Government expands building consent exemptions: free rein for DIY? You must still follow these rules
Yesterday, New Zealand’s Minister for Building and Construction, Jenny Salesa, announced an expansion of building consent exemptions under the existing Building Act, aiming to ease the burden on both property owners and councils.
Yesterday, New Zealand’s Minister for Building and Construction, Jenny Salesa, announced an expansion of building consent exemptions under the existing Building Act, aiming to ease the burden on both property owners and councils. “All New Zealanders deserve a warm, dry and safe home. The Government wants to accelerate housing construction and improve affordability through consent exemptions.” The new rules are expected to take effect at the end of August this year. Industry experts believe the proposed exemptions are only the beginning of a series of building law changes, with further reforms to follow.
What is a building consent exemption?
New Zealand’s existing Building Act allows certain work to be carried out without building consent from the council. For example, building practitioners with a good track record may carry out work within their capabilities with reduced council oversight.
{ad}
Under the Act, work for which a building consent exemption can be sought from the local city council must meet the following conditions:
- The building work complies with New Zealand’s Building Act and Building Code.
- It poses little or no risk to life or other property.
A building consent exemption means:
- Lower costs;
- Shorter construction times;
- Projects can start sooner;
- No need to arrange and wait for the usual inspections;
- No Code Compliance Certificate is required, avoiding the associated delays.
What will change under the new rules?
Under the Building Act, the following home renovation and alteration work can qualify for building consent exemptions:
1. Routine repair, maintenance and replacement of any component or assembly in or associated with a building, in the same position, using the same or similar materials.
2. Any building work granted a specific exemption by territorial and regional authorities.
3. Single-storey detached buildings without sanitary or cooking facilities, with a floor area not exceeding 10 square metres。
4. Unoccupied detached dwellings.
5. Temporary building work associated with tents or similar lightweight structures, such as stalls or booths used at fairs, exhibitions or markets.
6. Pergolas.
7. Repair or replacement of outbuildings.
8. Windows and exterior doorways in existing dwellings and outbuildings.
9. Alterations to existing entrances or internal doorways to improve access for disabled people.
10. Internal alterations to existing non-residential buildings.
11. Internal walls and doorways in existing buildings.
12. Internal linings and finishes in existing homes.
13. Insulation.
13. Ground moisture barriers.
14. Making penetrations.
15. Enclosing existing balconies or patios.
16. Awnings.
17. Ground-level, single-storey structures attached to an existing building, with a footprint not exceeding 20 square metres, serving as porches and verandas.
18. Structures with a floor area not exceeding 20 square metres, serving as carports.
19. Shade sails
20. Retaining walls
21. Fences and hoardings
21. Safety barriers for small heated pools
22. Dams, excluding large dams
23. Water tanks and swimming pools
24. Decks, bridges, boardwalks and similar structures
25. Signs
26. Height-restriction gantries
27. Temporary storage stacks
28. Private household playground equipment
As this shows, the Act sets clear floor-area limits for new outdoor buildings. The amendments proposed by Minister for Building and Construction Jenny Salesa primarily increase the size limit for single-storey detached buildings exempt from consent: After the end of August, single-storey detached buildings of no more than 30 square metres may be exempt from consent. Examples include sleepouts, storage buildings, sheds, greenhouses and carports without sanitary or cooking facilities.
The changes also relax restrictions on who may carry out the work: Where a builder’s competence is recognised, they may form their own team with registered engineers and qualified plumbers to carry out consent-exempt work, even without a relevant trade licence themselves.
Exempt work must still comply with the rules
Dylan Huang Haixin, secretary-general of the New Zealand Chinese Building Industry Association, explained that although the projects listed in the announcement will no longer require building consent, all work undertaken by property owners must still comply with the Building Act, the Building Code and all other relevant laws, ensuring the following three requirements are met:
- All building materials are tested and certified as meeting New Zealand standards;
- All building work is carried out, or supervised, and signed off by a New Zealand registered engineer or licensed building professional;
- All work meets planning requirements, including resource consent requirements relating to matters such as site coverage and floor-area ratios, yard setbacks and recession planes.
It is therefore incorrect to interpret this policy change as allowing any unqualified property owner to undertake DIY work at home as they please. If these requirements are not met and a complaint is made, the structure will still be treated as unauthorised building work. The owner will be required to undertake remedial work and seek approval, or demolish it, within a specified period. Daily fines will apply if the deadline is exceeded. It may also cause problems later when the altered property needs insurance or is put up for sale.
New exemptions offer benefits for all sides
In her announcement, Jenny Salesa outlined the positive effects of the amendments.
- They will remove considerable red tape and save time for both property owners and councils.
- Property owners are expected to save NZ$18,000,000 in application costs each year.
- Councils across New Zealand will have 9000 fewer building consent applications to process annually.
- Councils can focus more closely on high-risk building work, helping accelerate the construction industry’s recovery from COVID-19.
Safety concerns over exempt projects
Every new proposal has advantages and drawbacks. While many welcome the new rules, some in the construction industry have expressed concerns, chiefly about safety.
“If they have no idea what they are doing, how can they ensure the quality of the building?” architect Cameron Gilbert asked. “If you do not know how to brace it and build a 30-square-metre structure, what happens if a storm comes and it collapses on you?”
Although Jenny Salesa stressed in her announcement that all construction under the new rules must still comply with building regulations, all health and safety requirements and other relevant laws, and said checks would be carried out, it remains unclear how those checks will work.
Whatever happens, building professionals agree on one recommendation: if you do not know what you are doing, seek an expert. “Any builder would tell you that you are better off finding someone who knows what they are doing than trying it yourself,” Cameron Gilbert said.