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
Sections 71-74 of the Building Act 2004 are concerned with building on land which is subject to natural hazards, such as flooding, slippage and erosion.
There are risks in building on land subject to natural hazards for both the owner and Council. Under the Building Act, natural hazard means any of the following:
- erosion
- falling debris (rockfall)
- subsidence
- inundation (flooding)
- slippage
When there is the construction of a building, or major alterations to a building, on land subject to a natural hazard, section 72 allows a building consent to be granted in certain situations but requires a notice to be placed on the property title. This notice warns future property owners of the natural hazard and takes away Council liability if there is damage as a result of the natural hazard.
While in some cases the granting of the building consent will have decided that the building work will comply with the building code, the natural hazard notice is still required to recognise that the land is subject to a natural hazard.
Natural hazard notices may affect the value of your property and your insurance cover, including disaster insurance provided by the Earthquake Commission (EQC). If you think natural hazards may apply to your project the Council recommends you seek professional or legal advice so you can make fully informed decisions. To find out more, the Ministry of Business, Innovation and Employment (MBIE) has published a guidance document on natural hazards.
We also recommend that you book a pre-application meeting to help you understand how the natural hazards provisions may affect your project.
Where the Council considers that the land is subject to a natural hazard, we are required to grant the building consent under section 72.
Land Subject to Natural Hazards (S72)[Form IS 29] (PDF, 31KB)
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.
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.