Building work exempt from building consent

The Building Act 2004 Schedule 1 details the type of work that does not require a building consent. There is a guide "Building work that does not require a building consent" produced by MBIE to explain schedule 1 and provide examples.  The guide is available on the MBIE website.

No application is required for work that is exempt by Building Act 2004 Schedule 1, (except clause 2) but you can choose to notify Council so that your property file maintains a record of the work that has been done.

Please be aware you may still require a resource consent.

Fixed fee for Schedule 1 Applications

Schedule 1 Applications Fixed Fee (inc GST)

Part 1, 2 and 3 – no assessment by Territorial Authority, application placed on property file

$100

Part 1(2)(a) (b) – Requires Territorial Authority assessment and decision. Includes administration

$250

Schedule 1 (clauses 1 – 43, excluding clause 2)

A property owner can complete a TAM 001 - Notification of Exempt Work, if the work is exempt from Schedule 1 (clauses 1 - 43, excluding clause 2) council will lodge the notification on the property file upon receipt of the appropriate fee. 

Council staff do not assess the notification for accuracy - only completeness.

Schedule 1, clause 2

The Customer Services Officer will, on receipt of the appropriate fee, receive the application for exemption. 

Two Building Officers will consider the exemption and once their decision is made, you will receive a refusal or acceptance letter.

The letter is saved and referenced on the application.  The completed application is then placed on the property file.

Find the appropriate forms on the Consents forms and Guides A-Z page.

Territorial Authority discretionary exemptions

In addition to the exemptions listed in Schedule 1 of the Building Act 2004, Nelson City Council also allows the following work to be done under exemption.  See Schedule 1 of the Building Act 2004 for additional information.

Clause Current exemption under Schedule 1 of the Building Act 2004 Additional exemption allowed by Nelson City Council

3

Single-storey detached buildings not exceeding 10 square metres in floor area

Single-storey detached buildings not exceeding 15 square metres in floor area (subject to PIM)

4

Unoccupied detached buildings

Plant rooms including diesel generators and the like.

Any single storey plant rooms; must be designed and supervised by a Chartered Professional Engineer.

They must be external to any existing building and 5 metres from any property boundary or other existing building.  Applications for exemption are to be supported by construction documents.

Importance level 1, non-habitable building work on rural zoned land greater than 1 hectare, as long as it is 10 metres from a property boundary or other structure.  Applications for exemption are to be supported by construction documents.

5

Tents, marquees, and similar lightweight structures

Marquees erected for not more than 1 month.

Can be over 100 square metres but must be limited to 100 building occupants.

Must be its own height from another structure (or property boundary).

Applications for exemption are to be supported by construction documents.

15

Closing in existing veranda or patio

Residential conservatories of proprietary design which are external to the thermal envelope of the house.

Proprietary designed conservatories up to 15 square metres (resource consent may be required).

18

Carports

Freestanding carports are included.

Does not exceed 25 square metres in floor area.

Must be own height from boundary and open on at least two sides.

37

Replacement of open-vented water storage heater connected to supplementary heat exchanger

Adding open-vented solar collectors to an existing controlled water storage heater, which has provision for solar connection.

Applications for exemptions are to be supported by construction documents.