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Building Act 2004

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

45: How to apply for building consent

You could also call this:

“ You need to fill out a special form and provide plans and other important information to ask for permission to build something. ”

When you want to apply for a building consent, you need to follow these steps:

You must fill out the correct form and include detailed plans and specifications of your building work. These plans need to meet the requirements set by regulations or by the building consent authority.

If you’re using a national multiple-use approval for some or all of your plans, you need to include a copy of this approval and any small changes you want to make.

If you’re using a modular component in your building work, you need to provide a current manufacturer’s certificate for it.

You also need to give any other information the building consent authority asks for and pay any required fees.

If your building work involves restricted building work, you need to name the licensed building practitioners who will do or supervise this work.

If you’ve already got a project information memorandum for your building work, you need to include this along with any development contribution notices or certificates.

You must provide a list of all specified systems for the building if a compliance schedule is needed, or a list of changes to existing specified systems.

If your application includes design work for restricted building work, this must be done or supervised by licensed building practitioners. They need to provide a certificate of work stating that the design follows the building code or noting any waivers or changes needed.

If you’re doing restricted building work yourself as an owner-builder, you need to include a declaration about this.

If you want to make changes to an existing building consent, you need to apply for an amendment. Small changes can be handled as minor variations, but bigger changes need a new application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306381.

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44: When to apply for building consent, or

“You need to ask for permission before you start building something new or changing your house”

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45A: Minor variations to building consents, or

“Small changes to building plans can be made without filling out special forms”

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

45How to apply for building consent

  1. An application for a building consent must—

  2. be in the prescribed form; and
    1. be accompanied by plans and specifications that are—
      1. required by regulations made under section 402; or
        1. if the regulations do not so require, required by a building consent authority; and
        2. if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by—
          1. a copy of that national multiple-use approval; and
            1. details of any proposed minor customisations; and
            2. if the building work includes the use of a modular component and the applicant wishes to rely on section 19(1)(da), be accompanied by a current manufacturer’s certificate for the component; and
              1. if—be accompanied by a current manufacturer’s certificate for the component; and
                1. the building work is the manufacture of, or includes the use of, a modular component; and
                  1. the component is to be manufactured by a registered MCM who is certified to manufacture it but was designed by someone else; and
                    1. the applicant intends to rely on section 94(2)(a),—
                    2. contain or be accompanied by any other information that the building consent authority reasonably requires; and
                      1. be accompanied by any fees and charges imposed by the building consent authority under section 219 or 240 (as applicable); and
                        1. in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and
                          1. if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by—
                            1. the project information memorandum; and
                              1. a development contribution notice under section 36 (if any); and
                                1. a certificate issued under section 37 (if any); and
                                2. be accompanied by either one of the following:
                                  1. if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or
                                    1. if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being—
                                      1. altered in the course of the building work:
                                        1. added to the building in the course of the building work:
                                          1. removed from the building in the course of the building work.

                                        2. If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

                                        3. The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a certificate of work—

                                        4. provided by 1 or more licensed building practitioners who carried out or supervised that design work; and
                                          1. that identifies that design work; and
                                            1. that states—
                                              1. that the design work complies with the building code; or
                                                1. whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

                                                2. A certificate of work provided under subsection (3) does not, of itself,—

                                                3. create any liability in relation to any matter to which the certificate of work relates; or
                                                  1. give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.

                                                    1. An application for an amendment to a building consent must,—

                                                    2. in the case of a minor variation, be made in accordance with section 45A; and
                                                      1. in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.

                                                        1. The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—

                                                        2. if the building work includes restricted building work to be carried out by the owner-builder; or
                                                          1. if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder.

                                                            Compare
                                                              Notes
                                                              • Section 45(1)(ba): inserted, on , by section 15(1) of the Building Amendment Act 2009 (2009 No 25).
                                                              • Section 45(1)(bb): inserted, on , by section 22 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                              • Section 45(1)(bc): inserted, on , by section 22 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                                                              • Section 45(1)(d): replaced, on , by section 18(2) of the Building Amendment Act 2012 (2012 No 23).
                                                              • Section 45(1)(d): amended, on , by section 8 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).
                                                              • Section 45(2): replaced, on , by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
                                                              • Section 45(2): amended, on , by section 19(1) of the Building Amendment Act 2013 (2013 No 100).
                                                              • Section 45(3): replaced, on , by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
                                                              • Section 45(3): amended, on , by section 19(2) of the Building Amendment Act 2013 (2013 No 100).
                                                              • Section 45(3A): inserted, on , by section 19(3) of the Building Amendment Act 2013 (2013 No 100).
                                                              • Section 45(4): replaced, on , by section 15(2) of the Building Amendment Act 2009 (2009 No 25).
                                                              • Section 45(5): replaced, on , by section 18(1) of the Building Amendment Act 2012 (2012 No 23).