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Resource Management Act 1991

Duties and restrictions under this Act - Land

10B: Certain existing building works allowed

You could also call this:

“ You can use buildings that were approved before new rules, even if they don't follow the new rules. ”

You can use land in a way that goes against a district plan rule if you’re doing building work or using a building in a way that’s considered legally allowed. This is based on the Building Act 2004’s definition of building work or intended use.

Your building work or intended use is considered legally allowed if you got a building consent before the district plan rule came into effect. The building work or intended use, as stated on your consent, must not have broken any rules when you got it.

However, this doesn’t apply if you change your building consent after the district plan rule has come into effect, and this change makes your building work or use different in character, intensity, or scale. It also doesn’t apply if your building consent has expired or been cancelled, or if you haven’t gotten a code compliance certificate within two years after the district plan rule came into effect (unless the council gives you more time).

The rules in section 10(4) and (5) also apply to this section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231938.

Topics:
Housing and property > Land use
Housing and property > Home safety and repairs
Environment and resources > Town planning
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Part 3 Duties and restrictions under this Act
Land

10BCertain existing building works allowed

  1. Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).

  2. Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—

  3. a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and
    1. the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.

      1. Subsection (2) shall not apply if—

      2. the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
        1. the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or
          1. a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.

            1. Section 10(4) and (5) apply to this section.

            Notes
            • Section 10B: inserted, on , by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 10B(1): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(2)(a): amended, on , by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(2)(a): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(3)(a): amended, on , by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(3)(b): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(3)(c): amended, on , by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(3)(c): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(4): replaced, on , by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).