building consent for:
Territorial and regional authority discretionary exemptions
The Territorial Authority also has discretion to exempt other work that it thinks is low risk (Schedule 1, Part 1, Clause 2).
The building work ordinarily needs consent.
An application is made (some councils have a special form for this).
The application argues that:
Either the completed building work is likely to comply with the building code,
OR
The work is unlikely to endanger people or any building, whether on the same land or on other property.
Other considerations
It is important to remember that this exempt building work must still meet the requirements of the Building Code (Section 17). It just means that there are no plans and drawings being checked nor any building inspections taking place by the BCA.
While this kind of building work does not need a building consent, it may still need Resource Consent or have constraints in place on location, height etc. imposed by the District Plan.
Some exempt building work requires that a professional perform, design or review the building work.
These can be Chartered Professional Engineers, Plumbers and Drainlayers, or Licensed Building Practitioners depending on the type of work involved.
Also note that the case law and determinations help to inform this area.
For example, while repair/maintenance work is normally exempt work, the case law outlines that:
It is wise for the owner to keep records of what has been done for future reference and for future sale information a new purchaser may want to have. Some Councils allow owners to store the information on their property files for future reference.
- General alterations, maintenance and removal
- Detached, standalone buildings
- Windows, doors and walls
- Plumbing and drainage
- Insulation and moisture barriers
- Porches, verandas and pergolas
- Platforms, decks and bridges
- Shelters, shades and carports
- Fencing and restrictions
- Playground equipment
- Pools, tanks and dams
- Signage
- Support structures
- Other structure
- Network utilities
It is important to look at each of these areas in detail for specific limitations and applications.
Repairs and maintenance
Repairs and maintenance is a trickier topic to understand than one might think.
You can repair and maintain an existing building with a comparable component in the same position.
You cannot do exempt work in the following circumstances. you will need a building consent for:
- complete or substantial replacement to structural components
- replacement of major fire safety components
- new or substantially replaced specified systems
- buildings that have failed durability timeframes
- any sanitary plumbing or drainlaying work
Territorial and regional authority discretionary exemptions
The Territorial Authority also has discretion to exempt other work that it thinks is low risk (Schedule 1, Part 1, Clause 2).
The building work ordinarily needs consent.
An application is made (some councils have a special form for this).
The application argues that:
Either the completed building work is likely to comply with the building code,
OR
The work is unlikely to endanger people or any building, whether on the same land or on other property.
Other considerations
It is important to remember that this exempt building work must still meet the requirements of the Building Code (Section 17). It just means that there are no plans and drawings being checked nor any building inspections taking place by the BCA.
While this kind of building work does not need a building consent, it may still need Resource Consent or have constraints in place on location, height etc. imposed by the District Plan.
Some exempt building work requires that a professional perform, design or review the building work.
These can be Chartered Professional Engineers, Plumbers and Drainlayers, or Licensed Building Practitioners depending on the type of work involved.
Also note that the case law and determinations help to inform this area.
For example, while repair/maintenance work is normally exempt work, the case law outlines that:
- the repair must be made with the same or comparable materials (Fairley v North Shore City Council)
- it must still comply with the Code (Newton v Stewart)
It is wise for the owner to keep records of what has been done for future reference and for future sale information a new purchaser may want to have. Some Councils allow owners to store the information on their property files for future reference.
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Case Law
Domet Investments Ltd v Zone Law Ltd [2016] NZHC 1584
Newton v Stewart [2013] NZHC 970
O'Byrne v Waimakariri District Council, HC Christchurch CRI-2011-409-65, 25 August 2011
Fairley v North Shore City Council HC Auckland CRI-2008-404-408, 4 May 2009
- This case looks at what is and is not exempt repair work.
Newton v Stewart [2013] NZHC 970
- This case discusses exempt work in relation to the term ‘lawful’ together with the Building Code.
O'Byrne v Waimakariri District Council, HC Christchurch CRI-2011-409-65, 25 August 2011
- This case involved the building of a six-bale hay shed without applying for consent.
Fairley v North Shore City Council HC Auckland CRI-2008-404-408, 4 May 2009
- This case concerned the replacement of a roof where the repair and maintenance must be carried out using comparable material.
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Most Recent Determinations
2021
2021/021: Regarding the withdrawal of a notice to fix for a retaining wall, near the boundary with another property
- Low retaining wall near a boundary that was constructed without building consent, whether the retaining wall was subject to a surcharge or load, and whether the wall was exempt from the requirement for a building consent under Schedule.
2021/016: Regarding the decision to issue a notice to fix for a retaining wall
- Notice to fix for retaining wall surrounding a tennis court in a rural location, clause 41 of Schedule 1 of the Act.
2019
2019/035: Regarding the refusal to issue an exemption under Schedule 1(2) of the Act for a proposed horse shelter
- Whether a proposed horse shelter was exempt from the need for a building consent, whether the authority was correct to refuse to issue an exemption under Schedule 1(2).
2018
2018/037: Refusal to grant exemption from the requirement to obtain a building consent for proposed seismic strengthening work
- Seismic strengthening work, refusal to grant exemption.
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).
2017
2017/086: Refusal to grant exemption from the requirement to obtain a building consent for recladding a house
- Whether the authority was correct to refuse to grant an exemption under Schedule 1(2) and 1(1).
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Older Determinations
2016
2016/053: Regarding the exemption from the requirement for a building consent for foundation releveling using expanding resin to a house
2016/019: Regarding the code compliance of a shed on wheels at a neighbouring property, and whether the shed is a vehicle or building
2016/018: Regarding the issue of a notice to fix for a two-cell earthship building
2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts
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
2016/008: Regarding whether there is a change of use in respect of the conversion of a house to include 13 bedrooms
2016/019: Regarding the code compliance of a shed on wheels at a neighbouring property, and whether the shed is a vehicle or building
2016/018: Regarding the issue of a notice to fix for a two-cell earthship building
2016/011: Regarding the issue of a notice to fix for a pit latrine, showering shed, water supply system, and two Shepherd's huts
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
2016/008: Regarding whether there is a change of use in respect of the conversion of a house to include 13 bedrooms
2015
2015/031: Refusal to issue compliance certificates for a 12 year-old shop, 8 year-old toilet block and alterations to a building consent
2015/024: Regarding the refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier
2015/022: Authority's refusal to grant a modification of clause 3.4a of the Building Code in respect of materials used for internal surface linings
2015/021: Regarding the refusal to issue an exemption under Schedule 1(2) for plumbing and drainage work
2015/016: Regarding the compliance of repairs to a foundation slab of a house
2015/006: The code compliance of, and whether consent was required for, a 1.0m high retaining wall adjacent the boundary
2015/003: Compliance of a retaining wall between two properties
2015/024: Regarding the refusal to issue a code compliance certificate for a 12 year-old house completed under the supervision of a building certifier
2015/022: Authority's refusal to grant a modification of clause 3.4a of the Building Code in respect of materials used for internal surface linings
2015/021: Regarding the refusal to issue an exemption under Schedule 1(2) for plumbing and drainage work
2015/016: Regarding the compliance of repairs to a foundation slab of a house
2015/006: The code compliance of, and whether consent was required for, a 1.0m high retaining wall adjacent the boundary
2015/003: Compliance of a retaining wall between two properties
2014
2014/050: The issue of a notice to fix requiring removal of a conservatory to the upper level of a house
2014/031: Regarding the authority's refusal to issue an exemption under Schedule 1(k) for a proposed greenhouse
2014/002: Regarding the issuing of a notice to fix for repairs to a house
2014/031: Regarding the authority's refusal to issue an exemption under Schedule 1(k) for a proposed greenhouse
2014/002: Regarding the issuing of a notice to fix for repairs to a house
2013
2013/071: The compliance of proposed repairs to an earthquake-damaged foundation including partial replacement of a concrete perimeter foundation wall
2013/008: Regarding the refusal to issue an exemption under Schedule 1(k) for a proposed farm implement shed
2013/003: Regarding the refusal to issue a certificate of acceptance for alterations to a house with monolithic cladding
2013/008: Regarding the refusal to issue an exemption under Schedule 1(k) for a proposed farm implement shed
2013/003: Regarding the refusal to issue a certificate of acceptance for alterations to a house with monolithic cladding
2012
2012/038: The application of certain conditions to an exemption issued under paragraph (k) of Schedule 1 in respect of an effluent tank
2011
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
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