What is a Building Consent?
The Building Act 2004 (the Act) is intended to ensure buildings are designed and built properly the first time.
Section 40 of the Act requires that buildings are not to be constructed, altered, demolished or removed without a building consent.
A building consent is the authority that permits the building work to be carried out. It is issued after your planned project has been assessed as being compliant with the Building Code (the Code).
A consent is needed for most building work. Our staff are able to assist you and advise if the project you are considering needs a consent. The meaning of building in Section 8 of the Act is very broad – “a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery or chattels)”.
The meaning of building can include pool fences, retaining walls, flagpoles, telecommunications aerials as well as the more conventional buildings such as houses, extensions thereto etc.
Building work that does not require a building consent is listed in Schedule 1 of the Act.
ALL BUILDING WORK MUST COMPLY WITH THE BUILDING CODE.
While some work does not require a building consent, eg. some retaining walls under 1.5m in height without a surcharge, it must never-the-less still comply with the Building Code.
It is the applicant’s responsibility to demonstrate how their building work complies with the Code.
Are other approvals needed before building work can commence?
Sometimes to comply with District Plans a resource consent may be needed. Obtaining a Project Information Memorandum (PIM) before you lodge your application will provide you with valuable information that can assist you to determine if you need a resource consent.
If resource consent is needed we will tell you. Until a resource consent is obtained your building consent may be placed on hold or issued with conditions. NO WORK CAN START until (if required) a resource consent is approved.
What is a Project Information Memorandum?
A PIM is issued by Council and provides you with information that is likely to be relevant to your proposed building work.
We strongly recommend a PIM is obtained prior to the lodgement of your building consent application. It can prevent delays in processing your application and provides information such as:
District Plan issues – do you need a resource consent?
- Earthquake and corrosion zones.
- Special features of the land concerned, such as potential erosion, subsidence, slipping and flooding.
- Stormwater and drainage disposal details, easements.
- Environmental health issues.
Information in a PIM can assist you to design your proposal to comply with the District Plan and any other legislative requirements.
If you do not obtain a PIM before lodging your building consent application, you will receive it when the building consent is released to you.
When should a building consent be applied for?
A building consent MUST BE APPLIED FOR (AND APPROVED BY COUNCIL) BEFORE ANY BUILDING WORK COMMENCES.
Section 40 of the Act provides for heavy fines (up to $100,000) for work undertaken without a consent.
When considering any building work we strongly advise you discuss your project with us at an early stage. We can provide you with information that assists with your design of the project and advise other issues you need to consider eg. Resource Consents.
How do I apply for a building consent?
If you are able to do so we recommend you (or your agent) comes to our Barkes Corner Office to discuss your project with us. We will provide you with relevant advice, the application forms prescribed in the Act and other supporting information you need to lodge with your application. This includes an Applicants Guide for completing a building consent application explaining what information you need to provide with your application.
Council provides the services of a Technical Services Advisor to advise you how best to complete your application for building consent. Alternatively:
- Application forms and guides are available at our customer services department and our offices at Omokoroa, Te Puke, Katikati and Waihi Beach, or
- Free phone 0800 926 732, 0800 WBOPDC, or
- You can download them from the Application Forms page on this website.
How long does it take to get a building consent?
Section 48 of the Act sets a maximum statutory time limit of 20 working days from the time of receiving your application in which we must grant or refuse your application.
Applications are processed in the order they are received. Over 12 months we receive approximately 1600 applications and how many are on hand at one time controls how quickly we can process yours. Nearly all of our applications are processed within the 20 days.
If we need further information from you to complete your application the 20 day timeframe stops until we receive the requested information eg. On the 5th day after receipt of your application we write to you asking for more information. Your application stops at day 5 until you provide the information then the clock restarts.
How much does a building consent cost?
A schedule of fees (please note fees are reviewed annually) for the current financial year is available as a separate handout, can be found on our website or posted to you on request.
The total fee you pay includes an amount based on the value of your project, the administrative and inspection work to be carried out by us, and building industry levies.
A lodgement fee based on the value of your project is payable at the time you lodge your building consent application. You will be advised of the balance of the total fee after your application has been processed. The total fee must be paid before your consent can be issued.
The total fee is made up of:
- Processing fee – counter service, clerical work, computer record, consent issue, filing, Code Compliance Certificate issue and other administrative work.
- Plan Checking fee – for Building Code compliance check, approving the consent for issue, customer liaison.
- Inspection fees – based on the estimated number of inspections, bookings, site visits and travel. On completion of the job if necessary an adjustment will be made for the actual number of inspections needed. An additional invoice may be issued or refund arranged.
- Building Industry Levies – not a Council fee but required by statute and paid on to BRANZ (Building Research Association of New Zealand) and the Department of Building and Housing.
- Fees for other services – some additional services are a separate charge such as endorsements on the property file, a rural number identification, vehicle crossing, water connections, peer reviews, fire service consultation and specialist reports.
- Project Information Memorandum (PIM) – for file searching, location maps, issue, site visit and travel (if required), administrative processing.
Keeping your costs down and saving time - suggested "Do's and Dont's"
Do:
- Discuss your project with us at an early stage.
- Provide everything asked for on the application checklist, don’t try to avoid inspections.
- Use professional designers.
- Use qualified and experienced trades people.
- Provide good quality plans and specifications covering the entire project.
- Have the work co-ordinated so that one inspection can cover several items. For example, ensure that the plumbing is installed and insulation is in the walls at the time of the preline inspection.
- Make sure that the work is completed and ready at inspection time and complies with the NZ Building Code.
- Ensure you don’t conceal work until it has been inspected, talk to the inspector if you have problems.
Don’t:
- Do any work that fails to comply with the NZ Building Code.
- Call for inspections when the work isn’t ready.
- Use the Council Inspector as an advisory service or designer.
- Provide inadequate plans and specifications.
How will I know when my application for a building consent has been processed?
After you provide us with all the information needed to support your application and we have assessed your project as complying with the Building Code we will send you a letter informing you that your building consent has been approved (or refused). At that time you will receive:
- An invoice for the balance of the fees.
- A list of the inspections we will need to carry out during your project and how to book these.
- Advice of your building consent number.
- General information relating to the issuing of Building Consents together with any specific conditions attached to your consent.
- The reason/s why your consent has been refused.
Upon payment of all fees and satisfaction of any conditions your building consent will be released to you.
It is very important that until your approved consent is released to you NO BUILDING WORK IS COMMENCED. Commencing work before your consent is approved may prevent the issue of a Code Compliance Certificate on completion of your project.
How long do I have to complete my building work?
Section 93 of the Act requires that your building work is completed 2 years after the date your consent was granted.
Does a Building Consent expire?
Yes, Section 52 of the Act states that a building consent lapses if the building work to which it relates has not commenced within 12 months after the date of issue of the building consent. There is provision in the Act for the Building Consent Authority (this Council) to allow an extension of the 12 month period. Should your building work be delayed we recommend you discuss with us as early as possible to see if an extension may be granted.
Inspections
When your building consent is issued it will detail the number and type of inspections required for your project. Typically they will cover the foundations, framing and insulation, plumbing, drainage, cladding and flashings, and the finished building.
Once you begin building you will need to book inspections with us and one of our Building Control Officials will inspect your project at appropriate times to ensure the work meets the appropriate standards.
It is very important all the required inspections are called for. Without regular inspections there may not be sufficient information on record to issue a Code Compliance Certificate on completion of your project. The Code Compliance Certificate is an essential document as it confirms your project has been completed to the appropriate standard required by the Building Code.
Builders and Installers often arrange inspections relevant to their work but the property owner is ultimately responsible and we recommend you maintain at least a watchful brief on the inspections needed.
Over 12 months we are required to undertake in excess of 6000 inspections. To minimise delays in your projects progress we recommend you book your inspections at least 3 working days in advance.
Booking Inspections
The purpose of inspections is to enable us to confirm your project fully complies with the New Zealand Building Code and issue a Code Compliance Certificate when all work is satisfactorily completed. There are a variety of inspection types and those that need to be undertaken on your project will be advised when your building consent is approved.
Inspections required can be booked by telephoning (07) 571 8008 and asking for a Customer Care Officer. The more notice you are able to give us (a minimum of 3 working days recommended) assists us to manage our workloads and improves your chances of having the inspection on the day you prefer.
The number of inspections undertaken daily and the considerable distance travelled by our inspectors means we are unable to allocate specific inspection times.
So, when you book your inspection, if you have a genuine need for it to be in the morning, or the afternoon, please advise the person you are speaking to. If you have no preference it will be carried out “anytime”. Please ensure you leave a daytime phone number so you can be contacted and advised in the morning prior to the inspection a likely timeframe for it.
Our inspectors travel from Tauranga each day covering hundreds of kilometres each week. If delayed they will endeavour to ring you.
Please HAVE YOUR BUILDING CONSENT NUMBER available when you book inspections.
Our charges are user pays based on the total cost of operating our inspection activity.
All inspection types undertaken are charged for. Our inspection charges are per inspection type not per visit to the site. Sometimes several inspection types may be completed at one visit. Each inspection type incurs a separate fee. It is important that the work is ready when the Building Control Official visits to inspect the work. If we need to undertake extra inspections or recheck inspection types that have failed these will incur additional charges invoiced to you.
Variations
From time to time throughout the building process variations occur to the approved documents.
At the end of a project the approved building consent documentation needs to be an accurate reflection of what has actually been built.
Below is a guide to the type of work that constitutes a major and minor variation.
Minor variation
Is a change that does not usually effect compliance with the Building Code.
Council must still be notified about any proposed variation so we can still confirm the change is minor.
All minor variations must be recorded by the Building Control Official eg. a handwritten note on consented plans and an inspection record note.
Examples of minor variations are:
1. Minor wall brace changes.
2. Changing a room layout (except where travel distances are affected).
3. Substituting one make/model of solid fuel heater for another.
4. Changing one brand of insulation for another with the same R value.
Major variation (requires a formal amendment)
A major variation is generally, where the work is outside the scope of the original consent.
It also impacts on 1 or more of the Building Code clauses.
A formal amendment would be required for the new work to be undertaken.
Examples of major variations are:
1. Deck or carport shown on approved documents but no longer to be built.
2. A new opening created in the external envelope of the building.
3. A change to the assembly eg. acrylic shower unit to a tiled shower unit.
4. Different foundation design to the approved documents.
Work that requires a formal amendment must have prior approval from Council.
Work that cannot be considered as an amendment and requires a new Building Consent application?
Alterations/Additions relating to the same building but not directly to the work in any other Building Consent.
Significant increase in size to a project already with a Building Consent. These to be considered on their own merit.
Processing fees will be incurred where a major variation applies through a formal amendment.
What happens if the inspector is not happy with the building work?
In most cases this will be settled by discussion with your builder. Our Official will advise what is needed for the work to comply with the Building Code.
In serious cases the Inspector may consider it necessary to issue a Notice to Fix as provided in Sections 164/165 of the Act.
What is a Notice to Fix?
A Notice to Fix is a legal document requiring work that contravenes or fails to comply with the Act to be remedied.
It can require the remedial work to be completed within a specified time or that all work on the project cease immediately.
Provided your project complies with the Building Code this process will not be necessary.
Is any work exempt from inspections?
Generally, gas and electrical work is not inspected. This type of work must be undertaken by a licensed professional and on completion you will receive from them a signed energy work certificate. You will need to produce these certificates to us before a Code Compliance Certificate is issued.
Producer Statements
Are statements from applicators of particular systems/products/materials applied by that person to confirm it has been applied in accordance with manufacturers specifications and meets the requirements of relevant sections of the Building Code.
Producer statements may be requested in lieu of some processing and inspection functions. This is usually identified at the processing stage of your building consent. Producer statements will only be accepted in our approved format from approved applicators.
What is a Code Compliance Certificate (CCC) and how do I apply for one?
A Code Compliance Certificate (CCC) is the document that confirms the Building Consent Authority (this Council) is satisfied your project has been built in accordance with the approved consent and plans, meets the appropriate standards and complies with the Code.
It is the owners responsibility to apply for a CCC after all the building work covered by the building consent has been completed. An application form will be sent to you with the building consent. Generally the Building Consent Authority (BCA) (this Council) is required to decide whether to issue a CCC within 20 working days of either:
- The date of the owners application for a CCC or,
- If no application is made on the expiry of:
i. 2 years after the date of the building consent or,
ii. Any further period agreed between the owner and the BCA.
If you sell your property having a CCC may assist your sale process. Prospective buyers or their solicitors often ask to see this certificate.
What if my application for a Code Compliance Certificate is refused?
Occasionally when we are not satisfied with the way work has been completed or if it has been more than 2 years since the building consent was issued we may refuse to issue a Code Compliance Certificate (CCC).
You have a right of appeal against our decision by applying to the Department of Building and Housing (DBH) for a Determination under Section 177 of the Act. If you wish to consider this process we can refer to you the “Guide to Building Act Determinations” published by DBH.
What if I am unhappy with the way my building consent has been processed?
If at any stage you have concerns about how your application has been dealt with we want to know as early as possible.
There are several ways you can have your concerns addressed:
- By ringing or visiting our Customer Care team. They will record your concerns and refer them to the most appropriate person. If you are telephoning you may be transferred to an appropriate senior staff member.
- By placing your concerns in a letter or email addressed to the Chief Executive Officer.
Can I occupy or sell the building before it is finished?
For most residential dwellings the answer is yes.
Special provisions however do apply to a building that is “INTENDED FOR PUBLIC USE”. Section 363 of “the Act” makes it an offence if such buildings are used for which:
- No building consent has been approved.
- No Code Compliance Certificate has been issued.
Fines up to $200,000 plus up to a further $20,000 for every day the offence continues can be imposed.
Examples of buildings intended for public use are:
- Libraries
- Community Halls
- Schools
- Camp Ground Facilities.
The Act states a building is intended for public use if it is intended to be open to the public, or is being used by the public, whether for free or on payment of a charge.
Section 364 of the Act makes it an offence for a RESIDENTIAL PROPERTY DEVELOPER to sell a household unit or allow a purchaser to enter into possession before a Code Compliance Certificate (CCC) is issued – refer to the Act for specific detail and exemption in specified circumstances. See also DBH booklet ‘Sales by Residential Property Developers’.
Some buildings require 'Compliance Schedules'
An owner must obtain a compliance schedule under Section 100 of the Act if the building (including buildings used as a single house hold unit) has:
- A cable car attached to it or,
- Is serviced by a cable car and,
- Where the building (excluding buildings used as a single house hold unit) has any specified systems.
A compliance schedule confirms performance standards, inspection, maintenance and reporting and other essential information required by the Act are being met. Refer to the Act for specific details.
A specified system is defined in Section 7 of the Act and may include systems that relate to:
- Means of escape from fire and,
- Safety barriers and,
- Means of access and facilities for use, by persons with disabilities that meet the requirements of Section 118 and,
- Handheld hose reels for fire fighting and,
- Any signs that are requirement by the Building Code.
View a list of specified systems.
Owners must supply this Council with details of any systems incorporated within the building when lodging an application for building consent.
A compliance schedule will be issued by this Council once the Code Compliance Certificate has been issued.
Building Warrant of Fitness (BWOF)
If a building has a compliance schedule its owner must, on each anniversary of its date of issue, supply a Building Warrant of Fitness (BWOF) to this Council.
A BWOF is a statement supplied by a building owner confirming the systems specified in the compliance schedule have been maintained and checked for the previous 12 months, and will continue to perform as required.
A BWOF must be supplied on the prescribed form by an independent qualified person engaged by the building owner. Contact us if you need the prescribed form or further information.
Existing buildings with specified systems also require a BWOF every 12 months.
Additional Information on specific technical aspects of building control work
We have a variety of additional publications available that could be of use to you for your project. These are listed below:
Our Publications
- Checklist for completing Building Consent & Project Information Memorandum Form.
- Application to amend building consent.
- Project Information Memorandum.
- Septic Tank Requirements.
- Smoke Alarms – Message from the Mayor.
- Smoke Alarms.
- Safe Drinking Water.
- Monolithic Claddings.
- Fencing of Swimming Pools.
- Fees and Charges Schedule.
Department of Building & Housing Publications
- Guide to applying for a building consent (simple residential buildings).
- Information for designers, builders and specialist trades.
- Information for homeowners and renovators.
- Information for building owners and managers.
- New safety measures for premises intended for public use.
- Sales by Residential Property Developers.
- Guide to Building Act Determinations.
- Your guide to a smarter home.
- A Beginner's Guide to Resource and Building Consent Processes.
Other Publications
- Protecting Archaeological Sites – NZ Historic Places Trust.
- Operative On-Site Effluent Treatment Regional Plan – Environment BOP.
- The story of your septic tank system – NZWWA & Ministry for the Environment.
- Dealing with your wastewater – Environment BOP.
Please contact us on 0800 926 732 if you would like a copy of any of these publications.
Your building consent may require expert advice from an independent external qualified professional.
Our Technical Officer Building Services will assess your application to determine if professional input/comments are required from outside the organisation.
Hazardous Goods - input required if:
Any materials have the properties below and are stored in the proposed building work:
- Of an explosive nature.
- Of an oxidizing nature.
- Of a corrosive nature.
- Flammable.
- Have acute and chronic toxicity.
- Ecotoxicity with or without bioaccumulation.
- Has one or more of the above properties on contact with air or water.
Health Officer - input required if:
The application requires the premises to be registered. Examples of these premises are:
- Hairdressers.
- Food preparation and sales.
New Zealand Fire Service - input required if:
The fire design for the project is an alternative solution AND you answer yes to any of the following questions:
- Are hazardous substances stored?
- Are early childhood facilities provided?
- Is specialised care for people with a disability provided?
- Is specialised nursing, medical or geriatric care provided?
- Are people in lawful detention?
- Can 100 or more people gather in a common venue?
- Can 100 or more people gather for different purposes or activities?
- Are there facilities for more than 10 employees?
Fire Engineering and Structural Engineering Peer Reviews
Where complex fire design, alternative methods of construction or the skill of a particular individual designing the project (or part of ) is in question then the application is to be assessed by one of the Senior Building Officers to determine if a peer review is required.
Note: Applicant/Agent should be advised that additional copies of the relevant documents may be required and informed of any additional fees as soon as possible.