In this section we offer answers to frequently asked questions received by the Building Services department.

Q: What’s the difference between a building consent and building permit?

A: Prior to 1992 building legislation called for building permits rather than building consents. The permit system was governed by a local authority by-law. There were no code compliance certificates and the building owner simply had do the building work that was shown on the permit.

However, the Government decided that there was a lack of consistency across New Zealand so introduced the Building Act 1991. This new legislation became active on 1 July 1993 with the introduction of the current building system including building consents, code compliance certificates and the need for site inspection.

Q: Who is responsible for work already done to the building when you buy?

A: Under the Building Act the building owner has responsibility for the buildings on their property. When you buy a property you take over this responsibility. It is recommended that purchasers take all steps to identify any potential building issues before purchase of a property. This may include, but is not limited to private building inspections, getting a Land Information Memorandum (LIM) report and seeking advice from a solicitor.

Q: Exempt building work - who is responsible for making the decision about the exemption?

A: Building owners are responsible for ensuring that building consent is obtained, if required, before building work begins.

The Ministry of Business, Innovation and Employment (MBIE) have produced a guidance document called, “Building Work That Does Not Require a Building Consent”. In essence, this is a guide to Schedule 1 of the Building Act 2004, which specifies what building work is exempt. Page 1 of the guidance document states, “This guide is mainly for building owners and practitioners who are planning to carry out or provide advice on any building work”.  Because the exemptions exist in law there is no decision making required by the Local Authority. However, Building Services staff will be more than happy to talk with people around exempt building work, but the responsibility for making the decision remains with the building owner.

More information about exempt building work is available on the MBIE website.