Discretionary Exemptions

Work completed under a discretionary exemption needs to comply with all building code requirements, it's important to note that

• discretionary exemptions cannot be issued for work that has already been completed.
• discretionary exemptions cannot be issued for building work with a specified intended life.
• you will need to include the same level of information you would supply for a building consent.
• we make our decision based on the information you provide with your application, there is no request for further information process so if it’s not supplied it cannot be considered and this may lead to us not approving your application.
• your application may also have to be considered by council’s Planning department so you should do some investigation before submitting about what district plan rules are relevant. A requirement for you to obtain a resource consent may influence our decision to grant an exemption if it has not already been granted.
• we consider applications on a case-by-case basis.
• there is no statutory timeframe for us to make a decision – so allow plenty of time for processing your application in your planning.
• there are no inspections carried out, and no code compliance certificate issued.
• responsibility for compliance with the Building Act and building code sits with you as the building owner.

Refer our examples of Schedule 1(2) exemptions that will be considered and not considered by Selwyn District Council.

When considering applications we

• look at whether your work is being completed by qualified and experienced people and whether they will provide ’sign offs’ for the work.
• check that your application shows a good understanding of the Building Act.
• decide if we can be satisfied on reasonable grounds that your finished building work will likely meet the building code, or if it not then that it is unlikely to endanger people or any building on the same land or other property.

If your application is refused, you’ll be given the reason why. Depending on the findings, you may

• be able to reapply with additional supporting, or
• need to apply for a building consent.

No matter the outcome of our decision, payment is required to cover the time spent on reviewing your application. Charges are on a time and cost basis – see our fee schedule for details.

• Building owner - you are ultimately responsible for ensuring any exempt building work meets the building code and other relevant legislation.

Note: If you project manage your build and engage the various trades yourself then you are also taking on some of the responsibilities of the Builder.

• Designer - is responsible for ensuring that plans and specifications provide sufficient detail to result in the building work complying with the building code.

• Builder - is responsible for:
  • carrying out the building work to the plans and specifications and ensuring building work not covered by a building consent complies with the building code, and
  • ensuring that any building work is carried out or supervised by someone who is suitably qualified and experienced.

• The Territorial Authority (the Council) - is responsible for applying its discretion in making a decision to grant or refuse the exemption application taking into consideration:
  • the likelihood that the work would comply with the building code, or
  • that it is unlikely to endanger people or any building.