42BBuilding work for which building consent is not required under Schedule 1A

1. Despite section 40, a building consent is not required for building work specified in Schedule 1A, subject to the conditions set out in subsection (3) and whether or not a building consent would otherwise have been required.

2. Despite subsection (1), an owner who wishes to obtain a building consent for the work described in clause 1 of Schedule 1A, which defines a small stand-alone dwelling, and the other work described in that schedule, may apply for a building consent for that work, and in that case this Act applies as if the work required a building consent.

3. The exemption created by subsection (1) is subject to the following conditions:

4. the building work complies with the building code to the extent required by this Act:
5. all building work (including all design work described in paragraph (b) of the definition of restricted building work in section 7(1)), sanitary plumbing, drainlaying, electrical work, or gasfitting is carried out in accordance with the requirements of this Act and, where applicable, the Plumbers, Gasfitters, and Drainlayers Act 2006, the Electricity Act 1992, or the Gas Act 1992, by a person who is authorised to do the work:
6. no building work on a non-consented small stand-alone dwelling may be carried out before a project information memorandum for that dwelling in relation to its final site has been issued under section 34 by the relevant territorial authority and building work may continue only until the project information memorandum lapses:
7. the building work is carried out on land that is not subject to a natural hazard (as advised by the relevant territorial authority) or, where a natural hazard (within the meaning of section 71(3)) is present or is likely to be present on the relevant land or construction of the dwelling is likely to accelerate, worsen, or result in a natural hazard on the land or any other property, building work is not carried out unless adequate provision has been made to protect the land, building work, or other property from the natural hazard:
8. the small stand-alone dwelling is not constructed over a boundary on land that comprises or partly comprises 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same record of title or not).

9. The owner of a non-consented small stand-alone dwelling must send to the territorial authority that issued the relevant project information memorandum, within 20 working days after completion of the building work (as defined in subsection (6)),—

10. the records of work and other documents described in subsection (6)(a) to (d):
11. a set of final design plans for building, sanitary plumbing, and drainlaying work and the certificate of work required by section 45AA.

12. A person who contravenes subsection (4) commits an infringement offence and is liable to a fine not exceeding $1,000.

13. For the purposes of this Act, building work in connection with a non-consented small stand-alone dwelling is complete when the owner of the building has received from the relevant designers, builders, plumbers, drainlayers, electricians, and gasfitters—

14. the records of work required under section 88 for restricted building work:
15. the records of work required under section 27A of the Plumbers, Gasfitters, and Drainlayers Act 2006 for prescribed sanitary plumbing and drainlaying:
16. all certificates of compliance and electrical safety certificates required under the Electricity Act 1992 or the Electricity (Safety) Regulations 2010 for electrical work or any corresponding document under subsequent legislation that amends or replaces that Act or those regulations:
17. all certificates of compliance and gas safety certificates required under the Gas Act 1992 or the Gas (Safety and Measurement) Regulations 2010 for gasfitting work or any corresponding document under subsequent legislation that amends or replaces that Act or those regulations.

18. To avoid doubt, building work, sanitary plumbing, and drainlaying undertaken in connection with a non-consented small stand-alone dwelling must comply with applicable requirements under other legislation or documents under that legislation (for example, the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001)), unless the context otherwise requires.