Marquee Building Consent / Exemption Application Guidance

Schedule 1 of the Building Act 2004 lists the following Marquees as automatically exempt from requiring a building consent – refer legislation as follows;

"(5)  Tents, marquees, and similar lightweight structures

Building work in connection with any tent or marquee, or any similar lightweight structure (for example, a stall, booth, or compartment used at fairs, exhibitions, or markets) that—

(a)  does not exceed 100 square metres in floor area; and

(b)  is to be, or has been, used for a period of not more than 1 month."

This exemption allows you to construct, alter or remove a tent or marquee, that is being used either for public assembly (e.g. at a school gala) or private use (e.g. for a wedding reception). However, this is only if the tent or marquee does not exceed 100 square metres, and is not in place for more than a month.

The exemption also recognises the simple construction and temporary nature of stalls used at fairs, exhibitions (such as trade shows) and market events. The above conditions also apply to private marquees.

The restrictions on maximum floor area have been imposed, to avoid potential safety problems.

If you are proposing to erect a marquee, that does not fall into the above category, you will need to apply for an exemption from the need for building consent. Council will consider each application on its own merits, they will check for compliance with relevant building code clauses, and either grant or refuse the application.

Exemptions other than those listed in Schedule 1, are not automatically granted.

Information to be supplied for building consent or exemption application:

  1. In either case, complete all relevant sections of a building consent application form using the downloadable application form or through our AlphaOne online consent system.
  2. The type of information required to be supplied with an exemption from building consent application is the same as for a building consent application, i.e. it needs to demonstrate compliance with the relevant provisions of the building code;
    1. Site Plan. This needs to be specific to the site and show;
      • Access provision for emergency services
      • The location of the marquee(s) if application is for more than one, on the same site
      • Emergency assembly area(s)
      • Location of fire extinguishers
      • Location of existing buildings - dimensions to relevant boundaries
      • Location of ablution block(s) (WC’s, etc)
      • The location, type and storage capacity of any Hazardous Substances on the site.
    2. Dimensioned floor plan and elevations of marquee(s), showing available exits, size of the marquee, location of tie down points, etc.
    3. Details of egress and fire safety provisions, estimated occupant load, etc.
    4. Details of restraints/tie downs (these can vary for wind zones/speeds). Note: Structural specifications change for individual proprietary marquees and a current PS1 for specific structural information should be sought from the marquee supplier.
    5. Fire Test for flammability – AS1530.2 NZAS 1530.2 Flammability test example.pdf [PDF, 78 KB]
    6. An indication of time the marquee(s) is expected to be up for and who will be erecting/dismantling it.
    7. For marquees with large occupant numbers of 100 people +, and/or providing employment facilities for 10 or more persons, an evacuation procedure approved by Fire and Emergency New Zealand (FENZ). Applications must be made to FENZ 30 days prior to the event or date of use of the marquee. This can be made through an online application form on their website. For further details on requirements refer to FENZ Fire safety, evacuation procedures and evacuation schemes [PDF, 697 KB] information sheet.
    8. Information relating to items b) to e) above may be provided by the person/company offering the marquee for hire. It is recommended that you check at the time of booking the marquee.
    9. A minimum charge of $300.00 is invoiced once an exemption has been either granted or refused. This charge is usually sufficient to cover processing costs for an exemption.  If processing time exceeds time allowed or further information or inspections by Council is required then further costs may be incurred, which will be charged at actual time and cost. Your exemption documentation will be released when payment has been received by Selwyn District Council.

Please contact the Building Advisory Team on 347 2839 if you require further information.

Note - If an Exemption is granted; no inspection is undertaken by Council as the applicant has already confirmed the building work will comply with the Building Code throughout the time the marquee is erected.

Examples of documentation for reference only.