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Building Act 2004

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

48: Processing application for building consent

You could also call this:

“How the government decides if you can build something within a set time”

When you apply for a building consent, the building consent authority must decide within a certain time whether to grant or refuse your application. The time they have depends on the type of building work:

  • If you’re using a national multiple-use approval, they have 10 working days.
  • If you’re building a whole building using a single modular component from a certified manufacturer, they also have 10 working days.
  • If you’re using modular components but not building a whole building with just one, they have 20 working days or less if the rules say so.
  • For all other cases, they have 20 working days.

The authority can ask you for more information during this time. If they do, the clock stops until you give them the information.

When deciding, the authority must think about any advice from Fire and Emergency New Zealand. They also need to check if you’re planning to use any building products or methods that have been warned against or banned.

If the authority needs more time, they can extend the deadline, but they must tell you why and when they’ll decide by.

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 It might be out of date or be missing some parts.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=DLM306384.

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47: Fire and Emergency New Zealand may give advice on applications under section 46, or

“Firefighters can give safety tips when someone wants to build or change a building”

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49: Grant of building consent, or

“The rules for when the building people say you can build something.”

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

48Processing application for building consent

  1. After receiving an application for a building consent that complies with section 45, a building consent authority must, within the time limit specified in subsection (1A),—

  2. grant the application; or
    1. refuse the application.

      1. The time limit is,—

      2. if the application includes plans and specifications in relation to which a national multiple-use approval has been issued, 10 working days after receipt by the building consent authority of the application; and
        1. 10 working days after receipt by the building consent authority of the application if—
          1. the building work is work for or in connection with the construction of a whole building; and
            1. the building (excluding site work, such as foundations and connections to services) will consist solely of a single modular component; and
              1. that modular component is designed and manufactured by a registered MCM who is certified to design and manufacture it; and
                1. the manufacturer’s certificate for that modular component covers all of the building work to which the application relates other than site work such as foundations and connections to services; and
                2. if the building work includes the use of 1 or more modular components but paragraph (aa) does not apply, 20 working days after receipt by the building consent authority of the application or any shorter period prescribed by the regulations; and
                  1. in all other cases, 20 working days after receipt by the building consent authority of the application.

                    1. A building consent authority may, within the period specified in subsection (1A), require further reasonable information in respect of the application, and, if it does so, the period is suspended until it receives that information.

                    2. In deciding whether to grant or refuse an application for a building consent, the building consent authority must have regard to—

                    3. a memorandum provided by Fire and Emergency New Zealand under section 47 (if any); and
                      1. whether a building product or building method in relation to which a warning or ban under section 26(2) is in force will, or may, be used or applied in the building work to which the building consent relates.

                        1. Subsection (3) does not limit section 49(1).

                        Compare
                          Notes
                          • Section 48(1): replaced, on , by section 17(1) of the Building Amendment Act 2009 (2009 No 25).
                          • Section 48(1A): inserted, on , by section 17(1) of the Building Amendment Act 2009 (2009 No 25).
                          • Section 48(1A): amended, on , by section 23(1) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 48(1A)(a): amended, on , by section 23(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 48(1A)(aa): inserted, on , by section 23(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 48(1A)(ab): inserted, on , by section 23(3) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 48(1A)(b): amended, on , by section 23(2) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
                          • Section 48(2): amended, on , by section 17(2) of the Building Amendment Act 2009 (2009 No 25).
                          • Section 48(3)(a): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                          • Section 48(3)(b): amended, on , by section 23(4) of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).