Processing your consent
If Council makes a request for more information, the processing time frame is paused (the statutory time clock is stopped) until all of the information requested is received. Once all information is received, the statutory clock is restarted.
On this page:
- Conditions on building consents
- Fire and Emergency New Zealand
- Section 49 requirement
- BCA complaints
- Determination process
This section contains information about the conditions that can be issued on a building consent and the importance that everyone in the building process understand them.
During the building process, you need to follow the approved plans and adhere to specific requirements as per the building consent. The consent documentation will have information on required inspections, producer statements required from specialists with appropriate supporting evidence and other conditions as required by the Building Act.
There are five specific conditions that can be applied to an issued building consent:
The approved plans contain waivers or modifications to the building code issued by the Territorial Authority under Section 67 of the Building Act.
The building consent has been issued with a notification, condition that the land is subject to natural hazards (for example flooding or landslips).
The building has been issued subject to condition where if building over two (or more) allotments, these cannot be transferred or leased except in conjunction with the other allotments.
The building consent has been issued with the condition that inspections will need to be conducted. This condition will always apply and must be complied with in order to ensure that a Code Compliance Certificate can be issued.
The building consent has been issued with the condition that the building has 'limited life' as determined by the owner/application.
It is important that you read all the documentation supplied and are clear about the requirements.
Sometimes you will need to ensure that inspections are conducted by an appropriate engineer or other professional, as well as Council, to meet the requirements on the consent.
These inspections are organised and paid by you.
You can seek further information and guidance on the Ministry of Business, Innovation and Employment - Building Performance website.
In order to grant a building consent, Council must take into account any memorandum from Fire and Emergency New Zealand. This is a document that confirms the correct safety and emergency exits and features are within the proposed plans.
Council allows up to 10 working days for this to be processed, otherwise they may make the decision independently.
You can find information specific to each consent on the relevant pages. If you have any questions on this, you can also contact us.
Read an update from MBIE about changes that have been made to the NZ Building Code Acceptable Solutions for Protection from Fire to restrict the use of combustible cladding on buildings above three storeys.
When all fees are paid and Council is satisfied on reasonable grounds that your planned project complies with the building code, your building consent will be issued.
Once your consent is issued, make sure you read the full documentation carefully. In some circumstances, having a building consent issued to you does not necessarily mean that construction can start. Other legislation needs to be considered and you may have to wait for other authorisations such as a resource consent. These conditions will be listed on a certificate attached to your building consent (section 37 of the Building Act).
Conditions may be applied to a consent if the building work has a specified intended life, or they could mean that your consent is granted but there are other rules that must be adhered to.
Legislation for Section 49:
(1) A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.
(2) However, a building consent authority is not required to grant a building consent until is receives -
(a) any charge or fee fixed by it in relation to the consent; and
(b) any levy payable under Section 53.
Determinations are a legally binding ruling made by the Ministry of Business, Innovation and Employment (MBIE). They are about doubts or disputes to do with building work and are normally applied for for by building owners, although Councils and other people are allowed to apply.
If you are unsure whether applying for a determination is your best option, contact MBIE or click the links below;
4 July 2018