Building Consents 

Overview

Building Consent Process Information and Brochures

Papakura District Council has produced a series of documents providing information about the new system and its role.

Non Consented Building Works

Planning (Resource Consent) Approval

Building Infringement Offences

Building Consent and related information sources

Complaints

Overview

The Building Act 2004 governs all building work in New Zealand. This includes the construction of new homes and buildings, and also the alteration, demolition and maintenance of existing buildings. Most building projects require a Building Consent before construction can begin, plus inspections throughout the construction process to ensure that the actual building meets the requirements of the Act.

The Building Act 2004 has four broad goals:

• people can use buildings safely and without endangering their health

• buildings have attributes that contribute to the health, physical independence, and wellbeing of the people who use them

• people who use a building can escape from the building if it is on fire

• buildings are designed, constructed and able to be used in ways that promote sustainable development.

The Act introduced significant changes to the way the building industry is controlled, primarily in response to the “leaky home” crisis. The Act aims to provide better control of building design and construction practices. That means:

• more clarity on the standards we expect buildings to meet

• more guidance on how those standards can be met

• more certainty that the people undertaking building design, construction and inspection are technically competent to do that work

• closer scrutiny during the consenting and inspection process

• better protection for homeowners through the introduction of mandatory warranties.

Building Consent Process Information and Brochures

Papakura District Council has produced a series of documents providing a full range of information on the building consent process and what the new Building consent Authority system means for you. Note: the following documents are in PDF format. You will need Adobe Acrobat Reader installed on your computer to view these documents. If you do not have a copy installed, you can download it here.

Building Consents - Information for Applicants

Compliance Schedules and Building Warrants of Fitness

Certificate for Public Use

Non-Consented Building Works

Application Forms

Information Brochures

Non-consented Building Works

Certificates of Acceptance

Council cannot issue retrospective building consents for work that has already been completed: 

• For building work carried out after 1 July 1992

• For building work carried out before 1 July 1992

Building work carried out after 1 July 1992

Certificates of acceptance were introduced as a result of the Building Act 2004.  A certificate of acceptance may be issued for building work that has been done without a building consent or in special circumstances when a code compliance certificate (CCC) cannot be issued.  For example: 

• Urgent work required to protect lives, property and that there was no time to obtain a consent.

• Private Building Consent Authority or a former private certifier that issued the consent is unable or refuses to issue a CCC.

An application form is available here, or from the Sir Edmund Hillary Library or from Council’s office during normal working hours.  The application form, along with all the information including plans, specifications and appropriate reports must be received and the project reviewed by the Building and Planning personnel.  At this point further information may be required to ensure processing is completed.

If the plans are accepted for the structure, thus meeting all the requirements for building and planning in whole or part, a certificate of acceptance may be issued.

Council may choose to certify an entire structure or only a portion of the structure that meets the Building Code.

Guidelines

• Fees payable are as per Council’s Fees and Charges Schedule are available here

• If extra costs are incurred when processing an application, these costs will be passed on to the applicant.

• Council must, within 20 working days after receiving an application for a certificate of acceptance, grant the application or refuse the application.  The Territorial Authority may within the prescribed period require further information.  If it does, the period is suspended until it receives the information.

Building work carried out before 1 July 1992

People with building work identified as having been completed prior to 1 July 1992 without the necessary consents will need to employ a private building consultant to prepare a Safe and Sanitary Report on the un-consented building work.

The report will need to cover the structural integrity of the building, along with reporting on the following:

• That the building work is considered safe;

• That the building work is sanitary, eg

-         Positioned or constructed in such a way as to be a health risk or offensive.

-         Building allows ingress of water causing dampness.

-         Building has adequate water supplies for the intended use.

Council will review the report and if accepted will place a copy on the property file along with sending a letter to the applicant acknowledging that the report has been accepted.  This information will be shown on any subsequent Land Information Memoranda.

The report could identify work that will require remedial work and that it may be necessary to apply for a building consent for this work. Fees for safe and sanitary reports are available here

Planning (Resource Consent) Approval

Resolving the building issue for unauthorised work is one aspect.  If the work does not meet planning requirements you will need to:

1.         Apply for a retrospective resource consent; or

2.         Remove the infringing works.

Contact the Papakura District Council and ask for the Duty Planner who will be able to assist you in dealing with these issues. 

Building Infringement Offences

On 17 December 2007, the government issued the Building (Infringement Offences, Fees and Forms) Regulations 2007. These Regulations took effect on 1 July 2008. 

The Regulations list acts or events that will be considered Building Infringement Offences and the fees that will be charged against each offence. The enforcement authorities for the new Regulations are Territorial Authorities, for offences relating to buildings, and Regional Authorities, for offences relating to dams. 

Papakura District Council has authority to enforce the regulations as they relate to buildings.  Where an infringement is alleged to have occurred, the Council’s Building Officers are authorised to issue a Building Infringement Notice. 

The Infringement Notice describes the nature of the offence and specifies the fee payable to the Council for the offence.  Fees must be paid within 28 days after the Infringement Notice has been served.   If the fee is not paid by the due date, a Reminder Notice will be sent.  If the fee remains outstanding, the Council may decide to bring court proceedings.

Enforcement of Infringement Notices comes under the Summary Proceedings Act 1957.  This Act sets out the rights of persons alleged to have committed an Infringement.  A Summary of Rights is provided with each Infringement Notice.  This Summary outlines possible defences and further action.  Persons receiving Infringement Notices may also wish to consult a lawyer.

The following table lists acts or events that will be considered Building Infringement Offences:

For further information on these Regulations and their application, please contact the Council’s Building Consent Authority on 09-295 1350.

Building Consent and related Information Sources

The Department of Building and Housing on their website http://www.dbh.govt.nz/ provides an extensive range of guideline documents.

The joint Consumer Institute and Department of Building and Housing website http://www.consumerbuild.org.nz/ has an extensive range of consumer information on the Building Act, house maintenance, buying and selling houses/apartments.

Building Research Association New Zealand www.branz.co.nz.

Complaints

If you have a complaint about your building consent or how it was processed, please complete the Feedback form and send it to the Director Regulatory Services.

Each complaint will be investigated and you will be kept informed during the process and notified of the outcome.

If you are unsatisfied with the outcome and reasons, you have the opportunity for the matter to be referred to the Chief Executive Officer for a review.  For more details on this process, refer to the Complaints and Feedback Brochure.