In August 2020, more building consent exemptions were added to Schedule 1 of the Building Act. As builders have become busier and busier, it’s important for landscapers to be aware of what does and doesn’t require a consent, so they don’t build anything that requires a consent unawares
Despite the new exemptions being around for some times now, there have been several reports of homeowners asking landscapers to carry out work that requires a consent, without realising it does. While it’s technically the property owner’s responsibility to check if one is required, the wrong advice from a landscaper never goes down well.
On 31 August 2020, the Government expanded the building consent exemptions in the Building Act 2004 (Act). The Act already included 43 exemptions in Schedule 1 of the Act. An additional six exemptions have been granted and the scope of four existing exemptions have been expanded.
What are building consent exemptions?
Building consent exemptions recognise that some work is low risk enough that it shouldn’t be subject to the building consent process. Such works do not require a building consent application and, therefore, there is no review of the designs nor regular council inspections of the work while under construction. However, there are restrictions to the exemptions:
All works must still comply with the Building Code. The works may also need to comply with other legislative requirements, such as those under the Resource Management Act 1991, the Electricity Act 1992 and the Health and Safety at Work Act 2015. In many cases, for the exemption to apply, a Licensed Building Practitioner (LBP) is required to carry out or supervise the design and construction, or the design must be carried out or reviewed by a Chartered Professional Engineer (CPEng).
Any plumbing work to a new or current building still requires a building consent, and any electrical work will still have to be carried out by a registered electrician.
Recent exemptions
1. Single-storey detached buildings (eg, sleep outs and sheds).
There are additional exemptions that increase the size of the current exemption (available online):
Kitset or prefab buildings with a maximum floorarea of 30m2, where a manufacturer or supplier has had the design carried out or reviewed by a Chartered Professional Engineer (CPEng).
Buildings with a maximum floor area of 30m2, where a Licensed Building Practitioner (LBP) is to carry out or supervise design and construction.
Buildings with a maximum floor area of 30m2, where only lightweight materials with structural components built in accordance to Building Code compliance B1/AS1 are used, and this work may be done without the help of a professional.
2. Ground-mounted solar array panels (in both rural and urban zones)
In urban zones, there is an exemption for panels up to 20m2, which can be built without the help of a professional.
In urban zones, there is an exemption for panels up to 40m2, where the design has been carried out or reviewed by a CPG.
In rural zones, there is an exemption with no restrictions in panel size, which can be built without the help of a professional.
3. Carports up to 40m2
There are two additional exemptions that increase the size of the building work from the current exemption:
The design has been carried out or reviewed by a CPG.
A LBP has carried out or supervised design and construction.
4. Ground floor awnings up to 30m2
There are two additional exemptions that increase the size of the building work from the current exemption:
The design has been carried out or reviewed by a CPEng.
A LBP has carried out or supervised design and construction.
5. Ground floor verandas and porches up to 30m2
There are two additional exemptions that increase the size of the building work from the current exemption:
The design has been carried out or reviewed by a CPEng.
A LBP has carried out or supervised design and construction.
6. Outdoor fireplaces or ovens
With a maximum height of 2.5m, and maximum cooking surface of 1m2.
7. Flexible water storage bladders
For irrigation or firefighting purposes up to 200,000L in storage capacity.
8. Small pipe supporting structures
For water only and on private land.
9. Short-span (small) bridges
Which the general public cannot access and does not span on a road or rail area. The design needs to be carried out or reviewed by a CPEng.
10. Single-storey pole sheds and hay barns in rural zones
There are two exemptions:
The design has been carried out or reviewed by a CPEng.
A LBP has carried out or supervised design and construction.