Building Act 2004

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

116A: Code compliance requirements: subdivision

You could also call this:

"Rules for subdividing buildings to ensure they meet safety standards"

When you want to subdivide a building or part of a building, the territorial authority must check a few things. You need to make sure the building will comply with the building code in areas like escape from fire and access for people with disabilities. The building must also protect other property.

The territorial authority must also be satisfied that the building will continue to comply with the building code after the subdivision, either by keeping the same standards it had before or by not getting any worse. This is so you can get a certificate under section 224(f) of the Resource Management Act 1991 for your subdivision. You should look at section 118 to see if access and facilities for people with disabilities are required.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306884.

Topics:

Housing and property > Home safety and repairsEnvironment and resources > Town planning

116: Code compliance requirements: extension of life, or

"Rules for making a building last longer than originally planned"

116B: Offence to use building for use for which it is not safe or not sanitary, or if it has inadequate means of escape from fire, or

"You can get in big trouble if you use a building that isn't safe, clean, or easy to escape from if there's a fire."

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

116ACode compliance requirements: subdivision

A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—
will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following matters:
1. means of escape from fire:
2. access and facilities for persons with disabilities (if this is a requirement under section 118):
3. protection of other property; and
will,—
1. if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or
2. if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.

Notes

Section 116A: inserted, on 14 April 2005, by section 14(1) of the Building Amendment Act 2005 (2005 No 31).
Section 116A: amended, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
Section 116A(a): amended, on 28 November 2013, by section 25(1) of the Building Amendment Act 2013 (2013 No 100).
Section 116A(b): replaced, on 28 November 2013, by section 25(2) of the Building Amendment Act 2013 (2013 No 100).