The Exemption Framework
Not all building work in New Zealand requires a building consent. The Building Act 2004 and its associated regulations specify categories of work that are exempt from the consent requirement. Understanding these exemptions — what they cover, what they don’t, and the conditions that apply — is practical knowledge that helps builders and their clients plan work efficiently without unnecessary consent delays and costs.
The Building (Exempt Building Work) Order 2014 (and subsequent amendments) specifies the Schedule 1 exemptions in detail. The key principle is that exempt work must still comply with the Building Code — the exemption is from the consent process, not from the compliance requirement.
Common Exempt Categories
Some of the most commonly relevant building consent exemptions for residential construction include:
- Single-storey detached buildings up to 30m² (with conditions — must not be used for sleeping, must be on same site as a building with sanitary facilities)
- Pergolas (free-standing, not enclosed)
- Retaining walls up to 1.5m that do not support a surcharge from a structure or vehicle loading
- Driveways (not requiring excavation for retaining wall consent)
- Repair and maintenance (like-for-like replacement using the same materials)
- Internal non-structural alterations (removing or altering a non-loadbearing wall)
What’s Not Exempt
Work that is frequently misunderstood as potentially exempt but isn’t: any structural alteration to an existing building; changes to the weathertight envelope (replacing cladding systems); additions to habitable space; work involving plumbing and drainage connections; and electrical work beyond defined minor work categories.
The Risk of Getting It Wrong
Building work that requires a consent but doesn’t have one creates problems at the time of sale — council records won’t show the work, and the house may not comply. The cost of rectifying unconsented work — or of obtaining a Certificate of Acceptance after the fact — is typically far greater than the original consent would have cost. When in doubt, check with the local council or a building professional before assuming work is exempt.