Frequently Asked Questions

What is a Building Consent and Why do I need it?

A building consent is a formal approval from Council under the Building Act 2004 that allows a person to carry out building work. This includes work related to construction, alteration, demolition or removal of a building. Council will only issue the building consent when satisfied that the proposed building work meets the requirements of the Building Code.

You cannot carry out any building work without a building consent, except for a few minor exceptions set out in Schedule 1 of the Building Act. For example:

Decks less than 1.5m in height
Retaining walls less than 1.5m high that do not support any surcharge or additional load such as vehicles on a road

For further information on building work that does not require a building consent, please go to 'Building work that doesn't need a building consent' or www.consumerbuild.org.nz or call Council on 0800 926 732.

All building work must meet the minimum requirements of the Building Code even if a building consent is not required.

Do I still need Building Consent if I have a National Multiple-use Approval?

Yes. National multiple-use approvals are issued by the MBIE. A MultiProof is a statement by the Ministry that a specific set of building plans and specifications complies with the New Zealand Building Code. Under the Building Act 2004, Building Consent Authorities (councils) must accept a MultiProof or national multiple-use approval as evidence of Building Code compliance. However, a building consent is required each time you want to build a design that has been issued with a national multiple-use approval

Product Assurance and MultiProof.

How much will my Building Consent cost?

This depends on the complexity of your project, its total estimated value and the level of detail provided. The fee will be invoiced on approval and will need to be paid prior to the consent being uplifted. If you choose to cancel the consent or not go ahead, there will still be fees payable for the services incurred. For more information, visit our fees and charges page.

If the value of your application is more than $65,000 your fees will include a levy Council is required to collect on behalf of the Ministry of Business Innovation and Employment, Building Housing Group.

If the value of your application is more than $20,000 your fees will include a levy Council is required to collect on behalf of the Building Research Association of New Zealand.

How can I pay for my Building Consent?

Payments for building consents can be made by cash or EFTPOS at any of Council's service centres or may be paid online. The final invoice must be paid before your building consent can be uplifted.

Please note that we do not accept cheques as a form of payment from 31 May 2021.

How long will it take to Process my Application?

Building consent applications which include plans and specifications in relation to which a national multiple-use approval has been issued, must be processed within 10 working days of the building consent being accepted.

All other building consent applications must be processed within 20 working days of the building consent being accepted.

However the total processing time for a building consent depends on the complexity of your project and whether or not you have provided us with sufficient information. If information is deficient the clock is stopped and you will be asked to provide further information and the clock will restart once all requested information is received.

How long is a Building Consent Valid for?

Work must start on your project within 12 months of the date the building consent was issued. If Council have not been contacted to undertake any inspections before then - A letter will be sent to say your building consent will lapse at the expiry of the 12-month period.

You may decide not to do the work, in which case the consent will lapse, or you may apply for an extension of time to start the work - These are considered on a case by case basis. Requests for an extension of time must be made on the appropriate form and be received before the expiry date.

Extension of Time Application- Apply via online services page.

What is a Project Information Memorandum and Why do I Need it?

A Project Information Memorandum (PIM) sets out any information Council has that may affect your proposed project. This may be useful when designing the structure as it gives information such as compliance with the District Plan, land structure, current drainage positions and any natural hazards that may affect the site. For example, sometimes a PIM will specify the need to obtain a resource consent before you begin building work. The District Plan sets out which activities will require resource consent.

Even though applying for a PIM is optional, it is strongly recommended you do so before lodging a building consent with us, as it can provide valuable information and could prevent delays in processing your application.

What is a Certificate of Acceptance?

An owner may apply for to a Territorial Authority for a Certificate of Acceptance in the following instances:

Where building work undertaken after 1 January 1993 required a building consent but one was not obtained.
Where a building consent was approved by a building consent authority other than this Council. For example, private certifiers and a Code Compliance Certificate has not been issued.
Where urgent work as defined in Section 41(1)(1) of the Building Act has been completed without a building consent. Urgent work' means work that is for the purpose of saving or protecting life or health or preventing serious damage to property or ensuring a specified system is made safe. In the case of urgent work the owner must apply for a Certificate of Acceptance as soon as practicable after completion of the work.

There is a popular misconception that applying for a Certificate of Acceptance (COA) as provided for in section 96-99 of the Building Act 2004 (the Act) will result in an owner being issued with a certificate that has similar status to a Code Compliance Certificate issued under sections 91-95 of the Act. This is not the case. A Certificate of Acceptance, if issued, is likely to cover only limited aspects of the building work that was undertaken.

Once building work has been completed we are often unable to undertake all types of inspections carried out during construction. It may not therefore be possible to establish if all building code requirements have been met. Therefore Certificate of Acceptances issued are limited and qualified to the effect that only parts (if any) of the building work were able to be verified as complying with the building code.

An application for a Certificate of Acceptance will not be accepted where:

The work was completed before 1 January 1993 (effective date for the Building Act 1991)
Council has issued a building consent for the building work in question but a Code Compliance Certificate has not been issued (this is specifically excluded in the Act)
There is insufficient information about the project to enable the work to be assessed

Also an application for a Certificate of Acceptance may not always be the best or most economic option when Council has declined to issue a Code Compliance Certificate where a private certifier approved the building consent, undertook inspection/s but did not issue a Code Compliance Certificate.

In some cases an application to the Ministry of Business Innovation and Employment (MBIE) for a determination may be appropriate. Please refer to the MBIE determination information for further information.

Council charges a fee for the processing of an application for a Certificate of Acceptance, for further details please see our fees and charges page.

What is a Certificate for Public Use?

A Certificate for Public Use (CPU) is issued by Council where it is satisfied the premises are safe for members of the public to use, before a Code Compliance Certificate is issued. It specifically applies to ongoing construction work.

You must have a Certificate for Public Use if the public are to have access to all or parts of the building (either during construction or on completion) before a Code Compliance Certificate is issued. Anyone who owns, occupies or controls premises intended for public use may apply for a Certificate for Public Use.

What is a Code Compliance Certificate?

A Code Compliance Certificate indicates the building work complies with the Building Code and with the building consent.

What is a Producer Statement?

Producer statements may be accepted instead of some inspections or processing functions. Producer statements confirm that a particular system, product or material has been applied by the person providing the statement in accordance with the manufacturer's specifications. They also confirm the requirements of the building code have been met.

Council usually identify if a producer statement is acceptable when processing your application for a building consent.

It is important to note that acceptance of producer statements is at Council's discretion. Council will only accept producer statements in the approved format and from applicators that Council have approved in advance. A fee may be charged for assessing and recording producer statements.

What is a Notice to Fix?

A notice to fix is a formal notice from the Council instructing you to take action to address the issues identified. You are usually given a timeframe to respond to prevent further action being taken.

What are Considered as 'Working Days' when a Building Consent is being Processed?

As per the Building Act 2004 working day means any day except—

(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, Labour Day, and Waitangi Day; and

(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(d) a day in the period beginning on 20 December in any year and ending with the close of 10 January in the following year.

Flexible Building Wrap Used as Temporary Cladding?

Guidance for Flexible Building Wrap used as Temporary Cladding

The Fire Engineering Brief (FEB) Process

The purpose of the FEB process is to help stakeholders agree at an early stage on the way to assess your fire safety design and the acceptance criteria. This includes the building consent review process (BCA or independent peer review).

Your project needs to comply with the building codes fire safety design requirements clauses C1 to C6.

Designs complying in full with a recognised Acceptable Solution compliance document are not subject to the FEB process.

You will need to follow the FEB process if your project has fire safety design solutions that:

include an alternative design by a fire engineer that is not in accordance with the Acceptable Solutions published by Ministry of Business, Innovation and Employment

involve the Verification Method C/VM2.

You can submit FEB documentation by email to FEB-team@westernbay.govt.nz

Please ensure the FEB process is complete before lodging a consent application, this can assist with avoiding any unnecessary delays and requests for further information relating to the fire design.

Tiny House Guidance - MBIE

Tiny house guidance for the Building Act 2004 - MBIE

Options for assessing tiny home type structures following complaints - WBOPDC Guidance ONLY

Orchard Toilets

Orchard Toilets Western Bay

'Smoke Alarm' Requirements?

Western Bay Policy regarding changes to the Changes to C1-C6 Protection from Fire Acceptable Solution CAS1

MBIE and BRANZ note Interconnected smoke alarms are now required as the minimum fire safety system in each household unit following recent changes to the NZ Building Code. The new requirements for interconnected smoke alarms do not just apply to new houses. The requirements also apply to any additions and alterations that require a building consent and also to any changes of use to existing houses.

C/AS1 1.2.4 and C/AS2 1.3 say: “This acceptable solution may be used to determine the compliance of building work (in relation to an existing building).” Under the Building Act, the term ‘building work’ specifically includes both new construction and alterations. Where existing housing is undergoing additions and/or alterations that require a building consent, interconnected smoke alarms are likely to be required throughout the building if C/AS1 or C/AS2 are being used to demonstrate compliance (after the transition period ends in November 2024) unless an argument can be made that it is not reasonably practicable to install them.

However, the relatively low cost of installing interconnected alarms in relation to life safety means that this argument is unlikely to be successful in most circumstances.

What does this mean?

In considering the above the Western Bay Building Consenting Authority has adopted the following policy:

All Building Consents that require a Compliance Officer to enter the home as part of the inspection process will trigger the requirements for interconnected smoke alarms.

(Not to be considered an exhaustive list but to note a few common examples - a wet area shower and/or a solid fuel heater will trigger the upgrade. A deck, carport or shed “may not”. An exception to the rule would be an attached garage and/or a re-clad. These will both also trigger the upgrade).

The above policy can be challenged by a Building Consent applicant with a good quality BA Section 112 assessment.

Why doesn’t Council have records for my building work constructed before 1991?

Council may not always hold complete records for building work carried out before the Building Act 1991 came into effect on 1 July 1992. Before this date, local authorities issued building permits rather than building consents. The rules for lodging and keeping records were different from those in place under the Building Act 1991 and the current Building Act 2004.

In many cases, permits and related documents from this earlier period were:

Not required to be lodged with Council in the same level of detail as today,
Not consistently retained across councils, or
Lost over time due to changes in record-keeping systems and storage.

As a result, Council may not have a copy of the original permit or plans for work carried out before 1 July 1992, even though the building may have been lawfully constructed.

Can I get a Code Compliance Certificate (CCC) or Certificate of Acceptance (CoA) for work constructed prior to 1991?

No. Because this building work was done before the Building Act 1991 took effect, there is no legal process available for Council to issue a Code Compliance Certificate. CCCs did not exist at the time permits were issued. Similarly, a Certificate of Acceptance cannot be issued for work completed prior to the Building Act 1991 as they too did not exist.

What are my options if I need information about my building?

If you need confirmation of the age, history, or condition of a building, Council recommends seeking advice from a suitably qualified professional, such as a registered building surveyor or builder.

Can I put my building report on my property file?

No. Only documents formally approved by council—like a building consent or certificate of acceptance—can go on a property file.

Why not?

Private reports haven’t been checked by council, so adding them could imply they have.

What you can do:

Keep your own copy.

Share it with future buyers or tenants.

Apply for a building consent or certificate of acceptance if the work is constructed after 1991 and needs approval.

You may also wish to speak with Council’s duty planner, who can advise you on any requirements under the Resource Management Act.

What do I need to know prior to building a Granny Flat?

Granny Flats (Small, Self Contained Stand-Alone Dwellings)

Can I build a Granny Flat before applying for a PIM?

No - You must apply for a PIM prior to building a Granny Flat.

Can a Granny Flat be constructed off-site?

Yes, the Granny Flat can be constructed off site, but before construction can begin the owner must apply for a Granny flat PIM for the site where the building is going to be placed - section 32(2) no building work can begin on a small standalone dwelling before the PIM has been issued and is also noted in Section 42B of the new legislation