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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:

“Sometimes you don't need permission to build or change things”

You don’t always need a building consent for some types of building work. Here are some cases where you don’t need one:

For buildings owned by the government that aren’t covered by this law.

For building work listed in Schedule 1 of this Act. You can check section 42A to see what’s included.

When you need to do urgent building work to save lives, protect health, or stop serious property damage. This also applies to making sure safety systems in a building are working properly.

For building work in areas that have been specially marked under subpart 6B of this Act.

For building work done to investigate building failures.

For energy work that doesn’t need a building consent, as mentioned in section 43.

For building work that local councils are allowed to do under this Act.

For making modular building parts by registered manufacturers who are certified to design and make them, when these parts will be used in building work somewhere else.

The government can change Schedule 1 to add, expand, or clarify what building work doesn’t need a consent. They do this through an official order, which is then published as part of the law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

“ You need to ask for a special paper if you do building work in an emergency without getting permission first ”

Part 2 Building
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 for which a building consent is not required (see section 42A); 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. 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. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Compare
                                Notes
                                • Section 41(1)(b): replaced, on , by section 17(1) of the Building Amendment Act 2013 (2013 No 100).
                                • 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(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).