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Building Act 2004

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

67: Territorial authority may grant building consent subject to waivers or modifications of building code

You could also call this:

“ The local council can allow changes to building rules when giving permission to build, except for rules about access for disabled people. ”

You can ask your local council for a building consent, even if your project doesn’t fully meet the building code. The council can agree to change or waive some parts of the code for you.

If the council agrees to change or waive parts of the code, they might add some extra rules you need to follow. These extra rules are there to make sure your building is still safe and works well.

However, there’s one important exception. The council can’t change or waive any parts of the building code that are about making buildings accessible for people with disabilities. These rules always need to be followed exactly as they are in the code.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306812.

Topics:
Housing and property > Home safety and repairs
Rights and equality > Anti-discrimination
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Part 2 Building
Building work—Project information memoranda and building consents: Waivers and modifications

67Territorial authority may grant building consent subject to waivers or modifications of building code

  1. A building consent authority that is a territorial authority may grant an application for a building consent subject to a waiver or modification of the building code.

  2. A waiver or modification of the building code under subsection (1) may be subject to any conditions that the territorial authority considers appropriate.

  3. The territorial authority cannot grant an application for a building consent subject to a waiver or modification of the building code relating to access and facilities for people with disabilities.

Notes
  • Section 67(3): replaced, on , by section 8 of the Building Amendment Act 2005 (2005 No 31).