Building Consents

The Building Act 2004

The Building Act 2004 provides for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards, to ensure that:

People who use buildings can do so safely and without endangering their health; and
Buildings have attributes that contribute appropriately to the health, physical independence, and well-being of the people who use them; and
People who use a building can escape from the building if it is on fire; and
Buildings are designed, constructed, and able to be used in ways that promote
sustainable development.

To achieve this purpose, the Act requires anyone proposing to do building work to obtain a project information memorandum and a building consent from a building consent authority before commencing building work.

What is a Building Consent Authority?

Project Information Memorandums (PIM)

A project information memorandum is a memorandum issued by the territorial authority (Council) which sets out information relevant to your building work.

Information on special land features including potential:

• erosion
• avulsion (removal of land by water action)
• falling debris
• subsidence
• slippage
• alluvium (the deposit of silt from flooding)
• The presence of hazardous contaminants which are likely to be relevant to the design, construction or alteration of your proposed building which are known to Council.

Details of stormwater or wastewater utility systems which relate to your proposed building work, or are adjacent to your building site.

A project information memorandum also identifies any additional approvals required such as:

• Resource Management Act
• New Zealand Historic Places Trust (heritage buildings / sites)
• New Zealand Fire Service Commission

The memorandum also includes:
Confirmation, subject to other provisions of the Act that you may carry out the building work subject to

• The requirements of the building consent, and
• All other necessary authorisations being obtained

Important: A project information memorandum does not give any form of approval under the District Plan or Building Act. Contact the Planner, or your own planning adviser to determine that your proposal complies with the District Plan. If it does not, and resource consent is required, you are strongly advised to obtain this before seeking building consent to avoid possible expensive changes to your proposal,

Do I need a Project Information Memorandum?

How to apply for a PIM

Documentation required

How long does it take?

Building Consents

A building consent is the formal approval issued by a building consent authority (BCA)
that certain works meet the requirements of the New Zealand Building Act, Building Regulations and Building Code. You cannot undertake any building work that requires a building consent without this approval. Most building work requires a building consent but some minor work is exempt under the Act.

When is a Building Consent required?

How long does it take to get a Building Consent?

How do I apply for a Building Consent?

How long is my building consent valid for?

What sort of information do I need?

How much will it cost?

How do I lodge an application?

How is my application processed?

How will I be notified of the approval?

What are Building Consent Conditions?

The Inspection Process

When your application is processed, the building officer will determine what inspections are necessary. Each inspection will be identified on your site check sheet attached to your building consent.

Sometimes it is necessary for specialists to conduct inspections in addition to the inspections carried out by the building consent authority. If a specialist inspection is necessary you will be advised before the consent is issued. Generally, these inspections are necessary to confirm ground stability or specific design by a registered engineer.

Please ensure you read inspection requirements and are familiar with them before commencing work. If in doubt, please ask.

How do I book an inspection?

How do I know if the inspection has been passed?

What if the inspection has not been approved?

What is a Notice to Fix?

Do I need a final inspection?

Code Compliance Certificates

A code compliance certificate is the final approval that all works undertaken comply with the building consent. You must apply for a code compliance certificate after all work has been completed. This is an important document and should be retained for future reference.

Sales by Residential Property Developers section 364

Commercial and Industrial Properties

If your building is open to the public, whether for tree or payment of a charge, the building can not be used / occupied until a code compliance certificate is issued. This is because public premises will generally have systems within the building which contribute to life safety and well-being of the building user. (These systems are called specified systems). In certain circumstances it may be possible to apply for a certificate for public use, which will allow a building to be used before the code compliance certificate is granted. Each application will be considered on a case-by-case basis.

What are Public Premises?

What is a Compliance Schedule?

What is a Compliance Schedule Statement?

How do I obtain a Compliance Schedule?

What information do I need if I am applying for a Compliance Schedule?

What documents should I keep regarding the Building Warrant of Fitness?

What is an IQP (Independent Qualified Person)or an LBP (Licensed Building Practitioner)?

Complaints

What happens if I am unhappy about any decision the Building Consent Authority has made?
You have the right to appeal any decision the building consent authority has made, or complain about any building control function the building consent authority undertakes. A customer has a right to complain and have their complaint managed

What is a building control function?

How do I make a complaint?

What information is required?

How long does it take?

Do I have a right of appeal?

What else can I do?

Dams

Dam means an artificial barrier and its appurtenant structures that:

is constructed to hold back water or other fluid under constant pressure so as to form a reservoir
is used for the storage, control, or diversion of water or other fluid
retains 3 or more metres depth and holds 20,000 or more cubic meters volume, or water or other fluid.

A dam includes:

A flood control dam
A natural feature that has been significantly modified to function as a dam
A canal.

A dam does not include a stop bank designed to control floodwaters. All dams that meet this criterion are required to obtain a building consent from the relevant regional council.

What is an Appurtenant Structure?

What if my proposal does-not meet the definition of a dam?

Do I need a building consent for a dam?

Do I need a Project Information
Memorandum for a dam?

What inspections do I need?

What information do I need for Building Consent?