If you have a question to do with building, it's highly probable that others have asked the same question. In this section we seek to address these Frequently Asked Questions. If you can't find the information you need, send your questions in to the Building Control Unit for an answer, and if its a FAQ's we'll put it up here so that others will be helped.
Acceptable and alternative solutions
What are acceptable and alternative solutions?
The New Zealand Building Code has 35 clauses defining the performance standards that buildings must meet. Associated with each clause is a Compliance Document containing step by step building methods called Acceptable Solutions and 'Verification Methods' that can be used to ensure compliance with the Building Code. If other building methods are used, these must meet the performance standards of the Building Code. These other methods are known as Alternative Solutions.
If alternative solutions are to be used in a building project, these must be declared in the Building Consent Application form and sufficient information provided to show how they will be used. The Building Review Officer can then examine these alternative solutions and determine if whether or not they will meet the requirements of the Building Code.
Amendments to the building consent
What if I want to change my plans after I have been granted a building consent?
You will need to submit the altered plans to the Building Control Unit for assessment using the
Appraisal certificates (BRANZ)
BRANZ Appraisals are independent assessments of building products, materials, systems or methods of design or construction. Products are assessed for Building Code compliance and fitness for purpose... For more go to
Balustrade and hand rails
What height does my Balustrade need to be, and at what height do I need to install one?
To comply with Clause F4 of the New Zealand Building Code, a ballustrade needs to be 900mm for stairs or ramps, 1m high and must be installed on all decks above 1m in height on residencial properties and 1.1m high for commercial properties and all other locations.
Click here for more information
Boundaries
How close can I build to my boundary? Contact Planning Guidance for this information.
I can't find my boundary pegs. What should I do?
The position of boundary pegs are shown on the survey plan that created your property. If they can't be found you will need to get a survyor to locate your boundary pegs or re-survey your boundary. The Council can not do this nor can we recommend companies. Look in the Yellow Pages.
Why do boundary/surveyor pegs need to be visible on the site?
The pegs need to be visible on site when the inspector does the siting and excavation inspection. This is necessary so we can ensure that a building is being positioned within the boundary with the correct setbacks / measurements as in the approved building consent documentation. It is also necessary so that the inspector can ensure that he is on the correct lot.
Branz appraisal certificates
Branz appraises building products and their suitability for the job intended. Some of these products, not all of them, meet the criteria for Acceptable or Alternative solutions (see above). It is important that you check that the products you intend to use for a building project are approved by the Council's Building Control Unit, even if they have a Branz appraisal certificate.
Building permit searches
Building Permit searches will no longer be available from 1 September 2006. If you need this information you will need to apply for a LIM report.
Building over wastewater and stormwater pipes
Can I build over wastewater or stormwater pipes? Yes, but you must follow meet the requirements of the Hamilton City Council. For information about building over Hamilton City Council wastewater and stormwater pipes, go to
Can I build over manholes or service connections? No
Building without a consent
Can I get a retrospective building consent for work done with out a consent? No.
The Building Act 2004 allows for any person to apply for a "Certificate of Acceptance" for any work that has been completed without a building consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A "
Certificate of Acceptance" must be applied for on the appropriate form:
For any work completed without a building consent and prior to 1 July 1992 there is no process available through Council for acceptance or qualification of this work. Where such building work is the subject of a condition for a building report in a sale and purchase agreement, then you will need to obtain the services of a qualified person from the private sector.
If you build with out a building consent you are liable for a fine and may also have trouble selling the building or obtaining insurance. If the building is damaged or destroyed because of a fault occurring in the unaurthorized work, an insurance company could legally refuse to pay you.
With the introduction of the Building Act 2004 the service of providing what has been commonly known as "
Safe and Sanitary Inspections" has been discontinued. There is no longer the ability to make an application to Council for this service.
Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of building users then you need to refer the matter to Council at the earliest date.
Certificate of Acceptance
See above - 'Building without a consent'
Code Compliance Certificate
What is the Code Compliance Certificate?
The Code Compliance Certificate confirms that the work has meet the requirements of the Building Code 2004 and has been built in accordance with the approved plans.
What do I need to have finished before I get my CCC?
All wet areas need to be finished, ground levels need to be finished, all exterior levels need to be finished, Inspectors need to be given all producer statements and as laid drainage plans, all exterior areas need to be painted. The building has to be finished to a show rooom standard. If you have any other question contact the Reveiw officer.
have had a CCC inspection and I needed to get some things done. I have now finished the work required, but some time has past, can I get another inspection?
Yes, but depending on the length of time that has past, the inspection may need to be a full inspection not just a recall for the items that needed correcting as the building needs to be up to standard now and not what needed to be finished 5 years ago.
Compliance schedules
What is a compliance schedule?
This is only required if you need a compliance schedule and a Building Warrant of Fitness, for a commercial building. A Compliance Schedule lists the inspection, maintenance and reporting procedures for systems within a building such as lifts, automatic sprinklers, automatic doors, air conditioning and fire alarms.
compliance shedules and 'means of escape from fire': See
DBH website
Crossings
How do I get my crossing bond back? Contact the Planning and Guidance unit
Vechicle crossings - go to the bottom of this page
Decks
How high can I build my deck before I need a building consent?
You need a building consent if the deck is more than 1m above the ground or the fall is more than 1m.
At what height do I need to install a ballustrade/hand rail?
A ballustrade needs to be 1m high and must be installed on all decks above 1m in height. The ballustrade must not be climable.
What treat rating should timber piles of my deck have?
All timber in contact with the ground needs to be H5 treated (50 year durability requirement of the NZ Building Code). This includes house piles, verandah and deck posts that are embedded in concrete, or posts for carports.
Links on building a deck:
Development and financial contributions
Council first introduced a Development and Financial Contributions Policy in its 2005/06 Annual Plan that required developers to fund the growth component of capital expenditure on new infrastructure and facilities. The policy was reviewed as part of the 2006-16 Long-Term Plan. For more information:
Documents for building consent
What documents do I need to provide for a building consent application?
You will need the application form and those documents requested in the form, also read the guidelines and checklists. This information can be downloaded from
Drainage
See plumbing and drainage below
Fencing
How high can my fence be?
You can build a fence upto 2m in height from the natural ground level. However, special conditions apply to certain areas - please contact our Planning Department on 07 838 6800 for further information.
Can I build a fence over 2m?
No. If you want to build a fence over 2m, you will have to get building consent and resource consent. Contact the Planning and Guidance Unit of Hamilton City Council for more information.
Does my neighbour have to pay half?
Yes they do have to pay half the cost of a reasonable fence, but this is a civil matter so for more information contact:
Do I have to find the boundary pegs before building a fence?
Yes, it is the only way to be sure that the fence is built on the boundary.
If I build a fence on my side of the boundary do I need to get my neigbours permission?
No, not if the fence is under 2m in height from the natural ground level. If they object this is a civil matter, so see Citizen's advice.
My boundary in next to a Council park. Do the Council pay for half the fence?
Yes, contact Parks and Gardens for more information and read Council's policy on
If my fence is on top of, or a part of a retaining wall, what height can it be?
If the fence and retaining wall are separate, with the retaining wall less than 1.5m and the fence less than 2m in height, you will not need a building consent. If they are joined, a Building Consent will be required. If the whole is over 2m , but less than 3m you will also need your neighbour's consent. If the overall height is greater than 3m, the fence/retaining wall will encroach on residential heights. Resource Consent will be needed, please see the Planning and Guidance Unit at the Council.
Fireplaces
What are the national environmental standards for wood burner fire place units?
"After 1st September 2005 all woodburners installed on properties less than 2 hectares must have a discharge of less than 1.5 grams of particles for each kilogram of dry wood burnt, and a thermal efficiency at least 65 per cent" (quote from Ministry of the Environment). For more information and a list of models that meet these requirements go to the Ministry of the Environment site on
Note: Not all heaters that are approved are on the list(s). If a model is not on the list a certificate proving that it meets the emissions standard must be provided to the Council when applying for a building consent.
DoI need a building consent to replace an existing fire place?
Yes, we still need to do inspections on any new fire place to check that it meets the Building Code and is safe.
Can I install a second hand fire place?
No.
How high does the chimney/flue need to be?
If the chimney/flue is
within 3m of the highest point of the roof then it needs to be 0.6m above the highest point. If it is more than 3m away from the highest point of the roof then the chimney/flue needs to be at least 0.9m above roof penetration. If there are close trees or neigbouring windows it may need to be higher, see
Who can install a Fireplace?
Fireplaces can only be installed by installers that are registered with the HHA ( Home Heating Association) or a registered Plumber or a heating engineer
Food premises
If you are planning to open a food business, you need to be aware that the premises must meet the requirements of the regulations with respect to
- The Hamilton City Council District Plan
- Building code - it may require a building consent
- Fire safety requirements
- Trade Waste
- Liquor Licensing Inspector
- By-Laws Officer if a mobile shop in Hamilton City
- Public Health requirements under the Waikato District Health Board (Ph: 07 838 2569)
- Smokefree Environments Act 1990
- ERMA ? Test Certifier
For more information read the following document:
Garages
What do I have to do to change my garage into a sleepout?
This is a change of use and will probably require require a building consent in order to meet the requirements of the building code in relation to habitable buildings. It will need to meet requirements of structure, fire safety, insulation, moisture control, lighting and ventilation along with any other Code requirements. Resource consent may also be required. Talk with a Building Review Officier about what you plan to do, and what will be required of you.
Garden sheds
How big can I build my shed before a building consent is required?
Up to 10 square metres.
How close can my shed be to the boundary?
The shed must be no closer to the boundary than its height i.e. if the shed is 2m high, it must be 2m from the boundary.
Ground levels
What level can I have my ground levels or paving stone in relation to the bottom plate on my building?
This depends on the type of cladding. If the cladding is brick then the distance is 150mm above unlandscaped ground or 100mm above paving stones. If any other sort of cladding is used, then the distance is 225mm above unlandscaped ground or 150mm above paving stones.
Do I need to have my ground levels down before I get my CCC?
Yes, we need to see the ground levels in relation to the building.
'How to build' guides
How to build guides for decks, pergolas, retaining walls and other projects
These are often available at your local timber and
building supply merchant or look online at:
Other useful sites for those considering building or renovations:
- Consumerbuild Department of Building and Housing, and Consumers' provides general advice.
- Nailed is an online home improvement information library.
- Tradefinder is a director for tradesmen
- Nowhome offers information on sustainable building practices.
House size
How do I find out the size of my house?
Quotable Values
holds that information and it can purchase from them for $13.00.
Inspections
What inspections do I need?
Look at the conditions of the consent and it will have a list of all inspections that are needed.
I missed my inspection, what do I do?
Book another appointment - Ph 838 6677. You may have to pay extra for the additional appointment.
Leaky buildings/weathertightness
Where can I find information about leaky buildings/weathertightness?
See weathertightness links
Lodging a consent application
What fees will I have to pay?
Do I need to book in to see a Building Review Officer?
Yes, you need to book in for everything except when lodging a Building Consent for a fire place. For more information on building consent applications go to
PDF documents
Many of the application forms on this site are in PDF format. To open these documents you need a FREE programme called Acrobat Reader. If you do not have Acrobat Reader on your computer already, it can be downloaded from the Adobe website for free.
Plumbing and drainage
Why do I have to stipulate what plumbing system is to be used?
There are many plumbing/drainage systems that can be used. The main ones are G12/G13 then AS/NZS 3500.2. These systems should not be combined as they are designed to be stand alone systems. They have very different falls/gradients and venting requirements. It is absolutely vital that a system should be chosen prior to design of the plumbing/drainage system, so that the system can then be Plan reviewed by Council.
Where can I position my soak hole?
Three metres from all buildings and boundaries.
Do I have to use a registered plumber/drainlayer?
Yes, if the fixture of a pipe is connected to sewer/wastepipe etc. The only exception is an outside hose tap as it has no waste pipe connected to it.
Who can do a percolation test and size a soakhole?
A registered Drainlayer or hydraulic engineer. Council have their own design for up to 40m
2 of roof or driveway area.
How do I do a percolation test?
You don't, you employ/contract a Drainlayer or Engineer
Why do I need to provide a drainage longitudinal/isometric plan?
So it can be easily assessed that the required falls/gradients will be acheived for that particular drainage/plumbing system.
Pools
Does my swimmining pool or portable pool need to be fenced?
If your pool is able to hold a depth of 400mm or more then you will require a Building Consent for a pool fence.
Do I need building consent for my swimming pool or portable pool? Yes
Do I need to get a Building Consent for my portable spa pool? Yes.
Does a spa pool cover count as a fence?
No, some other councils do accept them as a suitable replacement for a fence, but Hamilton City Council believes that a small child could get under a pool cover.
Does a solid lockable spa pool cover count as a fence?
No, some other councils do accept them as a suitable replacement for a fence, but Hamilton City Council believes that a small child could unlock the cover and gain access to the pool.
What height does a swimming pool fence have to be?
A swimming pool fence must be 1.2 metres above ground level, gates or hinged doors must have a self closing device, with a latch 1.5m above ground, gate must open away from the pool.
More information on pool fencing:
Pre-application meeting
What is a pre-application meeting and why do I need one?
For all projects requiring a PIM and/or a building consent, the Council requires a pre-application appointment with the owner/agent. Ph 07 838 6677 for a pre-application appointment. This meeting is to discuss the proposed project, and the information that will be required for the application. It is very important that the person attending the pre-application meeting, is familar with the designs, the terminology, and can discuss the issues and work associated with them. In the long term, this meeting can save the owner/agent time and money by insuring that all eventualities are covered with respect to the Building Code and the site on which the building project is to occur.
Relocatable or removal homes
If you are thinking about moving a new or secondhand house onto a section you need to involve the Building control team at the Council right from the start. The house will need to be inspected to see if it meets the Councils requirements and whether or not it is structurally sound. For more information about relocation of a house:
Resource consents
What is it and when do I need it?
If you plan to build or use your land in a way that does not fit with the City Plan, then you need to apply for permission to do so. This is resource consent. If it is not granted, you will have to change your plans to meet with the City Plan. To find out more see the Planning and guidance Unit page of the Council website:
Retaining walls
What height can I build my retaining wall? You can build a retaining wall without a building consent so long as it is no higher than 1.5m. It must still comply with the building code.
If my fence is on top of, or a part of a retaining wall, what height can it be?
If the fence and retaining wall are separate, with the retaining wall less than 1.5m and the fence less than 2m in height, you will not need a building consent. If they are joined, a Building Consent will be required. If the whole is over 2m , but less than 3m you will also need your neighbour's consent. If the overall height is greater than 3m, the fence/retaining wall will encroach on residential heights. Resource Consent will be needed, please see the Planning and Guidance Unit at the Council.
Safe and sanitary inspections
See
Building without a consent, at the beginning of this page. This comes under Certificate of Acceptance (COA).
Smoke alarms
What are the required specifications for smoke alarms and where should they be located?
For information on smoke alarms check out the Consumerbuild website:
Solar water heating
See attached document on solar water heating for details.
Storage - Containers
Can I put a container on my section for storage? Not without a building consent. Please contact our technical officer to discuss requirements
Stormwater and soak holes
Two useful booklets about managing the stormwater from your site:
Subdivisions
If I sub-divide my section how big does the new lot need to be?
This
depends on the zoning, so contact Planning
and Guidance Unit at the Council for more information. For more on subdivision within Hamilton city, see the information under Helpful guides provided by the Planning and Guidance Unit:
Surveyor pegs
Why do boundary/surveyor pegs need to be visible on the site?
The pegs need to be visible on site when the inspector does the siting and excavation inspection. This is necessary so we can ensure that a building is being positioned within the boundary with the correct setbacks / measurements as in the approved building consent documentation. It is also necessary so that the inspector can ensure that he is on the correct lot.
Timber treatment
When should I use treated timber? Are some types of treatment better than others? For information check out the following links:
Toilets
How many toilets per person are required in a commercial or residential property - including disabled?
This is dependant on the number of patrons. See NZBC 91 - table 1 on the DBH web site:
Vehicle crossing application
If you need to put in a vehicle crossing, fill in an application form available from the Building Control Unit or download
For more information on:
Water connections
Who do I see about connecting/disconnecting to the water mains?
Check out the information provided on the Council website:
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