Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Change of use, extension of life, and subdivision of buildings

115: Code compliance requirements: change of use

You could also call this:

“Rules for changing how a building is used to make sure it's safe and follows the building code”

You can’t change how you use a building unless you get permission from the local council. They need to be sure that the building will be safe and suitable for its new use.

If you want to add living spaces to a building that didn’t have them before, the council must tell you in writing that they think the building will meet all the rules in the building code as much as possible.

For any other changes, the council must tell you in writing that they think:

The building will meet the rules about fire escapes, protecting nearby buildings, toilets, how strong it is, and how well it resists fire as much as possible.
If the building needs to be accessible for people with disabilities, it will meet those rules as much as possible.
The building will keep following any other rules it already met before the change. If it didn’t meet some rules before, it should at least not get worse in those areas.

The council has to be reasonably sure about all these things before they let you change how you use the building.

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 It might be out of date or be missing some parts.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=DLM306880.

Topics:

Housing and property > Home safety and repairs

Environment and resources > Town planning

Business > Industry rules

114: Owner must give notice of change of use, extension of life, or subdivision of buildings, or

“You must tell the council if you want to change how you use a building, make it last longer, or split up the land it's on.”

116: Code compliance requirements: extension of life, or

“Rules for making a building last longer than originally planned”

Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Change of use, extension of life, and subdivision of buildings

115Code compliance requirements: change of use

An owner of a building must not change the use of the building,—
in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and
in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,—
1. will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:
  1. means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
  2. access and facilities for persons with disabilities (if this is a requirement under section 118); and
2. will,—
  1. if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or
  2. if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

Compare

Notes

Section 115(b): replaced, on 28 November 2013, by section 24 of the Building Amendment Act 2013 (2013 No 100).
Section 115(b)(i)(B): amended, on 8 June 2021, by section 35 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).