Building Act 2004 — Section 40 and Schedule 1

When do you need building consent in New Zealand?

Most significant building work requires consent from your local council. Here's exactly what requires consent, what's exempt, and what happens if you build without one.

📋 Building Act 2004 — In force as at 15 January 2026

The basic rule (Section 40)

No building work without consent — unless exempt

No person may carry out any building work except in accordance with a building consent, unless that building work is specifically exempt under Schedule 1 of the Act. All building work — consent or not — must still comply with the New Zealand Building Code.

Work that always requires consent

New dwellings (houses, apartments, units)
Additions that increase the floor area
Structural alterations
New or relocated plumbing and drainage
Swimming pools and spa pools
Change of use of a building
Most commercial building work
Work on fire safety systems
External cladding replacement (more than minor repairs)

Exempt work (Schedule 1)

You do NOT need consent for:

Single-storey detached buildings ≤10m² (not for sleeping, not near a boundary)
Decks ≤1.5m above ground, ≤30m²
Certain pergolas and shade structures (no roof covering)
Fences (except around swimming pools)
Driveways and paths
Like-for-like plumbing repairs and replacements
Certain minor maintenance and repair work

Even exempt work must comply with the Building Code. Check with your local council if you are unsure whether your project is exempt.

The consent process

Apply to your local council (BCA)

Applications are made to the Building Consent Authority (BCA) — usually your local council. You must provide plans and specifications sufficient to show that the proposed work will comply with the Building Code.

The BCA must grant or refuse consent within 20 working days for standard applications.

Code Compliance Certificate (CCC)

Required before occupation

On completion of building work, you must apply to the BCA for a Code Compliance Certificate (CCC). The BCA must inspect and issue or refuse the CCC within 20 working days.

Buildings must not be occupied until the CCC is issued, unless the BCA grants a certificate for public use for a specific purpose.

Building without consent: Carrying out work that requires consent without obtaining one is an offence under the Building Act. The council can require the work to be removed or remediated at your cost, and may issue a notice to fix. The 10-year liability period under Section 393 still applies.

Source: Building Act 2004, Section 40 and Schedule 1. Ministry of Business, Innovation and Employment guidance at building.govt.nz. This is general information, not legal advice.

Frequently asked questions

Can I do my own building work without a Licensed Building Practitioner?

For restricted building work (structural, fire safety, external moisture management), you need to either hire an LBP or use the owner-builder exemption — which means you personally carry out the work on your own home and don't sell within 3 years.

How long does building consent last?

A building consent lapses if work is not commenced within 12 months of the consent being granted. You can apply for an extension before it lapses.

Does my deck need building consent?

Decks under 1.5m above ground and under 30m² are generally exempt. However, if your deck is attached to the house and involves structural work, or if it is near a boundary, consent may be required. Check with your local council.

What is the 10-year longstop?

Under Section 393 of the Building Act, no legal action can be brought for defective building work more than 10 years after the act or omission. This applies to designers, builders, and councils. It is a hard deadline — not extendable.

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