Building Code Compliance for Alterations

When you own your home, it is tempting to think you can do whatever you like with it. In one sense, this is true; it is your property and your decisions. But New Zealand's building consent system exists for good reasons. It ensures that building work is safe, sanitary, and durable. Work that affects the structure of your home, its ability to keep water out, or its fire safety needs to be done correctly, and the consent process provides oversight to help ensure that happens.

The question most homeowners face is not whether the consent system matters, but whether their particular project requires consent. This is where things can get confusing, because the rules are not always intuitive.

When Is Building Consent Required?

The default position is that all building work requires consent unless it is specifically exempted. The Building Act 2004 and its regulations define what building work means and list the exemptions in Schedule 1. If your work is not on the exemption list, you need consent.

The rationale behind these requirements relates to safety and durability. Structural changes affect the building's ability to withstand loads and earthquakes. Plumbing and drainage affect sanitation and can cause serious damage if done incorrectly. Height restrictions on decks and retaining walls relate to fall hazards. The consent process ensures these risks are properly managed.

Exempt Building Work

Schedule 1 of the Building Act lists building work that does not require consent. These exemptions were expanded in 2020 to reduce compliance costs for minor work. However, the exemptions come with conditions, and understanding these conditions is essential.

The exemptions also have conditions attached. For example, the 30 square metre building exemption only applies if the building is not for sleeping, does not contain sanitary facilities, meets certain distance requirements from boundaries, and complies with other criteria. Miss one condition and the exemption does not apply.

The Consent Process

If your project requires consent, the process begins with an application to your local council. This typically includes architectural plans, engineering calculations if structural work is involved, specifications for materials and methods, and the application fee. Fees vary between councils but typically range from a few hundred dollars for simple work to several thousand for complex projects.

The council reviews your application to confirm the proposed work will comply with the Building Code. They may request additional information or amendments. Once satisfied, they issue the building consent, which gives you permission to proceed. Most consents must be uplifted within 12 months or they lapse.

During construction, the council conducts inspections at key stages to verify the work matches the consented plans and meets code requirements. The number and timing of inspections depends on the scope of work. You must not proceed past inspection points until the council has signed off.

Code Compliance Certificates

When all work is complete and final inspections passed, the council issues a Code Compliance Certificate. This document confirms that, based on inspections conducted, the completed work complies with the Building Code. It is an important document for your records and will be relevant when you eventually sell the property.

You should always obtain a Code Compliance Certificate for consented work. Failing to do so creates problems. Your LIM report will show the consent was issued but never completed. Future buyers and their lawyers will ask questions. Insurers may have concerns. And if you later want consent for other work, councils sometimes want to resolve outstanding matters first.

Dealing With Unconsented Work

If your property has unconsented work, whether done by you or a previous owner, you have options. The most straightforward is to apply for a Certificate of Acceptance. This is essentially retrospective approval for work already completed.

The Certificate of Acceptance process involves the council inspecting the completed work and assessing whether it appears to comply with the Building Code. Because the council cannot inspect concealed work like framing or waterproofing membranes, they issue the certificate on a limited basis and may require invasive inspections or additional documentation.

Certificates of Acceptance cost more than standard consents, reflecting the additional complexity. The council may also require you to engage engineers or other professionals to verify aspects of the work they cannot directly assess. Despite these costs, obtaining a Certificate of Acceptance regularises the work and removes a significant issue from your property's record.

Working With Licensed Building Practitioners

For restricted building work, which includes most structural and weathertightness-related construction, you must use licensed building practitioners (LBPs). These are tradespeople and designers who have demonstrated competence and are accountable through a licensing system.

Using LBPs provides assurance that the people doing the work have verified skills. It also provides some recourse if things go wrong, as LBPs can be held accountable through the Building Practitioners Board. When getting quotes for consented work, check that the tradespeople hold the appropriate LBP licences for the work they will be doing.

The combination of building consent oversight and licensed practitioners creates multiple layers of protection for homeowners. While the system is not perfect and problems still occur, it significantly reduces the risk of major building defects compared to uncontrolled construction.