Alterations, Change of Use & Extensions

Change of use (Section 115)

Each building in New Zealand is legally categorised into different ‘uses’ which are dependent on how spaces within the building are used.

A change of use occurs when all or some of the building changes category(s). This must be approved by the Council, unless you can provide written notice that the current use category is sufficient in relation to safety and access. It must also always comply with the Building Code. It is important that you inform the Council and apply for consent for any change of use.

Section 115 of the Building Act 2004 will apply when changing the use of a building. This section ensures that when changing the use of a building, the current building stock is being upgraded toward the current provisions of the Building Code, specifically relating to:

• Means of escape from fire, along with protection of other property, sanitary facilities, structural performance, and fire-rating performance
• Facilities for persons with disabilities (if this is a requirement in terms of section 118)
• Continued compliance with the other provisions of the Building Code to at least the same extent as before the change of use

In the same way, Council will need to assess the extent to which the proposed upgrade will be effective to bring the building to the relevant Building Code standards. As part of the building consent application, building owners will need to provide an evaluation of:

• What should be in the building to satisfy 1 and 2 above as if this building was new
• What is currently in the building
• What is proposed to bring this building toward the standard required by items 1 and 2 above.

The evaluation should also detail the benefits and sacrifices required so Council can consider what is ‘reasonably practicable’.

You also need to let Council know if you intend to subdivide land in a way that affects a building – e.g. if you are dividing a large house into multiple units (section 116A of the Building Act-see below).

You must give written notice to the Council if you intend to change the use of a building or extend the life of a building that has a specified intended life and if you plan to make changes that will in anyway impact a building other than your own.

Notification of proposed change of use form

Extension to specified life (Section 116)

Some buildings have a specified intended lifespan, either due to code compliance inadequacies or because they were constructed to be temporary buildings. When a building consent is issued on a building like this, it is subject to the condition that it be altered, demolished or removed before the end of its life.

However, Council can approve an ‘extension of life’ if satisfied that the building can continue to perform for a longer period. If you would like to extend the life of a building, you’ll need to provide Council with written notice. Read more on extension to specified life here.