Local Government Act 1974

Roads (other than regional roads), service lanes, and access ways - Safety provisions as to roads

354: Construction of cellar or making any excavation in vicinity of road

You could also call this:

"Building near a road: you must ask the council first"

Illustration for Local Government Act 1974

If you want to build a cellar or dig a hole near a road, you must tell the council first. You need to get the council's permission before you start the work, unless you already have a building consent under the Building Act 2004. You must build the cellar or hole in a way that stops it from filling with stagnant water or other dirty matter.

When the council gives you permission, they can say that you cannot blame them if the cellar or your property gets damaged because of a problem with the water or sewerage system. The council will send a copy of their decision to the Registrar-General of Land or the Registrar of Deeds, and they will register that your land has conditions on it.

This rule applies to everyone, even the government. If you are digging near a road, private road, or someone else's property, you must follow these rules to keep everyone safe.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM420695.

Topics:

Housing and property > Land useGovernment and voting > Local councils

353: General safety provisions as to roads, or

"Keeping You Safe on Roads"

355: Council may require removal of overhanging trees, etc, or

"Council can ask you to trim or remove trees hanging over the road for safety"

Part 21Roads (other than regional roads), service lanes, and access ways
Safety provisions as to roads

354Construction of cellar or making any excavation in vicinity of road

Where the owner or occupier of any land proposes to construct a cellar, or make any other excavation (other than a cellar or other excavation to be constructed or made in accordance with a building consent under the Building Act 2004), within 20 metres from any road, private road, or any adjoining property, he shall give notice of his intention to the council, whose consent must first be obtained before the work is commenced; and the owner or occupier shall cause the cellar or excavation to be so constructed or made that it cannot become a receptacle for stagnant water or other impure matter.
Where, under subsection (1), the council grants its consent to the construction of any cellar, it may grant its consent subject to a condition that neither the owner nor the occupier nor their successors in title shall be entitled to claim against the council for any damage caused to the cellar or any property therein arising, whether directly or indirectly, from any defect in any water-supply system, sewerage system, or other public-utility service under the control of the council.
As soon as conveniently may be after the passing of a resolution by the council granting its consent to the construction of a cellar subject to the conditions specified in subsection (2), the council shall send a copy of the resolution, authenticated by the council, to the Registrar-General of Land, or the Registrar of Deeds, as the case may require, who shall deposit the same in his office and register against the title to the land a memorandum under his hand that the land is subject to those conditions.
This section shall bind the Crown.

Notes

Section 354: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).
Section 354(1): amended, on 31 March 2005, pursuant to section 415(1) of the Building Act 2004 (2004 No 72).
Section 354(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Section 354(3): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017 No 30).