Building Consents FAQ's
Do I need a building consent?
How do I apply for a Building Consent?
We recommend applying through the online Simpli Portal, but if you prefer to use one of the other methods there is a list of applications available to download on our webpage. You'll find out how to apply online through the Simpli Portal, via email or in person. Go to our apply for a Building consent webpage.
DIY and how to apply for an owner-builder exemption
An owner-builder is an individual who does building work on their own home or holiday home. This is legally okay, as long as you:
- Meet the requirements of the Building Code
- Obtain any necessary building consent or permits before starting work
- By getting the right paperwork, it is confirmation that as long as the building is constructed to the requirements in the consent, it is safe and healthy
As an owner-builder, you will need to hire a professional to do:
- Plumbing
- Gasfitting
- Drainlaying
- Electrical work
Owner-builder exemptions are issued by Council and the statutory declaration form must be witnessed and signed by a legally authorised person such as a Justice of the Peace. The form needs to be given to Council with the application for a building consent, or before the restricted building work on your home starts.
As an owner-builder you are required to abide by the Building Act, as well as being responsible for ensuring that restricted building work carried out under the owner-builder exemption complies with the building consent and the relevant plans and specifications.
Friends and family are allowed to help you with the restricted building work, as long as you are not paying them. Future buyers will have access to information that shows the building work was carried out by the owner rather than a Licenced Building Practitioner.
You can find out more and download the owner-builder declaration form here. Other information on DIY can be found here.
Applying for a discretionary exemption
Have you considered whether you need a Resource Consent?
You may also need to apply for a resource consent for your building project.
Under the Resource Management Act Councils prepare plans to reflect the desires and aspirations of the local community in relation to natural or physical resources, and activities that affect the environment. These are managed through the Resource Consent Process.
You may need a resource consent if you’re planning to:
- construct a new building or make additions or alterations to an existing building
- change a building’s or property’s use
- subdivide a property
- prune, remove or work near a protected tree
- carry out earthworks
- erect a sign
Before you start any activity that may affect your neighbours, your wider community or the environment, please consider contacting Kaikōura District Council and speaking with a Planning Officer regarding your proposal.
Building on land subject to natural hazards
If you need approval for building work on land subject to natural hazards or construction over two or more allotments, please use the forms in this link which have been approved by the Registrar-General of land. Read about Natural Hazards in Kaikōura in the Natural Hazards chapter in our District Plan.
Restricted Building Work (RBW) & Licensed Building Practitioners
This type of building work affects a building’s essential structures, foundations or safety. Restricted Building Work (RBW) must be carried out by or overseen by a Licensed building Practitioner (LBP). LBP’s are builders who are required to keep their skills and knowledge up to date and have been independently assessed within their field of work. Read more about restricted building work on the Government's building website here. Read more about Licensed Building Practitioners and find one by visiting the LBP website here.
What is a PIM & Why do you need one
A project information memorandum (PIM) is a report that outlines any information or special features of the land, as well as regulatory requirements that may impact/be relevant to building on that site. The report is prepared by Council and provides a basis of information for all parties involved in the project.
Click on this link to find out more about PIM's & why you need one
What is a Producer Statement
A producer statement is a professional opinion based on sound judgement and specialist expertise. It is not a product warranty or guarantee of compliance. If a producer statement is supplied with your building consent such as an engineer’s PS1 and the engineer has stated they will undertake site inspections to verify their design then this forms part of your approved building consent. Read more about producer statements here.
What do I need to know about building a swimming pool?
The purpose of swimming pool legislation is to prevent young children from drowning in residential swimming pools. The legislation considers a pool to be anything with a maximum depth of water of 400mm or more. Anything greater than 5m2 also has special requirements - this covers most large spa pools.
We have provided lots of helpful information in our Swimming Pool FAQ's, including Self Audit Checklists. Check out the FAQ's here
How long will it take to process my application?
Council has twenty working days to process a building consent. We will notify the owner the decision on whether the consent has been accepted or declined.
If Council makes a request for more information, the processing time frame is paused (the statutory time clock is stopped) until all of the information requested is received. Once all information is received, the statutory clock is restarted. The clock is reduced to 10 working days if the building that you are proposing has a MultiProof approval. More information about MultiProof
We process your application to ensure that we are satisfied (on reasonable grounds) that the provisions of the building code will be met if the building work is properly completed in accordance with the plans and specifications.
See our Processing your Building consent webpage for more information.
Building Consent Authority (BCA) complaint process
Read about the Building Consent Authority complaints policy here, and if you would like to lodge a complaint about the Building Consent Authority contact us.
Alterations to existing buildings (Section 112)
Remember, if you are altering the building with upgrades, you are required to carry out the upgrading work throughout the whole building, not just individual components.
There are special circumstances that Council may grant an application allowing alteration without the building complying with current provisions of the Building Code (for example, if the alterations will improve the safety aspects of the building).
If you're making alterations to an existing building, section 112 of the Building Act 2004 has to be considered.
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 of section 118)
- Continued compliance with the other provisions of the Building Code to at least the same extent as before the alteration.
To be satisfied that consideration of Section 112 has been undertaken, Council will 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’.
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 see the question below on Subdividing (section 116A).
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.
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.
Subdividing (Section 116A)
To be issued a certificate for subdivision affecting a building, Council must be certain that every provision of the Building Code is met (such as escape from fire, access for people with disabilities, if needed, and protection of other property).
You must give written notice to Council if you intend to change the use of a building, extend the life of a building that has a specified intended life, and if you plan to subdivide in a way that impacts a building other than yours.
Read more about change of use, alterations and extension of life here.
What is a compliance schedule?
A compliance schedule is issued by the Building Consent Authority listing the specified systems within a building (e.g. sprinkler systems, lifts, smoke detectors). These systems ensure a building is safe and healthy for people to enter, occupy or use. The Compliance Schedule for a building must identify which specified systems are present, the performance standards for those systems, and who is required to inspect, maintain, and report that those systems continue to function as installed.
For new buildings, a compliance schedule is issued with the Code Compliance Certificate. Where a compliance schedule has been issued for the first time, a Compliance Schedule statement is issued by Council. This is a temporary public notification of compliance with the Compliance Schedule requirements and is replaced after 12 months by the Building Warrant of Fitness.
The owner must display this document in a public area within the building. After receiving a Compliance Schedule statement, owners must engage an IQP as soon as possible (typically within one month) to ensure that all inspection, maintenance and reporting is completed for the next 12 months.
What is a specified system?
Specified systems are systems or features installed in a building that are crucial to the safety and health of the building and those who use it, or systems which, if they are not maintained, could cause injury or harm. When you apply for a building consent, you must include a list of all specified systems in the building project.
When is a Building Warrant of Fitness required?
If your building contains any of the following specified systems, you must have a Building Warrant of Fitness:
- Automatic systems for fire suppression (for example sprinkler system)
- Automatic or manual emergency warning systems for fire or other dangers (other than a warning system for fire that is entirely within a household unit and serves only that unit)
- Electromagnetic or automatic doors or windows (for example ones that close on fire alarm activation)
- Emergency lighting systems
- Escape routes pressurisation systems
- Riser mains for fire service use
- Any automatic backflow preventers connected to a potable water supply
- Lifts, escalators, travelators or other systems for moving people or goods within buildings. Note: this includes cable cars attached to a private dwelling
- Mechanical ventilation or air conditioning systems
- Building maintenance units providing access to exterior and interior walls of buildings
- Laboratory fume cupboards
- Audio loops or other assistive listening systems
- Smoke control systems
- Emergency power systems for, or signs relating to, a system or feature specified in any of clauses 1-13
- Cable car
- Any or all of the following systems or features, so long as they form part of a building's means of escape from fire, and so long as those means also contain any or all of the systems or features specified in clauses 1 to 6, 9 and 13
- Systems for communicating spoken information intended to facilitate evacuation.
- Final exits (as defined by clause A2 of the building code)
- Fire separations (as so defined)
- Signs for communicating information intended to facilitate evacuation
- Smoke separations (as so defined).
Renewing a Building Warrant of Fitness
A month before a Building Warrant of Fitness is due to expire; we will send you (as the building owner) a reminder letter. The reminder letter includes information on completing MBIE's Form 12 building warrant of fitness. The owner must sign two copies of the Building Warrant of Fitness form. One copy must be displayed in the building, and the other must be sent to Council, with all required form 12A certificates.
Amending a compliance schedule
You will need to apply for an amendment to the existing compliance schedule if you want to:
- Update owner details.
- Amend the inspection, maintenance or reporting procedures.
- Advise of any specified system not included on the compliance schedule for the building.
Tiny Home on Wheels - FAQ's
Tiny Homes on Wheels (THOW'S)
Tiny homes on wheels vs small normal small homes. Homes on skids, small homes on blocks all require a building consent. Tiny homes on wheels are considered vehicles and must be able to move with relative ease, similar to towing a caravan. For more information on requirements click here
