Building consent FAQs

• How do I obtain a Record of Title?
• Can a building consent be issued prior to a resource consent?
• Do I need a building consent to build a deck on my property?
• How do I obtain an unauthorised building works report?
• What is a determination and how do I apply for one?
• How do I make a complaint to the BCA?

How do I obtain a Record of Title?

Nelson City Council do not hold a license to supply Records of Title. This information can be obtained from Land Information NZ Online.

Can a building consent be issued prior to a resource consent?

A building consent may be issued prior to the approval of a resource consent, however this will usually be subject to an attached section 37 certificate, restricting the commencement of the work until the resource consent has been granted.

Do I need a building consent to build a deck on my property?

A building consent is required for a deck where the fall height is more than 1.5m above the ground.  The deck must be constructed in accordance with the Building Code and details such as the structure, balustrade and planning requirements will be checked.

If you are planning the use of an alternative solution (e.g. shade cloth) as a balustrade, you will need to talk to a Building Officer about alternative solutions to the Building Code and there are various requirements which must be checked.

How do I obtain an unauthorised building works report?

Council do not endorse or recommend any specific suitably qualified Building Consultants. However, suitably qualified consultants are required to have significant knowledge of building construction details and defects. They must be experienced in the key areas of building specifically around weather tightness and structure. They must also be able to undertake invasive testing.

Reports should ideally be produced by suitably experienced building consultants, building surveyors with professional qualifications and memberships such as the RICS (Royal Institution of Chartered Surveyors) or NZIBS (NZ Institute of Building Surveyors).  Submit the report with the Unauthorised buildings works notification form.

If the Unauthorised Building Works Report shows the building work is not okay, you may need to apply for a building consent to undertake remedial works to rectify the problem. In the first instance talk to the consultant who prepared the Unauthorised Building Work Report to find out the best way forward.

When Council receives an Unauthorised Building Works Report it is placed on the Nelson City Council property file on a no liability "information only", basis and may be reproduced in any further LIM or property enquiry.

What is a determination and how do I apply for one?

A determination is a legally binding ruling made by the Ministry of Business, Innovation and Employment (MBIE) about matters of doubt or dispute to do with building work. They are not for civil disputes or disputes about workmanship. For more information, please visit building.govt.nz.

What is your complaints process?

Please visit the complaints page.