Exempt from consent?

Updated and detailed Schedule 1 guidance for exempt building work was released following the November 2013 Building Act amendment – here is some further information on the exemptions and what it means for you.

As discussed in last month’s issue of Under Construction, a number of changes were made when Schedule 1 of the Building Act 2004 (the Act) was amended in November 2013.

In March this year, The Ministry of Business, Innovation and Employment (MBIE) published new guidance to help keep you up to date with the changes.

The guidance concentrates on the 43 exemptions of Schedule 1 and is full of practical examples and photos.

It’s important that builders are aware of building work that is exempt from a building consent, as your clients will often rely on you to advise them.

Carrying out building work that is not exempt, without a building consent, is an offence and can incur a fine of up to $200,000 and a further fine of up to $10,000 per day if work continues.

To find out more, read the guidance Building work that does not require a building consent – Building Act 2004 at www.dbh.govt.nz/bc-no-consent

If you’re still unsure…

Remember – all building work must comply with the Building Code, regardless of whether it needs a building consent. However, just because it doesn’t require a building consent doesn’t mean you have to go it alone.

1. Does the proposed building work clearly fall within the scope of one or more of the exemptions (excluding exemption 2)?

If you’re unsure whether the building work is exempt, ask for advice from someone with the appropriate building knowledge and expertise such as:

• Building consent authorities (typically district and city councils).
• Registered architects.
• Chartered professional engineers.
• Registered building surveyors.
• Building consultants.
• Licensed building practitioners.
• Registered certifying plumbers and/or drainlayers.

2. If, after seeking advice, you decide the building work is outside exemptions 1 and 3 through to 43, what should you do?

Talk to your council to see if it is prepared to exercise its discretion as to whether or not it requires a building consent (i.e. exemption 2). If the council does not require a consent, you may still need to apply in writing for an exemption from the council.

3. If the council will not approve an exemption 2, what should you do?

Apply for a building consent.

REMEMBER – building work may require other consents

All building work, whether or not exempt, must still comply with the Building Code and all other relevant legislation, such as the Resource Management Act (RMA) 1991.

Always check with your local council for its District Plan rules (eg maximum site coverage, yard/setback requirements, sunlight access planes or permitted activities) set under the Resource Management Act 1991, as there are some discrepancies between Schedule 1 and local council requirements. If you need resource consent for the proposed building work, it’s important you get this before starting.

Find out more about the relationship between resource and building consents, how they may affect your project, and what you need to do to have your consents approved at: www.dbh.govt.nz/rma-guide-index

Examples

In the new guidance, each exemption is described in detail with examples, photos and, in some cases, diagrams. It also highlights any concerns to be aware of and clarifies the type of work that is exempt and who can carry it out. Below is an excerpt from the guidance regarding one of the exemptions.

General repair, maintenance, and replacement

1. The repair and maintenance of any component or assembly incorporated in or associated with a building, provided that comparable materials are used.

2. Replacement of any component or assembly incorporated in or associated with a building, provided that:
(a) a comparable component or assembly is used; and
(b) the replacement is in the same position.

3. However, subclauses (1) and (2) do not include the following building work:
(a) complete or substantial replacement of a specified system; or
(b) complete or substantial replacement of any component or assembly contributing to the building’s structural behaviour or fire-safety properties; or
(c) repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or
(d) sanitary plumbing or drainlaying under the Plumbers, Gasfitters, and Drainlayers Act 2006.

This exemption enables building owners to maintain their buildings, including carrying out any repairs or replacement, without having to get a building consent.

For further guidance on this exemption, we suggest you refer to the Ministry’s regular building controls newsletter Codewords, which often contains relevant examples.

The Ministry has also issued relevant determinations under the Building Act (eg Determinations 2013/058 and 2013/071) that include discussion about what is considered complete or substantial replacement and what is meant by comparable materials, components or assemblies.

Examples where this exemption could apply

• Replacing a 20-year-old profile metal roof cladding (eg, corrugated iron or pressed metal tiles), where that cladding has achieved its Building Code durability requirement (ie, it lasted more than 15 years) and the replacement cladding is
  a comparable component or assembly (eg, profiled metal roofing).
• Replacing old rotten wooden piles under a house with new treated timber piles in the same positions, as long as the work is not complete or substantial replacement.
• Replacing a damaged fire sprinkler head in the same position in a commercial building. This work is not considered substantial, as only one fire sprinkler head is being replaced rather than the whole specified system.
• Repairing and repainting damaged solid plaster exterior wall cladding, where the damage was not due to a durability failure (eg, it was caused by a motor vehicle backing into the wall).
• Maintaining a weatherproofing membrane (eg, a fibreglass and painted surface system on an existing deck that forms the roof over a habitable room) by applying a new coat of fibreglass and paint in accordance with the manufacturer’s instructions.
• Replacing a damaged inner stainless steel flue for an existing solid fuel heater (eg, a wood burner) in the same position. As the undamaged outer flue liner is remaining and will continue to protect the building against the possible spread of fire, the scope of work is not considered to be complete or substantial replacement of a component that contributes to the building’s fire safety.
• Replacing, in the same position, any number of existing non fire-rated wooden doors and windows (joinery and glazing) with new aluminium doors and windows.
• Carrying out repairs or replacement work to a damaged brick chimney of a functioning open fireplace following an earthquake. The repair involves using comparable materials and the scope of work is not considered to be complete or substantial replacement of any components that contribute to the building’s structural behaviour or the fire safety of the building.
• Repairing or replacing masonry veneer wall cladding (eg, brick or stone) which has been damaged, for example, by a large earthquake.

Examples where building consent is required

• Replacing exterior wall cladding that has failed within 15 years of the cladding being installed, resulting in damage to the wall framing.
• Rebuilding a house that has been significantly damaged by fire or earthquake. Although the building may have met its durability requirements under the Building Code, the proposed building work would involve complete and substantial replacement of structural components. Therefore, a building consent is required.
• Repairing an exterior wall following vehicle impact damage where the repairs require complete replacement of wall framing and integral bracing elements.
• Replacing an earthquake or fire damaged roof to a warehouse where the work includes the complete replacement of roof trusses that affect the building’s Examples where building consent is required.
• Replacing old corrugated iron roofing with new concrete tiles. The new heavier tiles will impose an increased load on the existing structure which is likely to substantially affect the building’s structural behaviour.
• Repositioning a solid-fuel heater (eg, a wood burner) by shifting it from one end of a living room to the other.
• Replacing an existing solid-fuel heater with a comparable appliance in the same location. This will require a building consent as the installation will affect the building’s fire safety properties.