Most building work will require a Building Consent. The Building Act 2004 requires that building consents be granted for any temporary or permanent moveable or immovable structure (including a structure intended for occupation by people, animals, machinery or chattels) and includes mechanical, electrical and other systems, certain fences, vehicles that are immovable and occupied by people on a permanent or long term basis, mast poles and telecommunication aerials that exceed certain height and width criteria and the demolition of existing buildings.

Building Consents are also required for some maintenance work particularly where maintenance involves building components that have not been able to meet the durability requirements of the New Zealand Building Code. Certain work is exempt from the need to be subject to a building consent; more information concerning these exemptions can be found in the First Schedule to the Building Act.

All the information you need to make your decision is available at https://www.building.govt.nz/buildit

A small change can be made by asking a building inspector to grant a Minor Variation on site, if the change does not effect the structure or weathertightness of the building. Structural changes or additions to the plans may need an Amendment, which should be applied for in Objective Build. Please see our Guide, Public Information on Amendments and Minor Variations. (PDF 179.26KB)

A Building Consent will lapse and be of no effect if the building work to which it relates has not commenced within 12 months after the date of issue. Should circumstances arise where a delay to building work is required the Building Consent Authority may extend the lapsing period at its discretion.

The Building Act requires that within two years of the grant of the building consent a building owner must apply for a code compliance certificate. Such a certificate is confirmation that the building complies with the New Zealand Building Code and the Building Act. If the building is not completed within the two year period the building owner may request the Building Consent Authority to extend the period for which a code compliance certificate can be obtained. Such an extension would be at the discretion of the Building Consent Authority. If a building owner does not make application within the 2 year period then the Building Consent Authority (Council) will decide whether to issue the certificate or not.

The life of the building consent is essentially a 24 month period. A code compliance certificate is required to be applied for within 2 years of a building consent being granted. The building work is required to be commenced within a 12 month period but if circumstances are such that an extension is required an application for an extension can be made. Likewise, an extension to the time for an application for a code compliance certificate can also be made.

A small change can be made by asking a building inspector to grant a Minor Variation on site, if the change does not effect the structure or weathertightness of the building. Structural changes or additions to the plans may need an Amendment, which should be applied for in Objective Build. Please see our Guide, Public Information on Amendments and Minor Variations.

There are a range of septic tanks available. Generally speaking any septic tank can be utilised for a dwelling so long as it is big enough in relation to the number of people the building is designed to accommodate. The real issue with septic tank drainage is the soakage system that supports the working of the tank. Where ground-receiving conditions are marginal for the soakage of waste water it may be necessary to use a specialist soakage system and possibly, utilise the services of an appropriately qualified engineer to design a specific installation to deal with the marginal conditions. Marginal conditions could involve the porosity of the receiving ground, water-table heights and proximity to water bodies. The septic tank effluent is required to be disposed of in accordance with West Coast Regional Council discharge to land plans and specific standards AS/NZS1546.1:1998 “On site domestic waste water treatment units” and AS/NZS1547:2000 “On site domestic waste water management”.

Reputable sanitary plumbing and drainage firms will be able to give building owner’s good advice. The Council staff will also give advice.

A Building Consent Authority is required to deal with any application for a building consent within 20 working days. This rule can vary depending on the additional information required.

A "working day" means any day except;

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Queens Birthday, Labour Day and Waitangi Day;

The day observed in Westland as the anniversary of the province;

A day in the period beginning 20th December in any year and ending with the close of 10th January in the following year.

For more information contact the Council.

The Building Act 2004  Schedule 1 Exempt Work, provides that for tents ,marquees, and similar lightweight structures  Exemption 5 may be utilised, this 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 to be, or has been, used for a period of not more than 1 month.

The purpose of the building consent is to principally ensure that the safety of occupants and users is paramount. The conditions for the use of a tent or marquee are likely to include the necessity to keep entrances and exits clear, have fire extinguishers on site so that there is a safe evacuation of users should circumstances require.

There is no easy straight forward answer to this question. Essentially any timber may be used in any building. However the location of the timber will determine the standard of treatment of the timber and the use of the area in which the timber is to be utilized are all determining factors in setting a standard. The Department of Building and Housing website has a publication on timber treatment which could be of assistance.

The time that it takes to administer your building consent application will depend entirely on how well your application is put together. The Building Consent Authority has a total of 20 working days to check your consent application for compliance with the various building regulations and the New Zealand Building Code and to grant the building consent.

However, if an application is deficient in terms of details and further information is required to demonstrate compliance with the New Zealand Building Code; then an application would be put on hold, the applicant is advised of the requirement for additional information and processing will not recommence until such time as the additional information is furnished.

The New Zealand Building Code is a comprehensive document that provides for detailed ways of compliance. Such details that appear in the New Zealand Building Code are referred to as “acceptable solutions”. Where a building owner wishes to depart from “acceptable solutions” within the building code such a departure is known as an “alternative solution”. In almost every case where an “alternative solution” is utilised in a building an engineer (or other appropriately qualified person) will be required. Engineers are always required for matters relating to structural works and foundation design that are outside the scope of The New Zealand Building Code and New Zealand Standards.

Buildings can be quite complex structures and there is an important place for Engineers in the design and certification process. Although the Council is responsible for checking the building consent application, granting the consent and issuing a code compliance certificate, there are many complex aspects associated with the building that are required to be subject to specific documentation referred to as “producer statements”. The Institution of Professional Engineers has produced very good material explaining the role of an engineer on a building project and copies of the Institution’s pamphlet are available at the Building Consent Authority office.

The building pad (the area of land occupied by a building) is essential for the ongoing performance of the structure of the building. The ground bearing capacity of the building pad must equal or exceed 300kpa. There are various ways of determining the ground bearing ability of the building pad. Where a building pad is on undisturbed ground the capacity of the ground can be determined by the use of a penetrometer or by observation through a ground profile. Where the land has been disturbed it is almost always necessary to obtain an engineers report as to the ground bearing capacity.

Where a building pad involves the digging out of soil and replacement with gravel and other material an engineer’s design will be necessary. It is very good practice to ensure that the engineer tests the building pad prior to any building commencing on the pad. In effect this means that the engineer would issue a “Producer Statement” to the Council prior to the building structure commencing.

From time to time owners discover that a building permit or consent has not been granted for the buildings that they own. Generally speaking such a discovery is only relevant where the buildings are more than 30 years old. It is most unusual to find a building for which no building consent has been granted and it is more common that a landowner will discover that a building permit has not been issued (building consents have been granted since January 1993 and building permits were granted prior to 1993).

With regard to buildings for which no record of a permit can be found it is possible that a permit was issued but has, for various reasons, been lost. This is a particular issue where land has been subdivided and re subdivided and property files have had their origins merged by time.

The important issue for a building owner is one of the structural and durable integrity of the building. Generally these issues are able to be determined by inspection by an appropriately qualified person. Where building owners discover that no permit has been previously granted it is usual for an “expert opinion” to be provided to the Council by an appropriately qualified person to make the property file records complete.

From time to time buildings do appear without building consents. In such circumstances the Council will prosecute the builder or owner or other agent. As to whether the building is able to stay will depend entirely on the quality of the building and the evidence provided to the Council by the building owner in terms of structural and durability criteria. A building that is built without a building consent has no guarantee of being permitted to remain. There is however a mechanism under the Building Act for a Certificate of Acceptance to be issued and the Council may exercise its discretion to grant such a certificate. It is however, most likely that a prosecution will proceed and that the building owner will be required to uplift a building consent for the demolition of the building.

A sleepout is an Accessory Building to a main dwelling and cannot be built on its own. It cannot contain drinking water supply or kitchen facilities - if it does, it is considered a dwelling. 

If you obtain building consent, a sleepout can contain a solid fuel heater and bathroom, as can a shed or garage. 

You will need to consider Building Code requirements regarding durability, storm water disposal and smoke alarms - you must install smoke alarms if the detached building is going to be used for sleeping. 

If the existing dwelling uses an onsite wastewater disposal system (septic tank) you will need to check whether the system has the capacity for the extra person/people. 

You should also check the planning regulations with WDC Planning Department. 

Some sleepouts can be built under the Schedule 2 Exemptions, and may not need building consent. The above considerations would still apply, and it must still meet Building Code requirements.

To be exempt from a building consent, a sleepout should be less than 30m² and under 3m in height should have no plumbing or bathroom facilities. 

See MBIE's guide: Constructing a sleepout that does not require building consent

As the building project progresses, different inspections will be required. Before contacting the Building Consent Authority staff for an inspection, it is absolutely essential that all the work associated with the building to the inspection stage has been completed. If a building owner (or builder) is satisfied that the building project has advanced to a stage where an inspection is readily able to be undertaken, then the inspection can be booked by ringing the Council office (03 756 9040) asking for the Building Consent Authority Administrative staff and arranging a date and time with them. You do not need to speak to a Building Compliance Officer as internal arrangements will be made to have an appropriate officer respond to the inspection request.

All inspections will be completed within 3 working days of the requested date. Inspections South of Ross are undertaken on a Wednesday.

Whenever a building owner makes arrangements for an inspection it is very important that the person making the arrangements quotes the building consent number to the Building Consent Authority staff so that accurate arrangements can be made.

When a building consent is granted the Building Consent Authority will always outline in an accompanying letter the various inspections that will be required to be undertaken. The list of inspections will be particular to the project for which the building consent has been granted.

Different building projects will require different inspections. The Building Consent Authority will always undertake an inspection of foundation works before concrete is poured, sub-floor works and flooring. An inspection will be undertaken at each stage of the project where building components are either wrapped or clad, all drainage and sanitary plumbing is inspected and all heating appliances must be inspected prior to them being utilised for the first time.

One of the most important inspections required to be undertaken is the final inspection (the code compliance certificate inspection) when the Building Consent Authority will determine if a code compliance certificate should be granted. An application for a Code Compliance Certificate is required from the Building owner prior to the final inspection being carried out.

The issue of a code compliance certificate is the final step in the building consent process. When the Building Consent Authority issues a code compliance certificate it is a statement that the building has been erected in accordance with the plans and specifications submitted with the application and that the building complies with the New Zealand Building Code in so far as can be determined.

Sometimes a building may take some years to complete and there are durability aspects for the Building Consent Authority to consider prior to the grant of a code compliance certificate. Where buildings take an enormous amount of time to complete it is likely that a code compliance certificate would not be able to be issued or would be issued with an endorsement that the code compliance certificate does not cover durability issues. Under such circumstances any future owner is unable to have any comfort that the building will perform in the manner that it should. In circumstances where a building owner or builder refuses to comply with the plans and specifications and/or the New Zealand Building Code the options open to the Building Consent Authority are to refuse the grant of a code compliance certificate, issue a notice to fix and, probably, commence enforcement proceedings depending on any health, safety or structural issues of note.