Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Functions, duties, and powers of territorial authorities generally

212: Territorial authority must act as building consent authority for its district

You could also call this:

"Councils must check building plans in their area to ensure they are safe and follow the rules."

When you want to build something, you need to get a building consent from the territorial authority in your area. The territorial authority must look at your application and decide if you can build what you want. It also has to check if your building is safe and follows the rules.

The territorial authority has to do this for its own district and for any coastal marine area next to its district, as defined in the Resource Management Act 1991, if that area is not part of another territorial authority's district. But it does not have to do this for dams.

When you apply for a building consent, the territorial authority must give a copy of your application to Fire and Emergency New Zealand if your application is for a certain type of building, as specified under section 46. The territorial authority can transfer some of its jobs to another authority, as described in section 233, and if it does, it does not have to do those jobs anymore.

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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=DLM307853.

Topics:

Government and voting > Local councilsHousing and property > Home safety and repairs

211: Powers of District Court on appeal, or

"The court can change, agree with, or ask for another look at decisions made by the boss of a government department."

213: Territorial authority may make arrangements relating to functions of building consent authority, or

"Local councils can do building consent work themselves or get other groups to help them"

Part 3Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Functions, duties, and powers of territorial authorities generally

212Territorial authority must act as building consent authority for its district

A territorial authority must perform the functions of a building consent authority within its district, and for any coastal marine area (within the meaning of the Resource Management Act 1991) adjacent to its district that is not within the district of another territorial authority, in relation to—
any application for a building consent made to the territorial authority; and
any building consent granted under that application.

Subsection (1) does not apply in the case of dams.
A territorial authority must, in performing its functions as a building consent authority, provide to Fire and Emergency New Zealand a copy of every application for a building consent of a kind specified by notice under section 46.
Subsection (1)—
is subject to the territorial authority's power to transfer, under section 233, any or all of its functions, duties, or powers under this Act to another territorial authority; and
does not apply to any function so transferred by the territorial authority.

Notes

Section 212 heading: amended, on 14 April 2005, by section 17(1) of the Building Amendment Act 2005 (2005 No 31).
Section 212(1): 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 212(1): amended, on 14 April 2005, by section 17(2) of the Building Amendment Act 2005 (2005 No 31).
Section 212(3): replaced, on 1 February 2010, by section 26 of the Building Amendment Act 2009 (2009 No 25).
Section 212(3): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).