Q & A

Remember that all Exempt Building Work must still comply with the New Zealand Building Code and other Legislation such as, but not limited to, Housing Improvement Regulations 1947, local council Bylaws and District Plans.

For Exempt Building Work on an existing Building, once completed the Exempt Building Work can not have made the Buildings compliance with the Building Code worse.

• Q - Do I need consent to move my kitchen to another room?

A - No, There are several exemptions in Schedule 1 that form different parts of moving a kitchen from one space to another in your house, but basically, as long as you are moving the existing sink (not adding extra sinks) and not removing/altering any Internal Load bearing walls, you don't need consent, you can even add/alter windows/doors in the exterior walls to work with the new layout.

• Q - Do I need consent to replace windows and doors in my house?

A - No, under Exemption 8,  Building work in connection with an exterior window (including a roof window) or an exterior doorway in an existing dwelling that is not more than 2 storeys or in an existing outbuilding that is not more than 2 storeys is Exempt from consent, when looking at replacement of existing  external windows and doors there is the condition that the window or door being replaced can not have failed the Building Code in terms of durability.

The cool thing about this exemption is, it does not limit you to replacing your existing external windows and doors in the same place, if you have a blank external wall and thought it would be an ideal spot for a window, you are covered by this exemption!

TRICKY BITS (where I can help), you can not leave the building worse, for example:

 If there was a brace in the wall where you installed the new window, you need to replace that brace,

 If the wall was insulated, the window you installed could perform worse, so you have to make up the difference somehow, a similar issue can happen when installing a new skylight under this Exemption.

• Q - I want more light in my Kitchen, can I install a Skylight without a building consent?

A - Yes, under Exemption 8,  Building work in connection with installing a roof window in an existing dwelling that is not more than 2 storeys or in an existing outbuilding that is not more than 2 storeys is Exempt from consent.  As mentioned in TRICKY BITS, there would be a few items to work through, but that's where I can help.

• Q - Can I build a sleepout without a building consent?

A - Yes, under Exemption 3 or 3A, depending on the inside floor area you want, there are a number of limitations to building the sleepout but to give you a start point check out The Sleepout on The Fun Stuff page and MBIE have released a guide to Constructing a sleepout that does not require building consent.

• Q - Is a fence a Building?

A - Yes, under the Building Act a building is defined as any permanent structure, temporary structure, permanent movable structure ( so yes if you live permanently in a caravan on wheels, on a site, it becomes a Building!) 

• Q - But surely I can build a fence without a building consent?

A - Yes, under Exemption 21, as long as the fence does not form part of a pool barrier fence, a fence up to 2.5m high above supporting ground can be built without a building consent. Please note a lot of Council district plans place their own fence height limits on fencing, so it would pay to check your local district plan. This can be very important when it is a Boundary fence.

• Q -do I need building consent to build a retaining wall ?

A - No, under Exemption 13.2, as long as the retaining wall is retaining no more than 1.5m of ground (may require a safety barrier for safety from falling depending on location) and has no surcharge or loading from driveways, house etc. I found the Proconsult web site around timber retaining walls very useful for sizing etc. 

Also under Exemption 13.3, a 3.0m retaining wall may be built on a Rural property, as long as it is designed or reviewed by a Chartered Professional Engineer.