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BUILDING CONSENTS

The Building Act 2004 governs all building work in New Zealand. This includes the construction of new homes and buildings, as well as the alteration, demolition and maintenance of existing buildings. Most building projects require a building consent and inspections throughout the process.

A building consent gives authority to begin building work, in accordance with the approved plans and specifications. The consent may contain conditions and will confirm inspection requirements necessary to ensure that the finished work complies with the approved plans and specifications.

When do I need a Building Consent? ñTop

A Building Consent is required for all work involving construction, alteration, demolition and maintenance of new and existing buildings.

Examples include:

Swimming pools and their fences, and spa pools. More on Swimming Pool fencing.
Retaining walls higher than 1.5m or that support loads from buildings or vehicles.
Garages and carports.
Structural building: alterations, extensions, re-piling.
New buildings.
Decks, platforms or bridges more than 1 metre off the ground.
Pergolas, fences or walls (higher than 2m).
Plumbing and drainage work (except repairs).
Heating including inbuilt and freestanding fireplaces, ventilation and air-conditioning systems.
Lifts.
Demolition of a building.
Relocation of a building.
Change of use of a building.
Sheds greater than 10 square metres in floor area.
Glass houses and conservatories.

You can also find out whether building work was approved on your property by obtaining a Land Information Memorandum (LIM). This report provides a summary of information held on a property, including consents issued.

Further information about specific types of building projects as listed above will be available on this website soon.

Are there any exemptions? ñTop

The following work are some examples where a Building Consent is not required:

Closing in an existing veranda or patio where the floor area is no more than 5 square metres.
Decks, platforms or bridges no more than 1 metre off the ground.
Retaining walls no higher than 1.5m and not carrying a surcharge (ie carrying no additional load other than level ground behind the wall).
Fences no higher than 2m
Single storey sheds with a floor area no greater than 10 square metres, and not containing sleeping accommodation, sanitary facilities, drinking water storage, and whose distance from the boundary is greater than the shed's own height (e.g. a garden shed).

Why do I need a Building Consent?

A Building Consent is required under section 40 of the Building Act 2004. This insures that the design is adhered to and meets the minimum standards set out in the Building Act 2004. It ensures that the building is safe and healthy to live in.

How long will it take to process?

Hauraki District Council will take 20 working days to process the Building Consent application and either accept or reject it.

If the Building Consents Officer finds that the information or designs provided with the application are insufficient to ensure that the project meets the requirements of the Building Code, a request will be made for further information. The processing time is suspended until the matter is resolved.

A Building Consent application can not be fully processed until Council receives all information.

How do I apply for a Building Consent? ñTop

To apply for a Building Consent you will need to complete a Building Consent and/or Project Information Memorandum (PIM) Application - Form 2 (107KB). You will need to make sure you provide all of the information requested. Sometimes you will need to get advice from a specialist e.g. registered engineer (geotechnical and/or structural), architect, draughtsperson, surveyor, building consultant etc.

The Hauraki District Council has developed a user friendly application guide with an application checklist to make the building consent process as straight forward as possible. Please use the Guide for Building Consent (90KB) to assist you with your application.

A Certificate of Title is required when applying for Building consent and is generally made available through your solicitor or may be obtained from Land Information NZ.

Send the completed Building Consent Application Form, the Certificate of Title and the deposit fee to:

Hauraki District Council
PO Box 17
PAEROA

If you are unsure whether your building activity requires a consent, or if you require further information, please contact a building officer at the Hauraki District Council.

What will a Building Consent cost?

View the Schedule of Fees. If you require further clarification please contact one of our Council Offices.

How soon can work be started? ñTop

No physical work can be started until the Council has granted the Building Consent. If you start to build before this, you are liable for a fine.

How long does a Building Consent last for?

The work must be started within 12 months of consent being granted, unless an extension has been agreed to. After this period, the consent will be cancelled and the owner will have to reapply before work can commence. The work needs to be completed within 2 years as the Code Compliance Certificate must be issued with in 2 years of the consent being granted.

What happens if I want to change my plans after I have been granted a Building Consent? ñTop

Minor changes, which are also referred to as amendments, such as hanging a door differently or changing from a gold to chrome plate tap will not require an amendment. The detail of the change should be documented. Work with your inspector to document these changes. Significant variations will require a formal amendment application. An example is a wardrobe changing to an ensuite. Building work not affected by this amendment could continue. Product substitution is common in New Zealand and should not require an amendment as long as the work continues to meet the Building Code. Changes need to be documented and again you should liaise with your inspector to see that this is done. Adding to the consented footprint for example making a three bedroom dwelling into four will require application for a new building consent.

You will need to submit the altered plans to the Building Consents Team for assessment using the Application to Amend Building Consent – Form 280 (56KB)

What is an Amendment?

:An amendment is an alteration to the original Building Consent Plans that does not:

affect the value of the project by a significant amount
alter the gross floor area

If the proposed alteration to the original Building Consent Plans:

alters the value of the project
alters the gross floor area
is an additional, separate structure

then a new building consent application is needed.

What is a staged consent and when should I apply for one? ñTop

Section 44(2) of the Building Act 2004 allows an owner to make a series of applications for building consents for stages of a proposed building work.

The Building Act 2004 does not provide for interim code compliance certificates.

Applications that might be staged are:

large multi-storey buildings
multi-unit apartments or development blocks
shopping malls
site works, foundations and drainage, with the balance of work completed under a separate stage (this situation might occur where it is desirable to start the project early but where plans and calculations have not been completed for the balance of the work)

In these situations it may take some time to complete the entire development, but it may not be practicable or desirable to wait for all work to be completed for final payment.

Section 363 states that it is an offence to use public premises that are affected by building work and have not had a code compliance certificate issued (for further information on the use of public premises refer to T-47).

Section 364 states that it is an offence for a residential property developer to transfer a household unit before a code compliance certificate has been issued.

In the case of public premises:

Premises can not be used by the public without a code compliance certificate or certificate for public use. It is an offence to permit the use of the premises intended for public use (refer to T-33 and T-47). In these situations it may be preferable to stage the consents so that some parts of the building can be completed, issued with a code compliance certificate and therefore be used.

In the case of a residential property developer:

Where the application involves building more than one household unit, it may be preferable for the developer to stage consents so a code compliance certificate can be obtained for each unit.

In other cases:

The decision to stage the consent will depend on financial or other considerations such as timing, costs, etc.

Clearly identify the number of proposed stages.

Ensure data entry correctly identifies that this is a staged consent.

Clearly identify the nature of work involved, for example, foundations and drainage only.

Determine value of building work.

If this is the first stage and the value of the building work is less than $20,000, no Department of Building and Housing levy is payable.

If this is the first stage and the value of the building work is more than $20,000, assess the Department of Building and Housing levy accordingly.

If this is the second stage and the value of the first stage was less than $20,000, add the value of the first stage to the second stage to determine fee payable (fee is cumulative).

If this is the second stage and the value of the first stage was more than $20,000 but the value of the second stage is less than $20,000, calculate fees based on value of second stage.

Example 1:

Stage 1 Foundations and drainage, building value $18,000
(No fee payable)

Stage 2 Balance of work, building value $180,000
Fee payable on Stage 1 plus Stage 2, building value $198,000
Fee charged at Stage 2

Example 2:

Stage 1 New Dwelling excluding drainage $180,000
(Fee payable on $180,000)

Stage 2 Drainage building value $18,000
(Fee payable on $18,000)

In both scenarios the total value of building work was $198,000, which is the figure the levy should be based on.

Assess the plans to ensure only the building work that is to be covered by the staged consent is included on the consent plans.

This is important because a code compliance certificate can only be issued against the consent plans.

If this is the second or subsequent stage, check to ensure previous stages are complete and, where possible,
issue with a code compliance certificate.

Continue processing application in normal manner

What happens if building has been done without a Building Consent? ñTop

If you build without a Building Consent you are liable for a fine and may also have trouble selling the building or obtaining insurance. If the building is damaged or destroyed because of a fault occurring in the unauthorised work, an insurance company could legally refuse to pay you.

With the introduction of the Building Act 2004 the service of providing what has been commonly known as 'Safe and Sanitary Inspections' has been discontinued. There is no longer the ability to make an application to Council for this service.

The Building Act 2004 allows for a person to apply for a 'Certificate of Acceptance' for any work that has been completed without a Building Consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A 'Certificate of Acceptance' must be applied for on the appropriate form - Application for Certificate of Acceptance (70KB)

A Certificate of Acceptance is usually issued for urgent and minor works, such as a retaining wall that has been built because there was a slide in a hill.

For any work completed without a Building Consent and prior to 1 July 1992 there is no process available through Council for acceptance or qualification of this work. Where such building work is the subject of a condition for a building report in a sale and purchase agreement, then you will need to obtain the services of a qualified person from the private sector.

Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of building users then you need to refer the matter to Council at the earliest date.

What is a PIM? ñTop

A Project Information Memorandum (PIM) is a report prepared by council about your building project as required by the Building Act.

A PIM is issued in one of two ways:

A PIM is prepared before the owner applies for a Building Consent to make sure the building project is feasible from the start. Fees incurred are absorbed into the Building Consent fees if the owner proceeds with the building consents process, or
A PIM is prepared as part of a Building Consent.

A PIM provides the information Council knows about:

special features of the land including potential: erosion, subsidence, presence of hazardous contaminants, mine workings, etc which are likely to be relevant to the design, construction or alteration of your proposed building.
land or buildings classified by any statutory organisation, such as the New Zealand Historic Places Trust or the Department of Conservation.
details of stormwater or wastewater utility systems which relate to your proposed building work, or which are adjacent to your building site.
details of any authorisations under other Acts which council requires, and details of the requirements to be met and the conditions they will be subject to. The most common authorisations will be resource consents required under the Resource Management Act 1991.

The Council strongly recommends you apply for a Project Information Memorandum (PIM) before the Building Consent application is submitted. This will prevent delays to the Building Consent process because the PIM will provide information required to correctly design the building and identify whether other Authorities need consulting before the Building Consent can be processed.

To apply for a PIM you will need to fill out a Building Consent and/or Project Information Memorandum (PIM) Application - Form 2 (107KB). Please use the Guide for Building Consent (90KB) to assist you with your application.

What is a Code Compliance Certificate? ñTop

This is a certificate issued by a Building Consent Authority at the completion of building work, confirming that the building work complies with the requirements of the Building Act 2004 and has been built in accordance with the approved plans and specifications. An owner must apply for a Code Compliance Certificate after all work set out in the Building Consent approval has been completed. A CCC will be issued within 20 days.

Application for Code Compliance Certificate - Form 6 (67KB)

What are building inspections for?

Building Consent Authority inspectors will inspect your building activities to ensure they comply with the approved plans. Some consents will require several different inspections depending on the building. The conditions on your Building Consent will inform you what inspections are required for your particular project. Remember to make an inspection appointment ahead of time, so that your work schedule will not be held up.

Building inspections ensure the work is meeting the approved plans and specifications. These occur at regular stages in the building process: foundations, framing and insulation, plumbing, drainage, cladding and flashing and when the building is finished. This allows the inspectors to gather enough information to issue the Code Compliance Certificate.

To request a building inspection please contact the Council.

How do I connect to Council Services (water, sewerage and stormwater)? ñTop

To connect to Council Services (water, sewerage and storm water) you will need to fill out an Application for Services Form (100KB)

The following guide will assist you to complete the Application for Services form: AS BUILT Guide (167KB) This form is generally filled out by your plumber to identify the positioning and type of drains, pipes, soak holes, septic tanks, etc, to be installed on the property.

Is electrical and gas-fitting work included in the Building Consent?

Electrical and gas-fitting is now called Energy Work and is part of the Building Consent if:

the work relates to a Compliance Schedule item as contained in Section 44 of the Building Act 1991
a modification / waiver from the Building Code or any approved documents, has been requested for the Energy Work
the owner/agent chooses to include Energy Work in the Building Consent.

Heating - What do I need to know? ñTop

The installation of a wood-burning heater requires a Building Consent.

After 1st September 2005 all wood-burners installed on properties less than 2 hectares must have a discharge of less than 1.5 grams of particles for each kilogram of dry wood burnt, and a thermal efficiency at least 65%. Make sure the heating for your home is on the approved wood burners list. A list of approved wood burners can be picked up from the Ministry for the Environment.

If you have any further questions about the installation of wood-burning heaters you can email the Ministry for the Environment or phone their Auckland Office on 09 985 4800.

What is an IQP (Independent Qualified Person)/LBP (Licensed Building Practitioner)? An Independent Qualified Person (IQP) is now referred to as a (Licensed Building Practitioner) LBP. An LBP is a person (or firm) approved by a territorial authority as qualified to inspect, maintain and report on certain specified systems (i.e. smoke control system, lifts and automated sprinkler systems). Furthermore, an IQP can advise on and inspect amendments that have been made to a Compliance Schedule.

Compulsory licensing for designers, site supervisors and some trades will be mandatory from November 2009. DBH will be responsible for licensing Licensed Building Practitioners (LBP’s) and people will be able to begin applying for some licences on a voluntary basis from November 2007.

A national register will be maintained by the Department of Building and Housing. This will help members of the public to determine whether a person is qualified, choose an appropriate LBP and to make contact to identify which LBP has been disciplined within the last 3 years.

For more information about licensing contact the DBH on 0800 60 60 50 or email buildings@dbh.govt.nz or visit their website www.dbh.govt.nz

What is a Compliance Schedule (CS)? ñTop

A Compliance Schedule lists the specified systems within a building (e.g. sprinkler systems, lifts, smoke detectors). These systems ensure a building is safe and healthy for members of the public to enter, occupy or use.

The Compliance Schedule for a building must identify which specified systems are present, the performance standards for those systems, and how those systems will be monitored and maintained, as well as inspections and reporting required to be carried out to ensure they will continue to function.

To apply for a CS please complete the relevant sections in the Building Consent and/or Project Information Memorandum (PIM) Application - Form 2 (107KB).

What is a Compliance Schedule Statement (CSS)?

A Compliance Schedule Statement is issued with the Compliance Schedule. The CSS must be displayed in a public area within the building site at all times and made available to Council Officers, Independent Qualified Persons (IQP), and authorised agents. The CSS is a temporary public notification which will need to be replaced in 12 months time and every 12 months thereafter by the Building Warrant of Fitness.

When would I need to amend a Compliance Schedule Statement (CSS)? ñTop

An amendment to the Compliance Schedule Statement means there is need to change the Compliance Schedule Statement the Council has issued as a part of the CCC.

An Amendment to a Compliance Schedule Statement is needed when :

An owner wants to or needs to make a change to a specified system (i.e. an elevator, automatic door, fire alarm etc) or
The Building Code has changed and your specified system/s requires new regulations or standards to be met.

After the amendments to your specified system/s have been made, you will need an IQP to inspect and certify that the changes have been met, and comply with the amended Compliance Schedule.

What is a Building Warrant of Fitness (BWOF)?

A BWOF is a signed statement from the owner that proves the Compliance Schedule requirements have been fully met for the previous 12 months. The issuing of a BWOF is a responsibility of the building owner.

The BWOF is usually prepared by the Independent Qualified Person (IQP) for the owner and must have all of the reports prepared by the IQP attached to it. The owner signs the Building Warrant of Fitness (56KB) and sends it with all reports attached, to Council.

A copy of the BWOF is required to be displayed in a public area of the building. The BWoF replaces the Compliance Schedule Statement. It is advisable that copies of the IQP’s reports and any maintenance documents are to be retained by the owner.

What is a Producer Statement and how do I get one? ñTop

It is a statement (e.g. design certificate or construction review) confirming that plans, specifications or completed works, for all or a specific part of a building, comply with certain technical requirements that will satisfy the Building Code. The Hauraki District Council Building Consent Authority(BCA) will accept producer statements from Chartered Professional Engineers working within their fields of expertise. All non Chartered Professionals should complete the application form(Form295) to be included on Council's Producer Statement Author Register.

How to get one: Where the BCA requires it the applicant will need to approach the specialist. It would be advisable, if in doubt, to talk to the BCA first.
There is no provision in the Building Act 2004 for producer statements but they are still desirable as a means of providing specialist input into the Building Consenting Process.

Producer Statement Authors: The Hauraki District Council will keep a register of individuals or organisations qualified to provide Producer Statements. Organisations or individuals may apply to be accepted as a Producer Statement Author. Read more about, and view the Producer Statement Author Register. Apply to join the register: Application for Acceptance as a Producer Statement Author (24KB)

The Chartered Professional Engineers (IPENZ) register will be used in conjunction with the Council's register. This can be found on the IPENZ website. Accordingly this register will not be repeated on the Council's register.

What is an Acceptable Solution?

An Acceptable Solution is a prescriptive design solution comprising step-by-step instructions which, if followed, is deemed to comply with the Building Code. Acceptable Solutions and Verification Methods are contained in the Department of Building and Housing's Compliance Documents, and often quote other documents such as New Zealand Standards. Designers and builders are not obliged to use Acceptable Solutions, and may put forward their own alternative solution proposal. If you would like to know more about Acceptable Solutions please refer to the DBH website.

What is an Alternative Solution?

An Alternative Solution is a design solution that differs totally or partially from Acceptable Solutions or Verification Methods in the Compliance Documents, yet complies with the performance requirements of the Building Code. These are ‘standalone’ solutions put forward and substantiated by the building consent applicant and considered and approved on their individual merits by a building consent authority. If you would like to know more about Alternative Solutions please refer to the DBH website.

What are Council’s requirements if I want to relocate a building? ñTop

To relocate a building from one place to another the owner of the building will need to make sure Council’s requirements are met. Council’s requirements vary depending on whether the building being relocated is new or second hand, and where the building is being re-located from. All relocated buildings will need to go through a Building Consent process.

The owner will need to lodge a Building Consent Application. The Building Consent is for the foundations and associated things such as stormwater, sewerage, compliance with the District Plan, height in relation to boundaries, etc. The information below provides additional requirements in relation to relocation circumstances.

It is strongly recommended that photos of any “second hand” dwelling and details of the intended site be provided to Council’s Planners for assessment for suitability prior to a Building Consent being applied for.

Relocating new buildings
To relocate a new building, the owner will need to lodge a Building Consent application form with a Code Compliance Certificate (CCC). The manufacturer of the building should supply the new owner of the building with the CCC. For more information on CCC please refer to the CCC section.

Relocating other buildings from one location within the Hauraki District to another
To relocate a building from one location within the Hauraki District to another, the prospective owner of the building will need to get a building report. The report can be issued by one of Council’s BCA Officers. The BCA Officer will need to inspect the building to evaluate whether the building is structurally sound and suitable for relocation. The Building Inspector will also provide photo’s and details of the proposed site to Council’s Planners for assessment of the suitability of the dwelling for the proposed site. The owner will need to include the report to the building consent application form. The report will need to include interior and exterior photographs of the building. There is a fee payable for this assessment.

Relocating a building from outside of Hauraki District into the Hauraki District
To relocate a building from outside of the Hauraki District into the Hauraki District the prospective owner will need to obtain a building report. Councils Building Consent Authority Officers can produce the report. Alternatively, and certainly if the building is located in excess of 120 km’s from the district , the owner will need to supply a report from a recognised building inspection service or BCA for the area. The report will need to include interior and exterior photographs of the building and should be attached to the Building Consent Application Form. There is a fee payable for the assessment. The owner will also need to include details of the proposed site that will need to be provided to Council’s Planners to allow an assessment to be made of the suitability of the dwelling for the site.

What is a Resource Consent and when do I need one? ñTop

The first step in applying for a Building Consent is to check with the Council's Planning and Environmental Services Department about whether or not Resource Consent is needed for the planned building project. If you plan to build or use your land in a way that does not fit with the Hauraki District Plan, then you need to apply for permission to do so. This is a resource consent. If it is not granted, you will have to change your plans to meet with the Hauraki District Council’s planning requirements.

It is strongly advised that you discuss your proposal with one of Council’s Planning Officers. For the more simple application, this can be done over the phone, e.g. to build a garage in the front yard.

For more complex proposals you should make an appointment to see a Planning Officer.

The Planning Officer can:

help you to fill in the forms
advise you what information you need to provide with the application
advise you who to consult to ensure the quickest and least costly processing of your application.

Application for Resource Consent - Form 9 (100KB)

Affected Persons Response Form (36KB)

Application For Change Or Cancellation Of Resource Consent Condition - Form 10 (22KB)

Further information about Resource Consents will be available on this website soon.

Is there anything else I need to know? ñTop

1. In the event that you may disagree with a decision of a building official the following procedure should be followed:

In the event of any disagreement, and prior to the building official making any final decision, the building official should have discussed the matter with colleagues and where prudent obtained an independent opinion. Having completed this process and the disagreement remains you are entitled to take your grievance to the Department of Building and Housing (DBH).

This is done by applying to the DBH for a Determination. Form 14, Application for a Determination is available from the DBH web site. Upon receiving your application the DBH will consider all matters and make a decision that is binding on all parties. The DBH have a time frame of 60 working days, subject to having all the necessary information, to make the determination.

2. Building work that is outside the expertise of Council staff may be checked and/or inspected by another party that is qualified and experienced in the specific field. Any party contracted by Council to undertake such work will be required to undertake the work in strict accordance with Council’s quality systems.

3. The conditions of contract between you as applicant and Council are as implied by the Building Act 2004 and the Building Regulations.

4. Where there is a conflict of interest, financial or otherwise, on the part of a Council Officer the Building Consent application will be processed and inspections undertaken by officers with no conflict of interest. If this is not possible Council shall engage another party qualified and experienced to undertake the technical checking and/or inspections of the building work.

5. If during the course of construction an amendment or variation to the building work is necessary, this can be done as an amendment to the Building Consent. It is essential that all amendments are approved before the amendment or variation is undertaken. An amendment to a Building Consent is applied for in the same manner as the original consent. If the amendment is only minor Council may agree to simply note the current consent. This will need to be discussed with Council.

6. Large or complex buildings can be undertaken in stages and be consented accordingly. Although additional costs will be incurred this does provide an option to enable a prompt start on your building project.