Building consent exemptions

Under Schedule 1 of the Building Act 2004, there are some building projects that don’t require building consent. It was updated in 2020 to exempt low-risk building work such as sleepouts, sheds, carports, outdoor fireplaces and ground-mounted solar panels from consents – however, there are still conditions that builders need to meet

It’s important to keep up to date with the changes and to understand which projects do or don’t require a consent. This article will go through common exempt building work.

Single-storey detached buildings

The following examples are exempt from consent: 

1. Kitset or prefab buildings with a maximum floor area of 30m2 where a manufacturer or supplier has had the design carried out or reviewed by a Chartered Professional Engineer.
2. Buildings with a maximum floor area of 30m2 where a Licensed Building Practitioner (LBP) carries out or supervises design and construction. 
3. Buildings with a maximum floor area of 30m2 where only lightweight materials with structural components built in accordance with Acceptable Solution B1/AS1 are used – this work may be done without the help of a professional.

Carports

Carports up to 40m2 in size can be built without a consent if the designed has been carried out or reviewed by a Chartered Professional Engineer or an LBP has carried out or supervised design and construction.

Ground-floor awnings

Awnings up to 30m2 on a ground floor can be built without a consent if the designed has been carried out or reviewed by a Chartered Professional Engineer or an LBP has carried out or supervised design and construction.

Outdoor fireplace or ovens

A permanent outdoor fireplace or oven can be built up to a maximum height of 2.5m, with a maximum cooking surface of 1m2 without a building consent. The fireplace or oven must be at least 1m away from any legal boundary or building – however, double check what local government restrictions there are regarding lighting open fires.

Flexible water storage bladders

Flexible water storage bladders with up to 200,000L storage capacity supported on the ground for use in irrigation or firefighting.

Ground-mounted solar panels

Ground-mounted solar panels up to 20m2, built in an urban zone, can be built without the help of a professional. Ground-mounted panels between 20 and 40m2, in an urban zone, can be built without a consent if the design has been carried out or reviewed by a Chartered Professional Engineer.

There is no restriction on size for solar panel arrays in rural zones.

Structures, bridges, pole sheds and barns

Small pipe supporting structures can be built without a consent if they only carry water and are on private land. Short-span bridges can be built without a consent if they are a maximum of 6m long and if they do not span a road or rail area. The design also needs to be carried out or reviewed by a Chartered Professional Engineer.

Pole sheds or hay barns in rural zones can be built as long as they are no larger than 110m2 and the design has been carried out or reviewed by a Chartered Professional Engineer, or an LBP has carried out or supervised design and construction.

Verandas and porches

It is possible to build a veranda or porch of up to 30m2 on a ground floor without a building consent if the design has been carried out or reviewed by a Chartered Professional Engineer or an LBP has carried out or supervised the building work.

Always check before you build

If you are not sure if your work requires a consent, you can check Schedule 1 of the Building Act 2004. It’s also important to note that some exempt building work requires an authorised professional to carry out. Authorised professionals include Chartered Professional Engineers, a person authorised under the Plumbers, Gasfitters and Drainlayers Act 2006 and Licensed Building Practitioners.

However, it’s still important to note that, whether or not building work requires a consent, it must comply with the Building Code and legislative requirements such as the Resource Management Act 1991 and the Electricity Act 1992.

While the projects outlined above relate to the 2020 updates, there are additional, common examples of what can be carried out without a consent:

• Retaining walls up to 1.5m high, providing they are not carrying any load other than the ground.
• Fences up to 2.5m high, other than fences around swimming pools. For more information about fences around swimming pools, see this issue’s BRANZ article.
• Garden sheds less than one storey and 10m2 in floor area which do not contain sanitary facilities or facilities for the storage of drinking water and are not positioned any closer than the shed’s own height to a boundary.
• Decks where it is not possible to fall more than 1.5m (noting a safety barrier is required where the fall height is more than 1m). 

Many of these exemptions have conditions other than summarised here. To read the full conditions, search Building work that does not require a building consent at building.govt.nz .