Building consent explained
Most building work in New Zealand needs a building consent before it starts. The building consent authority has 20 working days to process an application, and the same 20 working days to decide a code compliance certificate at the end. This page covers what needs consent, what is exempt, the clock, and what happens if you skip it.
The default is that you need one
The Building Act 2004 requires a building consent for building work unless the work is exempt. That is the right way round to think about it. You are not looking for a rule that says your job needs consent, you are looking for an exemption that covers it, and if you cannot find one clearly then you need the consent.
Schedule 1 exemptions
Schedule 1 to the Building Act lists work that does not need a consent. It is genuinely useful and genuinely narrow. The categories most often relied on are a single storey detached building within a floor area limit, certain outdoor structures, and like for like repair and replacement using comparable materials.
Three traps inside it are worth naming.
- Exempt does not mean unregulated. Exempt work still has to comply with the Building Code. You simply do not need a consent to prove it. If it fails, it is still non compliant building work.
- Like for like has limits. Replacing a component with a comparable one is exempt. Upgrading it, moving it, or changing what it does usually is not.
- Other rules still apply. A resource consent under the Resource Management Act, and district plan rules on height, coverage and boundary setbacks, are separate from building consent and are not waived by a Schedule 1 exemption.
The 20 working day clock, and how it stops
The building consent authority has 20 working days to process an application. That is a statutory clock, not a service target.
What everyone discovers is that the clock stops. A request for further information suspends it, and it restarts when the information is provided. An application submitted with gaps can therefore take months while formally staying inside the 20 days, and the authority has done nothing wrong. The single most effective thing you can do for your programme is submit a complete application.
Working days also exclude weekends, public holidays and a period over Christmas, so 20 working days is never 20 days and is at its longest in December and January.
Code compliance certificate at the end
When the work is finished you apply for a code compliance certificate. The authority again has 20 working days to decide, and again the clock stops for further information.
A CCC is what tells a future buyer, a bank and an insurer that the work was completed to the consent. A house with consented work and no CCC is a problem at sale, and chasing one years later, once the builder has moved on and the producer statements are in someone else’s filing cabinet, is far harder than getting it at the time.
Restricted building work and LBPs
Restricted building work is the work that affects a home’s primary structure or weathertightness, and it has to be carried out or supervised by a Licensed Building Practitioner. The LBP provides a memorandum, often called a record of work, on completion.
The owner builder exemption lets a homeowner do restricted building work on their own home under defined conditions. It is real, it is limited, and it is not a way around using an LBP on a project you are building for someone else.
What happens if you build without consent
Building without a required consent is an offence under section 40 of the Building Act, and it carries a fine. The prosecution is rarely the worst part.
The worst part is the certificate of acceptance route. Unconsented work discovered later is regularised through a CoA rather than a consent, and a CoA is explicitly a weaker document: it records what the authority was able to inspect, which by then is usually much less than a consent process would have seen. Work that is closed up may have to be opened. The CoA follows the property, shows up in a LIM, and gets negotiated against at sale.
Keep the consent paperwork with the job
Built Simple stores consent documents, inspection records and site photos against the project so the CCC application is not an archaeology exercise. Free to start.
Frequently Asked Questions
Do I need a building consent in New Zealand? Assume yes unless the work is clearly covered by a Schedule 1 exemption. The Building Act 2004 requires a consent for building work unless it is exempt, so the exemption is what you have to find.
How long does a building consent take? The building consent authority has 20 working days to process the application. The clock suspends whenever further information is requested, so an incomplete application can take far longer while formally staying inside the 20 days.
What is a code compliance certificate? It is the authority’s confirmation that the completed work complies with the building consent. You apply for it when the work is finished, and the authority has 20 working days to decide. Banks, insurers and buyers all look for it.
What is exempt under Schedule 1? Categories include certain single storey detached buildings within a floor area limit, some outdoor structures, and like for like repair or replacement. Exempt work still has to comply with the Building Code, and some exemptions are conditional on an engineer or Licensed Building Practitioner being involved.
What is restricted building work? Work affecting a home’s primary structure or weathertightness. It must be carried out or supervised by a Licensed Building Practitioner, who provides a record of work on completion. A limited owner builder exemption exists for your own home.
What happens if I build without a consent? It is an offence under section 40 of the Building Act and carries a fine. The work is then regularised through a certificate of acceptance, which is a weaker document than a consent, may require closed work to be opened up, and appears on the property record at sale.
Is a resource consent the same as a building consent? No. They are separate. A Schedule 1 building consent exemption does not exempt you from district plan rules on height, coverage and setbacks, or from needing a resource consent.
Related calculators and guides
Sources
- Building Act 2004, including Schedule 1 and section 40.
- New Zealand Building Code, Schedule 1 to the Building Regulations 1992.
- building.govt.nz, Ministry of Business, Innovation and Employment.
