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Planning Bill

Foundations - Duties and restrictions - Existing uses

22: Certain existing building works allowed

You could also call this:

"Some building work is allowed even if it doesn't follow the rules, if you had permission first."

Illustration for Planning Bill

You can use land in a way that does not follow a national rule or a rule in a plan if you have a building consent. This building consent must have been issued before the rule came into force. The building work or intended use must not have broken any rules at the time the consent was issued. You can still use the land if you have a building consent, but there are some exceptions. If your building consent is changed after the rule comes into force, you might not be able to use the land in the same way. If your building consent lapses or is cancelled, or if you do not get a code compliance certificate within a certain time, you might not be able to use the land in the same way. Some words in this section have special meanings, like 'building' and 'building work', which are defined in the Building Act 2004. 'Intended use' also has a special meaning, which is defined in the Building Act 2004. 'Came into force' has a special meaning, which is defined in section 20(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549915.

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Housing and property > Land useHousing and property > Home safety and repairs
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"Asking to keep using land in a way that's not allowed if you've already stopped using it that way"

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Part 2Foundations
Duties and restrictions: Existing uses

22Certain existing building works allowed

  1. A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect, if—

  2. the use is a building work or an intended use of a building; and
    1. a building consent was issued for the building work or intended use (and any amendments incorporated into that building consent) in accordance with the Building Act 2004 before the rule came into force; and
      1. at the time the building consent was issued (and any amendments incorporated into that building consent), the building work or intended use as stated in that building consent—
        1. did not contravene a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect; or
          1. otherwise could have been carried out without a planning consent for another reason.

          2. However, subsection (1) does not apply if,—

          3. after the rule came into force, the building consent is amended so that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
            1. the building consent has lapsed or is cancelled; or
              1. a code compliance certificate for the building work is not issued in accordance with the Building Act 2004 within—
                1. 2 years after the rule came into force; or
                  1. any further period that territorial authority may allow after it is satisfied that reasonable progress has been made towards completing the building work during those 2 years.

                  2. For the purpose of subsection (2)(b), the issuing in accordance with the Building Act 2004 of a code compliance certificate for the building work must not be treated as cancelling the building consent.

                  3. In this section,—

                    building has the meaning given in sections 8 and 9 of the Building Act 2004

                      building work has the meaning given in section 7 of the Building Act 2004

                        came into force has the meaning given in section 20(5)

                          intended use, in relation to a building, has the meaning given in section 7 of the Building Act 2004.