Changes to Schedule 1 of the Building Act 2004
From 23 December 2010 Schedule 1 of the Building Act 2004 has been changed to allow for 15 new exemptions for building work that can now be done without a building consent. Changes were also made to some of the existing exemptions in Schedule 1.
What types of building work are now exempt?
The Department of Building and Housing has developed a guidance which sets out the exemptions and provides examples of where they will and will not apply. This is available on the Department’s website at: http://www.dbh.govt.nz/publications-about-the-building-act-2004. These exemptions should help home owners as well as builders to save time and money, and will allow building consent authorities to better focus on building consent applications which are more complex and of higher risk.
The primary purpose of Schedule 1 is to exempt building work that is minor and low-risk in nature and where the benefits of requiring a building consent do not exceed associated compliance costs. Work exempt under Schedule 1 is generally building work that will not significantly affect public safety or the structural integrity or fire safety components of the building.
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Repairs, maintenance and replacement
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Drainage and plumbing
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Windows and doors in existing buildings
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Improving access for those with disabilities
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Interior non-residential alterations
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Internal floor and wall linings, and finishes in dwellings
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Network utility operator infrastructure
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Signs
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Height restrictions gantries
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Retaining walls
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Internal walls
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Walls, fences and hoardings
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Dams
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Tanks and pools
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Tents and marquees
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Platforms (desks)
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Stalls
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Temporary storage
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Detached buildings
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Verandas, patios, porches and awnings
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Pergolas and shade sails
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Carports
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Installing thermal insulation in an existing building
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Penetrations with a maximum diameter of 30 cm
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Playground equipment
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Territorial authority discretionary exemptions\
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Demolition of a detached damaged building
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Repair or replacement of a damaged outbuilding
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Removal of sign or retaining wall equipment
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Plinths
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Recent Changes to the Bu
Restricted Building Wo
Seeking advice on exempt building work
Building owners are responsible for determining whether proposed building work is exempt from requiring a building consent and if so, ensuring exempt building work complies with the Building Code.
Building practitioners are also responsible for ensuring their work complies with the Building Code - even when that work is exempt. It is important to get good advice before deciding that building work is covered by the exemptions set out in the Building Act.
Where a home owner is unable to determine conclusively for themselves that the building work they wish to undertake is exempt, they should seek advice from an appropriate person or organisation. Certified Renovations are more than happy to assist in this regard - contact us now to find out if your renovation ideas are likely to require consent.
Important note: Even if building work
does not require a building consent, it is still a requirement of the Building Act that all building work must comply with the Building Code. For this reason, skilled building practitioners will often need to be engaged to carry out the work.
Recent Changes to the Building Act
The Building Act 2004, which replaced the Building Act 1991, affected the building consent process. The main changes to the consent process came into affect on 31 March 2005, when the 1991 Building
Main Cha
There are new forms which are required by the Act, including application fo
Owners must provide copies of licensed building practitioner (LBPs formerly known as independent qualified persons or IQPs) certificates with the building warrant of fitn
The Council is able to charge for inspection work related to the building warrant of fitness regime, including checking the details of the Warrant of Fitness and accompanying certificates.
If work that required a building consent has been completed without first obtaining one, owners cannot apply for the building consent retrospectively. Instead, owners can apply for a Certificate of Acceptance.
MINOR BUILDING
EFFECTIVE OCTOBER 16, 2008
There are a number changes, which came into effect on October 16, 2008, which will make it easier for homeowners to do minor building work without having to get Council Consent. The list of work that no longer requires a building consent
has been extended and now includes:
Changing existing household plumbing, including minor drainage work, as long as the work is done or signed off by a licens
plumber or drainlaye
Building or installing a small cabin near to an existing home, as long as the cabin is smaller than 10 m2 and does not have cooki
or sanitary facil
Removing or changing a non load-bearing wa
Installing or replacing windows or exterior doors, provided there have not been weathertightness problems and there is no chang
Article courtesy of the Department of Building and Housing
Making a home more accessible by widening doorways and building access ramps
Fitting out shop or office interiors where the work does not modify certain important building feature
Erecting tents or marquees, as long as they are smaller than 100m2 (for private use) and 50 m2 (for public use) and will not be used for more than a month
NOTE: THIS LIST IS NOT COMPREHENSIVE BUT COVERS MOST OF THE EXEMPTIONS PERTAINING TO DOMESTIC SITUATIONS. IF YOU ARE UNSURE, ASK YOUR LOCAL COUNCIL BEFORE DOING ANY WORK. BUILDING WORK THAT IS EXEMPT FROM HAVING A BUILDING CONSENT MUST STILL COMPLY WITH THE BUILDING CODE.
NOTE: THE BCA (COUNCIL) WILL OFTEN REQUEST ADDITIONAL INFORMATION TO THAT SUPPLIED AND THE 20-DAY CLOCK WILL STOP UNTIL THAT INFORMATION IS PROVIDED TO THE
Multiproof Appr
The MultiProof service, launched in 1 February 2010, enables volume builders to obtain a MultiProof or National Multiple-Use Approval for standardised building designs that are intended to be replicated seve
MultiProof approvals are issued by the Department of Building and Housing. A MultiProof is a statement by the Department that a specific set of building plans and specifications complies with the New Zealand Building Code. Under the Building Act 2004 (as amended in 2009), Building Consent Authorities must accept a MultiProof as evidence of Building Code compliance.
A building consent is still needed for a building with MultiProof approval. The role of Building Consent Autho
approve site-specific details, including foundat
ensure that any MultiProof conditions have been met, and undertake normal inspections during construct
Building Consent Amendments (and Minor Varia
Once building work has commenced as a result of the issue of the building consent, any desired changes to the building work which vary from the issued Building Consent need to be carefully considered to assess whether there is a requirement to apply for an amendment building consent, or whether the changed work can be considered to be a “minor variation”.
Contact can be made with the building section of your local council to ascertain whether the desired changes
To assist in working through the question for yourself, there is a helpful guide produced by the DBH titled “Minor variations to building consents: Guidance on definition, assessment and granting” Feb 2010 available
It is an offence for a residential property The parties have agreed otherwise in writing using the developer/purchaser agreement form provided by the Department of Building and Housing. (Note: The Council advises you to
