Building Frequently Asked Questions
A building consent is a formal approval from Council under the Building Act 2004 that allows a person to carry out building work. This includes work related to construction, alteration, demolition or removal of a building. Council will only issue the building consent when satisfied that the proposed building work meets the requirements of the Building Code.
You cannot carry out any building work without a building consent, except for a few minor exceptions set out in Schedule 1 of the Building Act. For example:
- Decks less than 1.5m in height
- Retaining walls less than 1.5m high that do not support any surcharge or additional load such as vehicles on a road
All building work must meet the minimum requirements of the Building Code even if a building consent is not required.
This depends on the complexity of your project, its total estimated value and the level of detail provided. The fee will be invoiced on approval and will need to be paid prior to the consent being uplifted. If you choose to cancel the consent or not go ahead, there will still be fees payable for the services incurred. For more information, visit our fees and charges page. Fees for processing time are also applicable if, during the consent process, RFIs (Requests for Information) are not provided within the prescribed timeframes. In this case the Building Consent will also be Refused/Cancelled .
If the value of your application is more than $20,000, your fees will include levies Council is required to collect on behalf of the Ministry of Business Innovation and Employment, Building Housing Group and the Building Research Association of New Zealand.
Payments for building consents can be made by cash or EFTPOS at any of Council's service centres or may be paid online. The final invoice must be paid before your building consent can be uplifted.
Building consent processing time depends on the complexity of your project and whether or not you have provided us with sufficient information. All consents are required to be approved within 20 working days. However if information is deficient the clock is stopped and you will be asked to provide further information. The clock restarts once all requested information is received.
- You need to start your building work within 12 months of receiving your building consent, or your consent will lapse.
- If your build is delayed you may apply for an extension of time. These are considered on a case by case basis. Requests must be made on the appropriate form and received before the expiry date.
- You have two years to complete your building work, starting from the day the consent is granted, unless you agree otherwise with your council.
- Within the two years (or at the end of an agreed period), your council has to decide whether to grant a code compliance certificate or take another regulatory path.
Extension of Time Application- Apply via online services page.
A Project Information Memorandum (PIM) sets out any information Council has that may affect your proposed project. This may be useful when designing the structure as it gives information such as compliance with the District Plan, land structure, current drainage positions and any natural hazards that may affect the site. For example, sometimes a PIM will specify the need to obtain a resource consent before you begin building work. The District Plan sets out which activities will require resource consent.
Even though applying for a PIM is optional, it is strongly recommend you do so before lodging a building consent with us, as it can provide valuable information and could prevent delays in processing your application.
An owner may apply for to a Territorial Authority for a Certificate of Acceptance in the following instances:
- Where building work undertaken after 1 January 1993 required a building consent but one was not obtained.
- Where a building consent was approved by a building consent authority other than this Council. For example, private certifiers and a Code Compliance Certificate has not been issued.
- Where urgent work as defined in Section 41(1)(1) of the Building Act has been completed without a building consent. Urgent work' means work that is for the purpose of saving or protecting life or health or preventing serious damage to property or ensuring a specified system is made safe. In the case of urgent work the owner must apply for a Certificate of Acceptance as soon as practicable after completion of the work.
There is a popular misconception that applying for a Certificate of Acceptance (COA) as provided for in section 96-99 of the Building Act 2004 (the Act) will result in an owner being issued with a certificate that has similar status to a Code Compliance Certificate issued under sections 91-95 of the Act. This is not the case. A Certificate of Acceptance, if issued, is likely to cover only limited aspects of the building work that was undertaken.
Once building work has been completed we are often unable to undertake all types of inspections carried out during construction. It may not therefore be possible to establish if all building code requirements have been met. Therefore Certificate of Acceptances issued are limited and qualified to the effect that only parts (if any) of the building work were able to be verified as complying with the building code.
An application for a Certificate of Acceptance will not be accepted where:
- The work was completed before 1 January 1993 (effective date for the Building Act 1991)
- Council has issued a building consent for the building work in question but a Code Compliance Certificate has not been issued (this is specifically excluded in the Act)
- There is insufficient information about the project to enable the work to be assessed
Also an application for a Certificate of Acceptance may not always be the best or most economic option when Council has declined to issue a Code Compliance Certificate where a private certifier approved the building consent, undertook inspection/s but did not issue a Code Compliance Certificate.
In some cases an application to the Ministry of Business Innovation and Employment (MBIE) for a determination may be appropriate. Please refer to the MBIE determination information for further information.
Council charges a fee for the processing of an application for a Certificate of Acceptance, for further details please see our fees and charges page.
A Certificate for Public Use (CPU) is issued by Council where it is satisfied the premises are safe for members of the public to use, before a Code Compliance Certificate is issued. It specifically applies to ongoing construction work.
You must have a Certificate for Public Use if the public are to have access to all or parts of the building (either during construction or on completion) before a Code Compliance Certificate is issued. Anyone who owns, occupies or controls premises intended for public use may apply for a Certificate for Public Use.
A Code Compliance Certificate indicates the building work complies with the Building Code and with the building consent.
Producer statements may be accepted instead of some inspections or processing functions. Producer statements confirm that a particular system, product or material has been applied by the person providing the statement in accordance with the manufacturer's specifications. They also confirm the requirements of the building code have been met.
Council usually identify if a producer statement is acceptable when processing your application for a building consent.
It is important to note that acceptance of producer statements is at Council's discretion. Council will only accept producer statements in the approved format and from applicators that Council have approved in advance. A fee may be charged for assessing and recording producer statements.
A notice to fix is a formal notice issued by the Council advising that certain works have not been carried out in accordance with the building consent, the Building Act 2004 or New Zealand Building Code. The notice will set out what you need to do to fix the non-compliant work. If you are issued a notice to fix, you must address the issues identified within the specified timeframe to prevent further enforcement action being taken.
As per the Building Act 2004 working day means any day except—
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, and Waitangi Day; and
(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
(b) the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
(c) a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.
If you would like a member of the team to call or email you to discuss your enquiry or make an appointment to meet with you, phone us on (07) 315 3030 to lodge a call, email or appointment request or click here to use our easy online request a call, email or appointment online form.