Building work that does not require building consent

Most building work requires you to get a building consent, however, there is some low risk building work you can undertake without a building consent. Information about this is included in Schedule 1 of the Building Act 2004 and is referred to as 'exempt building work'.

Exempt Work

The Ministry of Business Innovation & Employment (MBIE) has produced a guide to building work that does not require a building consent.   

The list below is a summary of, but not limited to, building work that may not need a consent: 

  • certain structural building work relating to minor additions, alterations, re-piling, some demolitions. 

  • plumbing and drainage where the number of sanitary fixtures is not increased including some repair and maintenance). 

  • installing an air-conditioning system into a residential dwelling. 

  • retaining walls less than 1.5 metres in height or 3.0 metres high in rural area if designed by a chartered professional engineer. 

  • fences or walls less than 2.5 metres high (all swimming pool fencing is not exempt). 

  • decks, platforms, or bridges less than 1.5 metres above ground level. 

  • certain buildings greater than 10 square metres in floor area but less than 30 square meters. 

  • certain earthworks. 

 

Building work that does not require a Building Consent – 

MUST: 

  1. Comply exactly with the details of the exemption. 

  1. Comply with all requirements of the Resource Management Act 1991 and District Plan. 

 

Discretionary Exemption

If your proposed work doesn't fit into any of the exemption requirements, there is an option for you to seek a "Discretionary Exemption" under Schedule 1, Clause 2.  

The discretionary exemption allows work to be undertaken without a consent if the work is likely to be performed in accordance with the Building Code or, failing that, it is unlikely to endanger people or any building.  

 

Application

An application for a discretionary exemption can be made through the BUILD portal or using the form below. In making a decision on any exemption, Council will undertake a risk assessment of the building work proposed. 

We consider applications on a case-by-case basis, and you need to note: 

  • there is no statutory time frame for us to make a decision – so allow plenty of time for processing your application in your planning. 

  • there are no inspections carried out, and no code compliance certificate issued. 

  • the responsibility for compliance with the Building Act/building code and other legislation (such as the Resource Management Act 1991) sits with you as the building owner. 

When considering applications, we: 

  • look at whether the work is being completed by qualified and experienced people. 

  • check that the application shows a good understanding of the Building Act. 

  • decide if your finished building work will meet the building code, or if it not then that it is unlikely to endanger people or any building on the same land or other property. 

It is the responsibility of the Owner to ensure compliance. Failure to comply can result in significant fees and penalties or even prosecution and removal of the structure. Mistakes and deliberate non-compliance can be very costly, time consuming and stressful. 

The Building and Planning teams at Waitaki District Council are your most reliable source of information. They want to help you achieve a cost-effective compliant building and protect your investment so please contact us to discuss your plans before commencing construction on 03 4330300. 

 

Exempt building work being done in conjunction with a building consent 

It is acceptable to show a general outline of exempt building work on a site plan, elevation, or cross section so long as it is labelled as exempt. If construction details such as joist sizes, fixings or flashing details are shown on consent documents they will be processed as part of the consent irrespective of being labelled as exempt. Additional delays and processing charges may apply.

 

 

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