Plain language law

New Zealand law explained for everyone

Building Act 2004

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

49: Grant of building consent

You could also call this:

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

If you want to build something, you need to get a building consent. A building consent authority must give you this consent if they think your plans follow the building code. They look at the plans and specifications you give them to make sure everything is correct.

Before the building consent authority gives you the consent, you need to pay them. This includes any charge or fee they ask for about the consent. You also need to pay a levy as mentioned in section 53.

The building consent authority won’t give you the consent until you’ve paid these amounts. Once you’ve paid and they’re happy with your plans, they will give you the building consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306385.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Environment and resources > Town planning
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48: Processing application for building consent, or

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

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50: Refusal of application for building consent, or

“Explaining when and how a building official must say "no" to someone's request to build something”

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

49Grant of building consent

  1. A building consent authority must grant a building consent if it is satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied the application.

  2. However, a building consent authority is not required to grant a building consent until it receives—

  3. any charge or fee fixed by it in relation to the consent; and
    1. any levy payable under section 53.

        Compare
          Notes
          • Section 49(2)(a): amended, on , by section 19 of the Building Amendment Act 2012 (2012 No 23).
          • Section 49(2)(b): amended, on , by section 4(2)(a) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).
          • Section 49(2)(c): repealed, on , by section 4(2)(b) of the Affordable Housing: Enabling Territorial Authorities Act Repeal Act 2010 (2010 No 101).