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MDC (Services: Property)

Building Consents

Most building work you plan in the Masterton District requires that a Building Consent be issued from the Council before it is carried out. You may also require Resource Consents

A Building Consent authorises building work. A Resource Consent authorises land use. You may require one or more Building and Resource Consents for the same project.

We welcome you to contact us at the beginning of your building project so we can guide you through the process.

You can download Building Consent application forms here. You will need Adobe Acrobat Reader to view & print these documents.

Page Contents:

1.      About the Building Act

2.      Why Go Through the Building Consent Process?

3.      When is a Building Consent Required?

4.      Applying for a Building Consent or PIM

5.      Plans and Specifications

6.      Producer Statements

7.      Building Consents Fees & Charges

8.      Inspections

1. About the Building Act

The Building Act 2004 and its Regulations set out the law on building work in New Zealand.

The Act is administered nationally by the Department of Building and Housing (DBH) and locally by councils using the Building Consent process prescribed by the Act.

The New Zealand Building Code

Building codes are important for achieving healthy and safe buildings. They provide a degree of security to people who use buildings that they can do so safely, with at least a minimum level of facilities or amenities.

The current New Zealand Building Code is the First Schedule to the Building Regulations 1992. It has 35 clauses containing technical requirements and two clauses of general provisions.

It sets out performance standards that buildings must meet – like how strong an earthquake they must be able to withstand, or how much natural light there should be in a bedroom. Performance standards under the Building Code govern a building’s durability, fire safety, sanitation (services and facilities), moisture control, energy efficiency and access.

Unlike prescriptive codes, performance-based codes like New Zealand’s enable more than one way to achieve a performance standard. For example, the current Building Code requires for ventilation that: spaces within buildings have a means of ventilation with outdoor air that will provide an adequate number of air changes to maintain air purity.

However, the Code does not specify how to achieve this. Designers and other professionals can therefore design their own solution, perhaps using innovative materials and methods that may provide better performance and/or cost less.

They may also use the Acceptable Solutions provided in the Compliance Documents produced by the Department of Building and Housing.

New Zealand Standards are often cited in the Building Code and Compliance Documents.

Homeowners Building Guide

The New Zealand Homeowners Building Guide: Your guide to NZ building codes, building suppliers, building advice and so much more!

Your responsibilites as a Property Owner under the Bulding Act

As a property owner, the Building Act 2004 requires you to:

●  ensure your building is maintained in a safe and sanitary condition
● 
undertake maintenance to ensure ongoing durability and performance
● 
get a Project Information Memoranda (PIM) from the Council for all building work proposals (although not mandatory a PIM can assist with the design process)
● 
get a Building Consent for all work not exempt before commencing any building work
● 
ensure all building work exempt from needing a Building Consent still complies with the Building Code
● 
get a Resource Consent or other legislative or bylaw authorisation where required before commencing any building work
● 
comply with easements and covenants on the title
● 
notify the Council of any proposed change in building use and not effect that change until written approval is obtained from the Council
● 
apply to the Council for a Code Compliance Certificate upon completion of consented building work
● 
strengthen earthquake prone buildings in accordance with Council policy
● 
ensure Building Compliance Schedule inspections, maintenance and reporting procedures (where applicable) are completed, the annual building Warrant of Fitness is signed off in due time, (not required for residential homes) and copies of the Warrant of Fitness and LBP reports are provided to Council.

The Council's Role under the Building Act

The Masterton District Council is a Building Consent Authority (BCA) under the Act responsible for:

●  administering the Building Act 2004 in the Masterton District
● 
enforcing the Building Code
● 
receiving and considering Building Consent applications
● 
determining building consent applications within prescribed time frames
● 
issuing Project Information Memoranda (PIM)
● 
issuing Code Compliance Certificates
● 
receiving and considering applications for Certificates of Acceptance (COA)
● 
issuing Notices to Fix
● 
issuing Compliance Schedules
● 
recording building Warrants of Fitness details
● 
determining applications for waiver or modification of the Building Code or documents used for establishing compliance with its requirements
● 
maintaining a building records system with public access for the life of the building to which it relates.

2. Why go through the Building Consent Process?

Building without a Building Consent where one is required is an offence in New Zealand which could result in fines and possibly the removal of the building work. It may also make it difficult to sell the building, or even get insurance.

A Building Consent is issued by the Building Consents Authority through local government. It is consent granted in writing to conduct building work that it considers will comply with the Building Code if it is carried out according to the plans and specifications submitted with the Building Consent application.

A Building Consent cannot be issued retrospectively for work already completed. In this case you must apply for a Certificate of Acceptance (COA) - more information below.

3. When is a Building Consent Required?

A Building Consent must be obtained before any building work is started.

●  Building work means work for the construction, alteration, demolition or removal of a building.
● 
Buildings include housing, community facilities, commercial and industrial structures and outbuildings, and structures such as bridges, platforms and dams.

Most building work, including plumbing and drainage and some earthworks, requires a Building Consent. Some basic building work does not. This is often referred to as 'exempt work'.

All building work must comply with the Building Code, whether or not it requires a Building Consent.

Examples of Work the Requires a Building Consent:

●  structural building - additions, alterations, re-piling, demolition
● 
plumbing and drainage [except repair and maintenance of existing (using comparable) components]
● 
relocating a building
  installing a wood burner
  retaining walls higher than 1.5 metres
 fences or walls higher than 2.5 metres, and all swimming pools and their associated fences
● 
decks, platforms or bridges more than one metre above ground level
● 
sheds greater than 10m² in floor area.

Examples of Work that does not Require a Building Consent (Exempt Work):

  a patio or deck at ground level
 garden trellis less than 2.5 metres high
 maintenance of your house such as replacing spouting or a piece of weatherboard
  building a small garden shed (provided it is no closer than its own height to the boundary, is under 10m², less than one storey high and does not contain any sanitary fixtures).

The Department of Building and Housing provide a guidance document on what building work does not require building consent. This document is available at www.dbh.govt.nz/bc-no-consent

Earthquake Prone Buildings

As required by the Building Act, the Council is reviewing potential earthquake-prone, dangerous and unsanitary buildings in the District.
 
Their performance in relation to the new building Standard is required to be assessed, followed by consultation with affected building owners regarding any improvements necessary to meet it.
 
The Council has the authority to carry out work to reduce or remove the danger or demolish a building if it is not compliant. Owners have the right of appeal.

Earthquake Prone Dangerous and Insanitary Buildings Policy 2006

4. Applying for a Building Consent or PIM

A Project Information Memorandum, or PIM, is a report provided by the Council about a specific building proposal on a specific site. A PIM is not a mandatory application but recommended prior final design work is completed. View Building Consent and PIM fees here.

A PIM identifies known information on the land which could affect your proposed building project, such as:

 erosion
 falling debris
● 
subsidence
● 
slippage
 flooding
 presence of hazardous material
● 
whether a Resource Consent is required
 whether other laws affect the site; for example heritage requirements, territorial authority bylaws
 details of surface water and wastewater
 whether a Development contribution fee is required
 whether the proposed use of the building will require an evacuation scheme approved by the New Zealand Fire Service.

It provides either:

 confirmation that building work may be done, subject to the requirements of the Building consent and provided that all other necessary authorisations have been obtained; or
 notification that building work may not be done because necessary authorisation has been refused, even though a Building Consent may have been issued.

Advantages in obtaining a PIM early

You should get a PIM at the planning stage of a project so you can decide whether your project is feasible and likely to be approved. It will also inform you of other Council approvals you must obtain before starting building work.

Applying for a Building Consent

The Council has 20 working days to decide whether to grant or refuse your application.

A Building Consent can lapse or expire if the work it authorises is not started within 12 months, and if not completed within 24 calendar months from the date of its issue it is Council’s discretion to issue a code compliance certificate. Contact the Council at the earliest to apply for an extension if there are delays in starting or completing your building work within the time frames.

Application Forms and Checklists

Usually a copy of the Certificate of Title (no older than three months) must accompany your Building Consent application.

Links to the various application forms including checklists are listed at the bottom of this page

Further Information

More detailed information download:

 The Masterton District Council's A Guide to Obtaining a Building Consent
 The Department of Building and Housing's Guide to applying for a building consent (simple residential buildings)

5. Plans and Specifications

Plans and specifications must be detailed, specific to the project, and clearly demonstrate how compliance with the various clauses of the Building Code will be met in your building project.

Clarity and accuracy of the information you supply is critical and can help to speed processing of your application.

For commercial/industrial and public use building, specific details will be required including details about:

 fire protection
 means of escape from fire
 mechanical services
 compliance schedules.

Generally two copies of all documents are required. Faxed plans are not acceptable.

Providing your documentation in digital format will be accepted but printing charges will apply.

Guidelines for submitting your plans and specifications such as paper to use, colour, construction drawings, information to be shown, etc, are in the Council’s booklet A Guide to Obtaining a Building Consent 

6. Producer Statements

A Producer Statement, while not specifically mentioned in the Building Act 2004, can be valuable additional information to assist the Council in determining compliance with the Building Code.
 
This states that certain work will be carried out in accordance with certain technical specifications and will comply with the Building Code.

A Producer Statement could cover any of the following areas:

 design
 design review
  construction
  construction review.

Producer Statements should be submitted on forms supplied by the professional organisations involved, such as chartered professional engineers. Copies of calculations that form the basis of any Producer Statements must be included.

The Council may accept Producer Statements from approved professionals who can demonstrate they are qualified; have expertise in the specific field; and have a reliable work history. Periodic audits are undertaken to verify the validity of Producer Statements.

7. Building Consent Fees and Charges

The Councils Building Consents Fees & Charges are calculated on the actual time taken to approve the application, plus the cost of carrying out the estimated number of inspections during construction.

Levies of the Building Research Association of NZ (BRANZ) and the Department of Building & Housing (DBH) are calculated on the value of your proposed building work and then added to the fee.

This value must be the total of all goods and services to be supplied for the project. It must reflect market value and include site works, plumbing and drainage, and all materials and labour – including recycled materials and ‘DIY’ labour. If the value you state is inconsistent with values submitted for similar work or the estimated values provided by the Department of Building and Housing, the Council may amend it. Initial building valuations by Quotable Values are based on values declared in building consents.

You must submit the appropriate fee, including the levies, with your building consent application. View the fee schedule for Building Consent fees, PIM fees, Multi Proof fees and other charges here.

Additional Charges

The Council will make additional charges for its actual costs where these are more than the estimated fees charged. Additional charges are based on actual time spent on the application and other costs, including additional inspections and administration. These must be paid before Consents or Code Compliance Certificates will be issued.
 
Additional fees may be payable for a refundable vehicle crossing deposit and some applications may have a refundable damage deposit.

Refunds

A new road crossing or damage deposit may be held in addition to the Building Consent fees. The amount depends on the existence of a vehicle road crossing at the building site, and is refunded on: the satisfactory completion of a new vehicle road crossing; or verification that no damage has occurred to the existing crossing, footpath, kerb or berm, etc, during construction.

8. Inspections

Inspections made during construction provide the Council with the information to issue a Code Compliance Certificate at the completion of the building project.

Your Building Consent will detail inspections that are required to be carried out during construction.
 
To arrange these inspections please phone our Call Centre on (06) 370 6300 between 8.00am and 4.30pm, Monday to Friday. Please give as much notice as possible, with a minimum period of 24 hours.

When booking inspections, basic information is required such as:

- type of inspection (foundation, pre-slab, pre-line, etc)
- site address
- Building Consent number
- name of person making booking
- contact phone number

All approved documentation must be available on site for the inspection. More information is available in: Now you have your Building Consent A Guide to the Inspection Process
 

Application Forms and Checklists       

1.       Building Consent Application Fees - 322kb .pdf file

Application for Certificate of Acceptance - 295kb .pdf file

Application for Building Consent for Commercial, Industrial or Multi Residential Building work - 250kb .pdf file

Application for Building Consent for minor Plumbing or Drainage work, Swimming Pools 210kb .pdf file

Application for Building Consent for Wood Burning Heater - 118kb .pdf file

Application for PIM (Project Information Memorandum) - 207kb .pdf file

Application for Building Consent for Residential Building work - Dwellings, Additions, Alterations, Garages, Sheds, Farm Sheds, Decks, Retaining Walls etc - 232kb .pdf file

Application for Building Consent for Signs - 208kb .pdf file

Application for Building Consent for Temporary Buildings, Marquees, Stages over 1m high, Grandstand seating etc - 132kb .pdf file

Application for Amendment to a Building Consent - 254kb .pdf file

Application for Certificate of Public Use - 43kb .pdf file

Application for a Waiver or Modification to the Building Code - 230 kb .pdf file

Earthquake Prone Buildings Policy - 97kb .pdf file

Dangerous and Insanitary Buildings 82kb .pdf file

 

Links to helpful websites

NZ Homeowners Building Guide

Department of Building and Housing

Building Code Compliance Documents

BRANZ

Land Information NZ


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