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Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Alterations to existing buildings

112: Alterations to existing buildings

You could also call this:

“This law explains how to make changes to old buildings while keeping them safe and accessible for everyone.”

When you want to make changes to an existing building, you need to get a building consent. The building consent authority (the people who give out building consents) will only give you one if they’re sure that after the changes:

You’ve made the building as safe as possible when it comes to fire escapes and access for people with disabilities. These need to meet the building code as closely as they can.

The rest of the building will either keep following the building code if it did before, or at least not be worse than it was before the changes.

Sometimes, even if the building doesn’t meet all the rules in the building code, the local council might still let you make changes. They can do this if they think that without allowing the changes, you wouldn’t be able to make any improvements at all. But they’ll only do this if the changes will make the building safer in terms of fire escapes or access for people with disabilities, and if these improvements are more important than the parts that don’t follow the code.

Remember, there’s another rule (section 133AT) that might change how this works, so make sure to check that too.

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 It might be out of date or be missing some parts.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=DLM306875.

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Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Alterations to existing buildings

112Alterations to existing buildings

  1. A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration,—

  2. the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—
    1. means of escape from fire; and
      1. access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and
      2. the building will,—
        1. if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or
          1. if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.

          2. Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,—

          3. if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and
            1. the alteration will result in improvements to attributes of the building that relate to—
              1. means of escape from fire; or
                1. access and facilities for persons with disabilities; and
                2. the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.

                  1. This section is subject to section 133AT.

                  Compare
                    Notes
                    • Section 112(1): replaced, on , by section 23 of the Building Amendment Act 2013 (2013 No 100).
                    • Section 112(3): inserted, on , by section 11 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).