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Building Act 2004

Building - Building work—Project information memoranda and building consents - Project information memoranda

35A: Additional information to be supplied in certain circumstances

You could also call this:

"Extra information you get when building a small house without consent"

Illustration for Building Act 2004

When a territorial authority issues a project information memorandum for building work on a non-consented small stand-alone dwelling, you get extra information. The memorandum comes with a document that says if the building work will meet certain characteristics, as outlined in clause 1 of Schedule 1A. It also says if the land has natural hazards, like those mentioned in section 71(3), or if the building work will make hazards worse. The document tells you if the territorial authority thinks the building work will affect natural hazards on the land or other properties. If there are natural hazards, the document explains if section 71(2) would apply without Schedule 1A. It may also say that you need a building consent or to change your plans to protect the land and building from natural hazards. The document describes any bylaws that affect the design, construction, or location of the dwelling, such as bylaws about wastewater or stormwater pipes. The territorial authority can add other relevant information about the land, like details from the district plan and regional plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1568438.

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Part 2Building
Building work—Project information memoranda and building consents: Project information memoranda

35AAdditional information to be supplied in certain circumstances

  1. This section applies if a project information memorandum is issued by a territorial authority for building work in connection with a non-consented small stand-alone dwelling.

  2. The memorandum must be accompanied by an attached document, in the prescribed form, containing—

  3. a statement indicating whether—
    1. the proposed building work is likely or unlikely to satisfy the characteristics of clause 1 of Schedule 1A; or
      1. it is unclear if the proposed building work is likely to satisfy those characteristics; and
      2. a statement indicating whether the territorial authority considers that the construction of the dwelling—
        1. is proposed to occur on land that is, or is likely to be, subject to 1 or more natural hazards (within the meaning of section 71(3)) or that it is unclear whether that is likely to be the case; or
          1. is likely to accelerate, worsen, or result in a natural hazard on that land or any other property, or that it is unclear whether that effect is likely to occur; and
          2. if the territorial authority advises under paragraph (b) that there is or is likely to be a natural hazard present on the relevant land, or that the construction of the dwelling is likely to accelerate, worsen, or result in a natural hazard on the land or any other property,—
            1. a statement as to whether section 71(2) would apply if Schedule 1A did not apply; and
              1. if a statement is made under subparagraph (i) that section 71(2) would not apply if Schedule 1A did not apply, a statement that a building consent may be required, or that the preliminary design plans may need to be amended to adequately protect the land, building work, or other property from the natural hazard; and
              2. a description of any bylaws that may affect the design, construction, or location of the non-consented small stand-alone dwelling (for example, bylaws relating to wastewater or stormwater pipes).

                1. The document may contain any other information concerning the land that the territorial authority considers, at its discretion, to be relevant (including relevant information in the district plan and regional plan).

                Notes
                • Section 35A: inserted, on , by section 11 of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).