128: Building work that does not need a building consent

Exempted building work

Exempted building work is low-risk construction that does not require a building consent because it is considered to have a minimal impact on a building's structural integrity or safety. This includes general repairs, maintenance, and replacements with comparable materials. It also includes minor projects like small sheds, unroofed pergolas, and decks that are not high above the ground. 

Owner’s responsibility for building consents and exemptions

Section 14B of the Building Act makes the owner of the property responsible for obtaining consents, approvals, and certificates. Therefore, it is up to the owner to decide whether they will use a relevant exemption from needing a building consent under Schedule 1. 

Because the owner often talks to an LBP first, the LBP must give clear and accurate advice. This helps the owner make an informed decision about their building work.

All exempted work must comply with the building code

Even if work does not need a consent, it must still meet the Building Code. To be exempt, the work must meet all parts of the exemption in Schedule 1. 

For example, you can repair, maintain, or replace a building product or assembly under Schedule 1 if you use a similar product or assembly.

The exemption does not apply if:

• the work is on a specified system (anything on the building’s compliance schedule)
• the product or assembly affects the building’s structure or fire safety properties
• the repair or replacement is because the product failed to meet Building Code durability rules, such as external moisture requirements
• the work is sanitary plumbing or drainlaying under the Plumbers, Gasfitters, and Drainlayer Act 2006.

Therefore, replacing a roof with a similar product in the same position is exempted building work. But if the roof was installed less than 15 years ago and has failed to meet the Building Code, you will need a building consent.

The Ministry of Business, Innovation & Employment (MBIE) has published Determinations and the Building Practitioners Board has received complaints about work done under Schedule. These are useful if you are researching exempt building work. 

You can find them here:
Previous determinations(external link) — Building performance 

Recent changes to Schedule 1

Schedule 1 now includes 2 new exemptions. One is for roof-mounted solar panel arrays. The other changes the setback rules for detached buildings like garden sheds, greenhouses, cabins, or sleepouts. The setback distances have been changed from ‘the measure of its own height away from boundaries or buildings to:

• Up to 10m2 - no setback, these buildings can be built up to the boundary.
• Between 10m2 and 30m2 - must be at least 1m from any residential building or a boundary.

Qualifying for an exemption

To qualify for an exemption, you must meet extra requirements. These can include:

• the building’s overall height
• that it is only one storey
• whether there is an existing residential building on the property
• the materials used
• no sanitary facilities or potable water connection
• no cooking facilities
• whether it is prefabricated or built on site
• who can design and build it.

Check with your local council before starting work. Make sure your project does not breach planning rules such as:

• maximum site coverage
• yard or setback requirements
• building recession planes
• permitted activities.

You may need a resource consent. If you do, get it before you start any work.

Water from the roof of these buildings must be disposed of on site or to an appropriate network utility system if there is one. Do not direct stormwater or surface water onto a neighbour’s property.

If the building will be used as a sleepout:

• there must be an existing residential building on the property
• smoke alarms must be fitted
• if the property uses an on-site wastewater system like a septic tank, check that it has the capacity to handle any extra people living there

Check for underground services before you choose the building location. You cannot build over these services.

Summary

Some building work may not need a consent. But you must consider all conditions of the Schedule 1 exemption before doing the work or giving advice to a client or potential client.

The LBP Code of Ethics covers this under the principle of ‘Taking responsibility for your actions’ by informing and educating your client and acting in your client’s interests.

Quiz

1. What does Schedule 1 of the Building Act cover?
   a)    Whether a resource consent is necessary for certain building work
   b)    Whether you are allowed to build a residential dwelling on your property
   c)    Building work that does not require a building consent
2. When using an exemption under Schedule 1, how many of the conditions attached to that exemption must be met?
   a)    None - the owner just wants to get the job done,
   b)    All of them – they are all important and relevant to that building work
   c)    Just half of them – 50% is a pass mark
3. Can I replace a 13-year-old leaking roof under a Schedule 1 exemption?
   a)    Yes, because it is leaking 
   b)    Yes, because I am an LBP with a roofing licence
   c)    No, because the roof being replaced has failed to comply with the building code