Applying for a Building Consent
Conditions of consent
Building consent conditions are requirements imposed on your building consent. These are deemed necessary to ensure the compliance of the proposed building. The conditions are listed on the building consent, and you must comply with these conditions.
The following are allowable conditions under the Building Act 2004 and regulations:
- Section 67(2): Waivers and modifications
- Section 73: Natural hazards
- Section 75(2): Building on 2 or more allotments
- Section 90: Inspections by building consent authorities
In all cases a Building Consent will be granted subject to section 90 of the Building Act, this enables the Building Consent Authorities authorised agents to inspect the work as stated by this section of the Building Act.
If a Building Consent application involves a waiver or modification to the Building Code it will be subject to Section 67(2) of the Building Act 2004, this allows the authority to add any conditions that it considers appropriate.
Building on land subject to natural hazards
Building Act 2004, sections 71–74
If you are planning building work, natural hazards affecting your land can change whether — and how — the Council can grant your building consent. The Building Act 2004 requires us to consider natural hazards when we assess consents for new buildings and major alterations. There are risks in building on land subject to a natural hazard, for both the owner and the Council, so we recommend you get advice early.
What is a natural hazard?
Under section 71(3) of the Building Act 2004, a natural hazard means any of the following:
- Erosion — including coastal erosion, bank erosion and sheet erosion
- Falling debris — including soil, rock, snow and ice
- Subsidence
- Inundation — including flooding, overland flow, storm surge, tidal effects and ponding
- Slippage
Earthquakes and tsunami are not natural hazards under these sections — they are dealt with elsewhere in the Building Act and the Building Code.
A Land Information Memorandum (LIM) or Project Information Memorandum (PIM) sets out the natural hazards the Council knows about for your property. If you are unsure whether your land is affected, talk to us before you design or lodge your project.
When we assess your application there are three possible outcomes.
1. Consent granted as normal (section 71(2))
Where adequate provision has been or will be made to protect the land and building work, or where the building work will not worsen the hazard, consent is granted with no hazard notice on your title.
2. Consent granted with a natural hazard notice (sections 72–74)
Where the land remains subject to the hazard, but your building work will not accelerate, worsen or create a hazard, the Council must grant consent — but a natural hazard notice is recorded on your record of title.
3. Consent refused (section 71(1))
Where adequate provision to protect the land or building work cannot be made.
Unless the work is minor, you may need a report from a geotechnical engineer or hydrologist. As a guide, installing a domestic fire or carrying out minor interior alterations would generally not trigger these sections, whereas constructing a retaining wall on land subject to slippage would. - It alerts future owners, buyers, banks and insurers that the land is subject to a specified natural hazard and may affect the value of your property.
- It protects the Council from liability (section 392). If the building is later damaged by a hazard event, you and any future owner cannot claim against the Council for having granted the consent.
- It can affect your natural hazards insurance. Natural hazards cover is now provided under the Natural Hazards Insurance Act 2023 (NHCover) by the Natural Hazards Commission Toka Tū Ake (formerly the Earthquake Commission / EQC). Where a notice names a hazard on your title, the Commission may fully or partly decline a claim for damage caused by that same type of hazard.
Granting a building consent may confirm that the building work will comply with the Building Code, but a natural hazard notice is still required to recognise that the land remains subject to a natural hazard.
Natural hazard provisions can be complex, and the right advice early avoids delays and unexpected conditions later. Before you lodge, we recommend you: - Book a pre-application meeting with a Building Control Officer to understand how the natural hazard provisions may affect your project.
- Commission any specialist reports (geotechnical or hydrological) early.
- Seek professional or legal advice — talk to your solicitor, insurer and the Natural Hazards Commission before you buy, build on, or alter a property in a hazard-prone area, so you can make fully informed decisions.
How do I find out if my land is affected?What happens if my land is subject to a natural hazard?What a natural hazard notice on your title meansBook a pre-application meeting
For more information, the Ministry of Business, Innovation and Employment (MBIE) publishes guidance on the natural hazard provisions of the Building Act.
A note on older titles
Natural hazards were previously covered by section 36 of the Building Act 1991, and before that by section 641A of the Local Government Act 1974. If you own an older property, check your record of title for any earlier endorsement.
Form:[Form IS 29]
Building on two or more allotments
Section 75
To enable a building to be constructed over a legal boundary, it is required that each of the affected allotments (whether on the same certificate of title or not) are tied so that one cannot be sold or leased without the other.
There are two legal ways of addressing this issue:
- either by tying each of the allotments by means of complying with s77,
- or by legally amalgamating the allotments by way of survey plan which places all the affected land under the same certificate of title.
In either case the affected properties must be under the same ownership.
These matters should be addressed or understood before making a building consent application to avoid delays and misunderstandings during processing.
Section 75 in the Building Act
Section 77
Section 77 of the Building Act requires that when a building application is made to us (the building consent authority) to construct a building over an existing legal boundary(s), the consent cannot be granted until we issue a certificate under this section that the affected land cannot be sold or leased except in conjunction with the other land subject to the building work.
This condition is set out in a certificate authenticated by us, signed by the owner, and lodged with the district land registrar who makes an entry on each certificate of title or each affected allotment to which the condition applies.
Section 77of the Act allows us to accept the building consent for processing, but the consent cannot be issued until the certificate under section 77 has been registered against all affected property titles.
This is the simplest method of allowing a building to be constructed over legal boundaries.
Buildings with specified intended lives
When a building that is constructed or altered to have a specified intended life of less than 50 years, the BCA will issue the consent subject to Section 113 of the Building Act. This will impose a condition that states the building must be altered, removed or demolished on or before the end of its specified intended life. The Building Consent Authority will add any other condition it considers necessary.
If a building with a specified intended life needs that life extended, this is managed under section 116 of the Building Act 2004 — the building owner must give Council written notice before extending the life of the building. If your project involves subdividing a building that has a specified intended life, this is managed under section 116A. See Alterations to Existing Buildings for full details on what this means and how to apply.
Fire and Emergency New Zealand
Under Section 46of the Building Act 2004, the BCA is required to send certain applications to Fire and Emergency New Zealand (FENZ) Design Review Unit Engineering (DRUEU) for review under the Fire Service Act. Where this occurs, the DRU EU has ten (10) working days in which to provide their feedback/memorandum to the BCA.
The memorandum issued by the DRU EU will set out their advice in regard to provisions for means of escape from fire and the needs of persons who are authorised by law to enter the building to undertake fire-fighting.
Information about the types of applications that are required to be sent are available here.
Alterations to buildings subject to EPB notice
Where alterations are proposed to buildings subject to an EPB notice the BCA must give consideration to NZ Building Act Section 133AT.
It requires that the BCA be satisfied on reasonable grounds the building will comply “As Near As Reasonably Practicable” (ANARP) to Means of Escape and Access for People with Disabilities provisions before granting a building consent, also in the case of a substantial project it must include the necessary structural work needed to deem the building no longer Earthquake Prone. It also gives the Territorial Authority some discretion in this regard under certain circumstances.