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Building Act 2004

Building - Building work—Project information memoranda and building consents - Limitations and restrictions on building consents: Construction of building on 2 or more allotments

77: Building consent must not be granted until condition is imposed under section 75

You could also call this:

“Building officials can't approve construction across multiple sections until special rules are followed”

A building consent authority can’t give you permission to build until the territorial authority has issued a special certificate. This certificate is mentioned in section 75.

If the building consent authority asks, the territorial authority must add a condition to the certificate. This condition is important for the building work.

The certificate needs to be official. The territorial authority must authenticate it, and you, as the owner, need to sign it.

After that, the territorial authority will give a copy of the certificate to the Registrar-General of Land. This is like an official record keeper.

Finally, the building consent authority will write down the condition from the certificate on your building consent. This makes sure everyone knows about the special condition for your building work.

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 It might be out of date or be missing some parts.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=DLM306825.

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76: Exemption from section 75, or

“The law allows exceptions to the rule about building on multiple pieces of land in some special cases.”

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78: Registrar-General of Land must record entry on record of title when certificate is lodged under section 77, or

“When someone brings a special paper, the person in charge of land records must write a note on the land's official papers.”

Part 2 Building
Building work—Project information memoranda and building consents: Limitations and restrictions on building consents: Construction of building on 2 or more allotments

77Building consent must not be granted until condition is imposed under section 75

  1. A building consent authority must not grant a building consent for building work to which section 75 applies until the territorial authority has issued the certificate under section 75(2).

  2. The territorial authority must impose that condition if the building consent authority requests it to do so.

  3. The certificate must be—

  4. authenticated by the territorial authority; and
    1. signed by the owner.

      1. The territorial authority must lodge a copy of the certificate with the Registrar-General of Land.

      2. The building consent authority must note, on the building consent, the condition imposed in the certificate.

      Notes
      • Section 77(1): amended, on , by section 23(1) of the Building Amendment Act 2009 (2009 No 25).
      • Section 77(5): inserted, on , by section 23(2) of the Building Amendment Act 2009 (2009 No 25).