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Building Act 2004

Building - Building work—Project information memoranda and building consents - Building consents

41: Building consent not required in certain cases

You could also call this:

"When You Don't Need a Building Consent"

Illustration for Building Act 2004

You do not need a building consent in certain situations. This can include work on a Crown building or work that is listed in Schedule 1 or Schedule 1A. You also do not need a consent for urgent work to save a life or prevent damage. You do not need a building consent for work carried out by a territorial authority. This also includes the manufacture of modular components designed and made by a registered person. The Governor-General can change Schedule 1 by adding or removing work that does not need a consent. The Governor-General can also change Schedule 1A on the recommendation of the Minister. Any changes made are secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019. This means the changes must be published in a certain way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306377.

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40: Building work not to be carried out without consent, or

"You must get permission before you build anything, or you could be punished."

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42: Owner must apply for certificate of acceptance if building work carried out urgently, or

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Part 2Building
Building work—Project information memoranda and building consents: Building consents

41Building consent not required in certain cases

  1. Despite section 40, a building consent is not required in relation to—

  2. a Crown building or Crown building work to which, under section 6, this Act does not apply; or
    1. any building work described in Schedule 1 or Schedule 1A for which a building consent is not required (see sections 42A and 42B); or
      1. any building work in respect of which a building consent cannot practicably be obtained in advance because the building work has to be carried out urgently—
        1. for the purpose of saving or protecting life or health or preventing serious damage to property; or
          1. in order to ensure that a specified system in a building that is covered by a compliance schedule, or would be covered if a compliance schedule were issued in respect of the building, is maintained in a safe condition or is made safe; or
          2. any building work that is carried out under section 133BS (which relates to buildings located in areas designated under subpart 6B); or
            1. any building work that is carried out under section 133BV or 133BW (which relate to buildings located in areas designated under subpart 6B); or
              1. any building work that is carried out under the powers of investigation in sections 207G to 207M (which relate to building failures); or
                1. any energy work that, under section 43, does not require a building consent; or
                  1. any building work that a territorial authority is authorised to carry out under this Act; or
                    1. the manufacture of a modular component that is designed and manufactured—
                      1. by a registered MCM who is certified to design and manufacture the component; and
                        1. with the intention that the component will be used in building work that is carried out somewhere else.

                        2. The Governor-General may, by Order in Council, amend Schedule 1 by—

                        3. adding any building work or class of building work to Schedule 1 as being building work for which a building consent is not required:
                          1. removing any building work or class of building work from Schedule 1 as being building work for which a building consent is not required:
                            1. extending or clarifying the scope of any building work or class of building work listed in Schedule 1 as building work for which a building consent is not required:
                              1. restating, for the purpose of clarity, any building work or class of building work listed in Schedule 1.

                                1. The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1A by adding to, removing, or amending any requirements for a small stand-alone dwelling or other provisions in clauses 2 and 3 of Schedule 1A.

                                2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Notes
                                • Section 41(1)(b): replaced, on , by section 14(1) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                                • Section 41(1)(ca): inserted, on , by section 9 of the Building Amendment Act 2019 (2019 No 27).
                                • Section 41(1)(cb): inserted, on , by section 9 of the Building Amendment Act 2019 (2019 No 27).
                                • Section 41(1)(cc): inserted, on , by section 9 of the Building Amendment Act 2019 (2019 No 27).
                                • Section 41(1)(f): inserted, on , by section 20 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                • Section 41(2): replaced, on , by section 17(2) of the Building Amendment Act 2013 (2013 No 100).
                                • Section 41(2)(aa): inserted, on , by section 14(2) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                                • Section 41(2A): inserted, on , by section 14(3) of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).
                                • Section 41(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).