Building work exempt from consent

The Building Act 2004 exempts some building works from the normal requirement to obtain a building consent.  The Department of Building and Housing’s website has useful examples of the types of works which are exempt. Find out more on the DBH website.

Examples are included below.

Platforms (decks)

Examples where the exemption could apply     

1. A low-level deck is constructed to create level entry to a dwelling. The deck has a maximum height above ground level of 1450 mm.

2. A building owner constructs a 50 square metre deck that is attached to two sides of a building. If it were to collapse, the fall would be no greater than 400 mm.

Examples where building consent is required

A proposed platform is to be constructed in conjunction with other landscaping work on site. The landscaping work will result in a reduced ground level at the rear exit of the building. As a result, the proposed platform will have a finished height above ground of 1.6 metres and will require a building consent.

Alterations to sanitary plumbing

Examples where the exemption could apply 

1. Repositioning sanitary fixtures (bath, basin, shower and toilet) within an existing bathroom.

2. Moving a toilet pan from a WC compartment into an adjacent existing bathroom.

3. An existing kitchen is being remodelled within the same space and the kitchen sink is to be moved to an adjacent wall.

4. An existing laundry washtub is to be moved to a new space within the adjacent existing kitchen area.

Examples where building consent is required

1. Installing a wet area shower requires a building consent. This is because the construction of the wet area shower includes critical building work, such as waterproof membranes. This building work is not sanitary plumbing.

2. Moving a toilet pan, bath or vanity in an existing upper level bathroom from the outside wall to an interior wall where the pipe work will affect any structural elements such as floor joists or wall framing.

3. An ensuite is proposed and this includes the addition of a shower, hand basin and toilet. These sanitary fixtures are additional to those that already exist in the dwelling, so a building consent is required.

Exemption from building consent may not mean exemption from resource consent

Remember that exemption from a building consent does not necessarily mean exemption from a resource consent.  The Nelson Resource Management Plan’s Meaning of Words states that:

Building: is any structure, whether temporary or permanent, moveable or immovable, except for:

  1. any scaffolding or falsework erected temporarily for maintenance or construction purposes, or
  2. uncovered swimming pools not higher than 1m above natural ground level, or
  3. fences and walls up to 2m in height, or
  4. masts, poles, clotheslines, and chimneys less than 1m wide and less than 3m in height above the point of attachment.

For more information, read the NRMP's Chapter 2 - Meaning of Words (642KB PDF).

Schedule 1 (a – n, excluding k)

A property owner can complete a TAM 001 - Notification of Exempt Work, if the work is exempt from Schedule 1 (a – n, excluding k) council will lodge the notification on the property file upon receipt of the appropriate fee. 

Council staff do not assess the notification for accuracy - only completeness. 

Download the Notification of Exempt Work form here. (228KB PDF)

Schedule 1 (k)

The Customer Services Officer will, on receipt of the appropriate fee, arrange a meeting with the Duty Building Officer. 

The Duty Building Officer and a second Building Consent Officer attends the meeting as both officers must approve the exemption.  The application is forwarded to the Consent Administrator to prepare the refusal or acceptance letter.

The letter is saved and referenced on the application.  The Schedule 1 (k) application is then forwarded to records for placing on the property file.

More information on exemptions

Please contact the Customer Service Centre on +64 3 546 0200 and make an appointment with the Duty Planner to discuss your project.  Please bring accurate plans and details of your project to the meeting to get the most out of the meeting.

Alternatively you can apply for a Certificate of Compliance using the resource consent application form to obtain written confirmation that your activity is permitted under the Nelson Resource Management Plan and no Resource Consent is required.

Find the appropriate forms on the Consents forms and Guides A-Z page.

 

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