Regs. & Who's Responsible

• The information below can be quite daunting, confusing, boring and you may be thinking who cares, it is work that does not need council, I can do what I want. Please at least read MAIN THING TO REMEMBER!!!!!

While doing the Exempt Building Work you could unintentionally upset (piss off) a neighbour, who could lay a complaint to your local council or you may want to sell the property one day, if not done correctly the Exempt Building Work could turn into costly fines (See A Notice To Fix.) or a loss of sale.

• MAIN THING TO REMEMBER!!!!!  Under the New Zealand Building Act, the Home or Building owner is responsible for deciding if the Building Work is Exempt from needing a Building Consent and making sure the Building Work complies with the New Zealand Building Code and any other Legislation such as, but not limited to, Housing Improvement Regulations 1947, local council Bylaws and District Plans.

• You May be wondering, what's MY ROLE AS A DESIGNER? 

Under the New Zealand Building Act a designers role is to ensure the plans and specifications or the advice I give is sufficient to result in the building work complying with the building code, assuming you or the builder  have followed the plans and specifications or the advice. 

• A Notice To Fix is a warning to correct a non-compliance with the Building Code and/or Building Act 2004. For example, the requirement for all building work to comply with the Building Code. If you fail to correct the non-compliance, you are liable for a maximum fine of $200,000 with possible daily additional fines. 

• Our Building Act in New Zealand, under SECTION 41, allows some Building Work to be done without a Building Consent, this work is found in Schedule 1 of the Building Act. Even though a Building Consent is not required, the Building Work must still comply with the New Zealand Building Code and other legislation, like those mentioned in MAIN THING TO REMEMBER.

• MBIE have been nice enough to supply some GUIDANCE around Schedule 1, and even a guide Constructing a sleepout that does not require building consent.

• As per Section 42A subsection (2) Exempt Building Work needs to comply with the Building Code to the following extent:

(i) if it complied with the building code immediately before the building work began, it must continue to comply with the building code; or

(ii) if it did not comply with the building code immediately before the building work began, it must continue to comply at least to the same extent as it did then comply.

• KEEPING YOUR PROPERTY RECORDS UP TO DATE, it is recommended that you notify the council of any exempt work and provide them with relevant documentation (this is not a Building Consent). Councils may charge for this process. This can save any possible questions or remedial work when trying to sell.