Plain language law

New Zealand law explained for everyone

Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

433: Transitional provision for building consents granted under former Act

You could also call this:

“Old building permits are treated like new ones, but without some of the new rules.”

If you got a building consent under the old law before this new law started, it will be treated as if it were given under the new law. This means your building consent is still valid and recognised under the new system.

However, there are two important things to know about these old building consents:

Firstly, a rule called section 93 doesn’t apply to these old consents. This means some requirements might be different for your old consent compared to new ones.

Secondly, the building consent authority (like your local council) doesn’t have to give you a code compliance certificate within a specific time frame. A code compliance certificate is a document that says your building work meets the rules. For new consents, there’s usually a time limit for giving these out, but not for your old consent.

These rules help make sure that building work approved under the old system can continue smoothly under the new system, while also recognising that some processes might be a bit different.

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 It might be out of date or be missing some parts.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=DLM309316.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Previous

432: Transitional provision for certain applications, or

“Old building applications are handled differently when new rules start”

Next

434: Transitional provision for certain entries on certificates of title made under former Act, or

“Rules for old notes on land titles now work under the new law”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

433Transitional provision for building consents granted under former Act

  1. A building consent that was granted under section 34 of the former Act before the commencement of this section must, on that commencement, be treated as if it were a building consent granted under section 49.

  2. However,—

  3. section 93 does not apply; and
    1. accordingly, a building consent authority is not required to issue a code compliance certificate for the building work concerned within the period specified in that section.

      Notes
      • Section 433(2)(b): amended, on , by section 16(2)(b) of the Building Amendment Act 2005 (2005 No 31).