Building Consent in New Zealand: When Do You Need It?
One of the most common questions Kiwi homeowners ask before starting a project is: "Do I need building consent for this?" The answer depends on the type, size, and complexity of the work. Getting it wrong can mean fines, forced demolition, or major problems when you sell.
What Requires Building Consent
Under the Building Act 2004, you need building consent for most building work. This includes:
- Any structural work — new walls, removing load-bearing walls, foundations, framing
- New buildings over 10m² — sleepouts, granny flats, large sheds, garages
- Plumbing and drainage changes — moving a toilet, new shower drain, sewer connections
- Decks over 1.5m high — measured from ground to deck surface
- Bathroom/kitchen renovations that change plumbing positions or waterproofing
- Swimming pools and fencing — pool fencing has its own rules under the Fencing of Swimming Pools Act
- Fireplaces and wood burners — including flue installation
- Re-roofing if you're changing the roofing material type
- House extensions and additions
What Doesn't Need Consent (Exempt Work)
Schedule 1 of the Building Act lists work that's exempt from consent. The most common exemptions are:
- Fences under 2.5m (with some exceptions near boundaries)
- Garden sheds under 10m² that are single-storey and not used for sleeping
- Decks under 1.5m from ground level (not attached to the building in some cases)
- Like-for-like repairs — replacing a window with the same size window, re-roofing with the same material
- Interior cosmetic work — painting, wallpapering, new carpet, replacing kitchen cabinets (if no plumbing/structural changes)
- Pergolas (open roof, not enclosed)
- Retaining walls under 1.5m that don't support a surcharge (driveway, building, etc.)
- Minor electrical and plumbing — but the tradesperson still needs to be registered
Important: Exempt from consent does not mean exempt from the Building Code. The work still needs to comply with the Code — you just don't need council to sign off before you start.
The Grey Areas
Some projects sit in a grey area where consent requirements depend on the specific details:
- Carports: Open-sided carports may be exempt if under 20m² and meeting certain conditions
- Sleepouts: Generally need consent if over 10m² or have plumbing. Some councils have specific rules.
- Retaining walls: Under 1.5m is usually exempt unless supporting a surcharge (driveway, building above)
- Conservatories: Usually need consent as they're enclosed building additions
When in doubt, call your local council's building department. A quick phone call is free and can save you enormous hassle later.
What Happens If You Don't Get Consent?
Skipping consent when you should have it can lead to serious consequences:
- Council can issue a notice to fix — requiring you to either get retrospective consent or remove the work
- Fines up to $200,000 for individuals under the Building Act
- Sale problems: Unconsented work must be disclosed via a LIM report. Buyers will either walk away or demand a significant discount.
- Insurance issues: Your insurer may refuse to cover claims related to unconsented work
- Mortgage problems: Banks may not lend against a property with significant unconsented work
How to Apply for Building Consent
The process typically involves:
- Prepare plans and documentation — your builder, architect, or designer can help
- Submit to your local council — most councils have online portals now
- Council review — typically 20 working days (but can take longer)
- Consent granted — you can start building
- Inspections during construction — at key stages (foundations, framing, pre-line, final)
- Code Compliance Certificate (CCC) — issued after final inspection passes
Consent fees vary by council and project size — budget $2,000–$8,000 for a typical residential project.
Tips for a Smooth Consent Process
- Talk to your council early: A pre-application meeting (often free) can flag issues before you spend money on detailed plans.
- Use experienced professionals: Plans prepared by architects or experienced designers get through consent faster with fewer requests for information (RFIs).
- Budget for the timeline: Don't commit to a builder start date until consent is in hand. Delays are common.
- Keep your paperwork: Store all consent documents, inspection records, and the CCC. You'll need them when you sell.