Building Act 2004 governs all building work in New Zealand. This includes the construction of new homes and buildings, and also the alteration, demolition and maintenance of existing buildings throughout New Zealand. Most building projects require a Building Consent and inspections throughout the process. This is to ensure that the project meets the requirements of the act.
Click here for: Important Information for Building Consent Applicants about Engineers and Tradesmen and Producer Statements
Requirement for a building consent
When do I need a building consent?
A Building Consent is required for all work involving construction, alteration, demolition and maintenance of new and existing buildings. This includes:
1. Swimming pools and their fences, and spa pools
2. Retaining walls higher than 1.5m
3. Garages and carports
4. Structural building: alterations, extensions, re-piling
5. New buildings
6. Decks, platforms or bridges more than 1 metre off the ground
7. Pergolas, fences (higher than 2m) -
Refer also to FAQ’s for other considerations where retaining walls are involved
8. Plumbing and drainage work (except repairs)
9. Electrical and gasfitting work
10. Heating including fireplaces, ventilation and airconditioning systems
11. Lifts
12. Demolition of a building
13. Relocation of a building
14. Change of use of a building
15. Sheds greater than 10 square metres in floor area
16. Commercial trade waste disposal, for more information go to the
17. Building over Hamilton City Council wastewater and stormwater pipes - for more information go to:
Why do I need one?
A building consent is required under the regulations set out in the Building Act 2004. This insures that the design is adhered to and meets the minimum standards set out in the Building Act 2004. It ensures that the building is safe and healthy to live in.
Are there any exemptions?
1. Closing in an existing veranda or patio where the floor area is no more than five square metres
2. Decks, platforms or bridges no more than one metre off the ground
3. Retaining walls no higher than 1.5m and not carrying a surcharge
4. Fences no higher than 2m -
Refer also to FAQ’s for other considerations where retaining walls are involved
5. Single storey sheds with a floor area no greater than 10 square metres, and not containing sleeping accommodation, sanitary facilities, drinking water storage, and whose distance from the boundary is less than the shed's own height.
What happens if building has been done without a building consent?
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.
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.
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.
Applying for a building consent
Resource consents
The first step in applying for a building consent is to check with the Council's Planning and Guidance Unit about whether or not resource consent is needed for the planned building project. 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. Save yourself some time and get this process started before applying for a building consent. For more information and the contact details for Planning and Guidance Unit see:
Building consents
To apply for a building consent pick up the Waikato Building Consent Group,
Building Consent Application
form from the Council Building Unit reception or download from:
Fill in all the details, supplying all the information requested and submit to the Building Unit of the Council for processing and arrange for a pre-application meeting with a Building Review Officer.
The pre-application meeting is very important and allows you to discuss what you plan to do and for the Building Review Officer to have an inital look at the designs and information you intend to lodge. If more information appears to be needed, this will be dicussed with you. The whole purpose of this meeting is to ensure that lodging your consent goes with out problems.
How long will it take to process?
The Building Consent Authority (Hamilton City Council) has 20 working days to process the application and either accept or reject it. If the Building Review Officer finds that the information or designs provided with the application are insufficent to ensure that the project meets the requirements of the building code, a request is made for further information. The processing time is suspended until that information has been received by the Council.
Time is not suspended if the application requires the input of the NZ Fire Service Comission. They have 10 working days to provide a memorandum concerning fire escapes and access for firefighting.
How long does a building consent last for?
The work must be started within 12 months of consent being granted, unless an extension has been agreed to. After this period, the consent will be cancelled and the owner will have to reapply before work can commence. The work needs to be completed within 2 years as the Code Compliance Certificate must be issued with in 2 years of the consent being granted.
How soon can work be started?
No physical work can be started until the Council has granted building consent and resource consent. If you start to build before this, you are liable for a fine.
What will a building consent cost?
Is electrical and gasfitting work included in the building consent?
Electrical and gasfitting is now called Energy Work and is part of the building consent if:
1. The work relates to a Compliance Schedule item as contained in Section 44 of the Building Act 1991
2. A modification / waiver from the Building Code or any approved documents, has been requested for the energy work
3. The owner/agent chooses to include energy work in the building consent.
What happens 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:
If you are intending to apply for a building consent, please collect the application form from the Council Building Unit reception or download from:
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