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 they mean 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, 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 know what building work 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.
• Design LBPs.
• 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 not require a building consent (ie 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 STILL 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 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/UserFiles/File/Publications/Building/Building-Act/resource-and-building-consent-processes.pdf.

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. 

Internal walls and doorways in existing buildings

This exemption allows you to alter, remove or construct certain internal walls and doorways.

You may carry out building work in connection with an internal wall (including an internal doorway) in any existing building, unless the wall is:

(a) load-bearing; or

(b) a bracing element; or

(c) a fire separation wall (also known as a firewall); or

(d) part of a specified system; or

(e) made of units of material (such as brick, burnt clay, concrete, or stone) laid to a bond in and joined together with mortar.

Internal walls often contain bracing elements: altering or removing these walls could adversely affect the building’s structural performance. Some internal walls are also load-bearing: altering or removing these may reduce a building’s compliance with the Building Code’s structural performance requirements. Therefore, such walls are not covered by this exemption.

Building work relating to masonry walls is also outside the scope of this exemption. Masonry walls are heavy and the consequences of their collapse if they are not adequately supported are greater than for timber-framed walls.

ALERT!

All new building work must comply with the Building Code, including with its structural performance requirements. Also note that, on completion of the building work, the altered building must comply with the Building Code to at least the same extent as it did before the building work was undertaken.

If you are considering building work that is close to or involves potentially load-bearing walls, it is important to get professional advice (eg from a chartered professional engineer, registered architect, building consultant or registered building surveyor).

“If you are considering building work that is close to or involves potentially load-bearing walls, it is important to get professional advice

Examples where this exemption could apply

• An owner of a residential dwelling wishes to remove a section of internal timber-framed wall to make room for a new kitchen installation. After discussing this with a building practitioner, she is satisfied that the section of wall is not load-bearing and is not a bracing element. This building work does not require a building consent.
• An owner of a commercial property wishes to build a metal-framed internal wall to provide privacy in a reception area. As the wall is not load-bearing, has no bracing element and is not a firewall, a building consent is not required.
• The owner of a dwelling wishes to remove a non-load-bearing wall between the kitchen and laundry to provide for an enlarged kitchen space. The timber-framed wall has no bracing elements and therefore the building work does not require a building consent.

Examples where building consent is required

• A hotel owner wants to cut a new opening in an existing masonry wall to create an open-plan lobby and reception area. The owner seeks guidance from her local council and an architect. Historic plans are reviewed and the architect discovers that the wall is load-bearing. As the proposed alteration affects a masonry, load-bearing wall, a building consent is required.
• An owner of a building wishes to install a door in an internal wall that is not load-bearing. However, the wall is made out of reinforced brick, so a building consent is required.
• The owner of a dwelling wishes to remove part of an internal metal-framed wall between the hallway and kitchen. She seeks advice from a licensed building practitioner who, after a quick visit to the house, informs her that the wall is load-bearing. Therefore, the removal would require a building consent.