• Solid or liquid fuel heaters 

    • There is already a simple and economical building consent process for these, and it would be inappropriate to exempt them as there are significant consequences if something does go wrong.  This includes changes to existing burners that alters how they comply (eg an existing inbuilt burner in a masonry chimney being converted so that it is a timber enclosure). If the timber enclosure is only above the ceiling line, then this is less of an issue as the flue temperatures reduce significantly with height.

  • Applications that include work that will change the use of the building

    • Council has a wide range of considerations in these instances and a building consent is appropriate.

  • New or altered accessory buildings that include habitable spaces with services

    • (ie sleepouts or studios or hobby rooms with bathrooms or toilets or any kitchen type facilities)

    In these instances there are potential considerations across many parts of council and a building consent is the only means to ensure these projects are assessed appropriately.

  • Additions to dwellings that involve every part of the building process from foundations through to the final decoration

    • In these instances the range of work is simply too wide for Council to be assured that all aspects of the building work will be compliant. A building consent is more appropriate to assess and verify compliance.

  • New buildings or alterations that require approval for service connections by council

    • Unless the application includes confirmation of approval of the connection has been obtained.

  • New buildings or additions that will require council resource consents that are not yet obtained and where these consents may have conditions that require changes to the design that are more than minor

    • In these cases what was assessed under the exemption application may change in a way that wasn’t anticipated when deciding if the work would be carried out to comply with the building code.

  • Work that requires separate applications for approvals from other authorities that are yet to be obtained

    • For example, regional authority discharge consents.

    These need a building consent as the design to meet these consents may vary from the designs being presented for exemption in a way not previously considered under an assessment of compliance with the building code.

  • Cladding replacements

    • The Council needs to be cautious with cladding replacements unless there is an extremely low risk of non-compliance, or if the consequences are low.

    There is a long history of weathertight failures, so a building consent should be sought so that appropriate assessments and inspections are carried out unless an owner is making their own decision under Schedule 1(1) that a building consent is not required as the work is repairs or maintenance (taking note of the exclusions that apply).

  • Wet-area showers on timber floors (especially on upper levels)

    • These have a history of failure that makes it inappropriate to approve exemptions for them.

  • Fencing associated with the use of a residential swimming pool requiring compliance with F9 of the building code

    • The consequence of failure associated with any non-compliance is significant. In addition, the issue of a code compliance certificate formally initiates regular inspections by either the Council or an independently qualified pool inspector.

  • Work on land subject to a hazard

    • Any work that otherwise would require an assessment for a hazard notice (s71-74) if it were a building consent – eg “major alterations” in a flood awareness area or on some hill sites (a geotechnical expert should be able to provide an opinion on hazards on a hill site).

    Note: Complete foundation replacement is considered to be a major alteration.

  • Stages of consentable building work

    • This may include piles/ground improvement for future building to be built under a building consent, or building work which affects building work being done under a current building consent.

    There are some situations where an exemption will alter a building in such a way that it prevents or hinders the issue of a future building consent or a code compliance certificate for work on the same building.

    If the project involves an underlying building consent an exemption is not appropriate, and an amendment to the original building consent, and/or a further stage of the building consent is more appropriate.

  • Work relating to a hazardous substance location

    • The building to which the building work relates is a hazardous substance location that is required to be authorised under the Health and Safety at Work Act 2015 or any regulations made under that Act. (Building Act 2004, Section 42A(2)(d)).

  • Work that includes the adding of, or significant alterations to, the following specified systems:
    • SS 1 – Automatic systems for fire suppression,
    • SS 2 – Automatic or manual emergency warning systems for fire or other dangers
    • SS 5 – Escape route pressurization systems,
    • SS 6 – Riser mains for use by fire services,
    • SS 8 – Lifts / escalators,
    • SS 10 – Building maintenance units,
    • SS 11 – Laboratory fume cupboards,
    • SS 13 – Smoke control systems,
    • SS 14 – Emergency power systems,
    • SS 16 – Cable cars

    • The adding of other types of specified systems may be considered for exemption on a case-by-case basis dependent on complexity of the building and the risk profile of the work.

  • Alterations to buildings that are proposed without weighing the benefits of upgrade work in relation to fire safety or accessibility that would be required under section 112

    • When assessing an exemption application Council will consider the likely current compliance of the building and the extent of the work that is proposed.

    The building work will need to be particularly small, or simple, or have a thorough argument presented with the application  as to why a project will not undermine section 112 intentions for an exemption to be considered.

    MBIE’s guidance document Requesting information about means of escape from fire for existing buildings provides more information. Although this guidance document is with regard to fire, it is reasonable to assume that access and facilities for people with disabilities will have been assessed concurrently with fire safety.

  • Structural strengthening of a building that has been assessed as being less than 34% new building standard (NBS), or if the strengthening work is substantial

    • Council has chosen to use NBS as the measure for whether an exemption could be considered rather than earthquake prone building (EPB) status, as the complexities of EPB assessment are outside the scope of our process.

    A building consent is appropriate to ensure that the design of this work is engineer reviewed, inspections carried out, and appropriate statements collected before the issue of a code compliance certificate. Council can then be confident in accurately recording the EPB status.