Alterations to Existing Buildings
When a building is altered consideration needs to be given to how the alterations affect the existing building compliance.
Section 112 (1) of the Act requires Council, as the Building Consent Authority, to be satisfied that after the alterations the building will comply, as nearly as is reasonably practicable, with the current provisions of the Building Code.
These aspects relate to things such as:
- - means of escape from fire
- - access and facilities for persons with disabilities (if this is a requirement in terms ofsection 118)
- - continued compliance with the other provisions of the Building Code to at least the same extent as before the alteration.
To determine if an upgrade is required, a gap analysis needs to be undertaken. The key purpose of the gap analysis is to compare how the existing building complies to the current Building Code requirements. This will identify if the existing building needs to be upgraded or not.
If an existing building is required to be upgraded to comply with current building code requirements and there is good reasoning for the upgrade not to be undertaken, an ANARP (As Near as Reasonably Practicable) justification is to be documented and provided with the building consent.
For help with assessing ANARP refer to the ANARP section on the Building Performance website.
Changing the use of an existing building - Section 115
When the use of a building changes, Section 115 of the Building Act 2004 has to be considered.
To determine if the building is a change of use, see Sections 5, 6 and Schedule 2 of Building Regulations 2005 (Specified Systems, Change the Use, and Earthquake-prone Buildings) for use of all or parts of the building. If part of the building changes use then the building needs to be considered under Section 115. Section 115 is in the Act to ensure the current building stock is being upgraded toward the current provisions of the building code.
An owner of a building must not change the use of the building:
- in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and
- in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will:
- comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters
- means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
- access and facilities for people with disabilities (if this is a requirement under Section 118); and
- comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters
- continue to comply with the other provisions of the building code to at least the same extent as before the change of use.
Referral to Fire and Emergency New Zealand
In some cases, your consent applications may need to go to the Fire and Emergency New Zealand (FENZ) Fire Engineering Unit for design review under the Fire and Emergency New Zealand Act 2017. This requirement falls under section 46 of the Building Act 2004.
The types of applications that are required to be sent to FENZ are detailed on the New Zealand Gazette website.
The Fire Engineering Unit have 10 working days in which to provide their feedback to the building consent authority on
- provision of means of escape from fire, and
- the needs of authorised firefighters entering the building to fight fire.
On a case by case basis FENZ may provide additional recommendations to help improve the overall safety of the proposed building design.
Extension of life - Section 116
Where a building with a specified intended life is issued with a building consent that is subject to the condition that the building be altered before the end of its life, an 'extension of life' can be obtained.
An owner of a building must give written notice to the council if it proposes extending the life of a building.
Subdivision of Buildings (Section 116A – Building Act 2004)
If you are planning to subdivide land in a way that affects an existing building—for example, creating unit titles, cross leases, or converting a house into separate units—you must meet the requirements of section 116A of the Building Act 2004.
What this means for you
Before Council can complete your subdivision (issue a section 224(c) certificate), we must be satisfied that the building:
- Complies, as nearly as is reasonably practicable, with key Building Code requirements, including:
- Safe escape from fire
- Access and facilities for people with disabilities (if required)
- Protection of other property
- Will continue to comply with the rest of the Building Code at least to the same level as before the subdivision.
Will I need to do building work?
Possibly. Many projects require upgrades or alterations to meet these requirements—particularly for fire safety or separation between units. This work will usually require a building consent.
What you need to do:
- Notify Council in writing if your subdivision affects a building
- Provide information showing how the building will meet section 116A
- Complete any required upgrade work before subdivision sign-off
Why this matters
Section 116A ensures that when buildings are divided into separate ownership or uses, they remain safe and functional for occupants and neighbouring properties.
