Building Consents - Waitaki District Council

Doing some research into the process for building a home. For obvious legal purposes I'm initially exploring regulated options - but the local and regional governments have made sure that almost all avenues of freedom have been shut to ensure they get their fair share of "every-damned-little-thing-they-can".

The following are relevant excerpts taken directly from the Waitaki District Council's website:

What is a Building Consent?

A Building Consent is approval to carry out building work and is issued by a Building Consent Authority (BCA) once detailed drawings and specifications have been checked to ensure that the proposal meets the requirements of the Building Code. A building consent is a legal document issued by a BCA in accordance with the Building Act 2004. At this stage there are no private Building Consent Authorities, so the consent must be approved and issued by the Council.

When Do I Need a Building Consent?

A Building Consent is required for all work involving construction, alteration, demolition and maintenance of new and existing buildings. This includes:

-     Retaining walls higher than 1.5m

-     Garages and carports

-     Structural building: alterations, extensions, re-piling

-     New buildings

-     Decks, platforms or bridges more than 1.5m off the ground

-     Fences (higher than 2.5m)

-     Plumbing and drainage work (except repairs)

-     Any building located within its height of the boundary

-     Heating including fireplaces, ventilation and some air conditioning systems

-     Relocation of a building

-     Change of use of a building

-     Sheds greater than 10 square metres in floor area

-     Shade Sail over 50 square metres

-     Install a container on your property as a permanent or temporary fixture if to be used as a building

A Building Consent allows you to carry out building work in accordance with the consent and associated plans and specifications, provided all other requirements have been met.

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Can I build without a Consent?

Changes to the Building Act 2004, Schedule 1 allows for some small buildings to be exempt from building consent provided is not a spa or swimming pool enclosure/fence.

Even if consent is not required, all building work must comply with the Building Code.

The Schedule 1 (paragraph i) states a building consent is not required for if a building not exceed 1 storey, does not exceed 10 square metres in floor area, and does not contain sanitary facilities or facilities for the storage of potable water, but may contain sleeping accommodation (without cooking facilities) if the detached building is used in connection with a dwelling:

(Schedule 1, paragraph jb) The construction, alteration, or removal of a pergola.

Even if a building consent is not required, the construction still needs to comply with the NZ Building Code. This includes spouting/stormwater control.

What happens if you do not have a consent?

If you carry out building work without a building consent you are liable for a fine and may also have trouble selling the building or obtaining insurance. If the building is damaged or destroyed because of a fault occurring in the unauthorized work, an insurance company could legally refuse to pay you.

The Building Act 2004 allows for any person to apply for a "Certificate of Acceptance" for any work that has been completed without a building consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A “Certificate of Acceptance" must be applied for on the appropriate form.

Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of building users then you need to refer the matter to Council at the earliest date.