Thank you for your patience

People applying for building consents lately will have noticed some delays in getting them issued. We are proud of the way we have managed to provide a prompt, responsive service until quite recently as well as working on the changes required by the introduction of the new Building Act. This has meant the introduction of new, more comprehensive systems which should produce a better quality result, but these adjustments are taking more time than we would like. As a result, quite a few applications are now taking more than 20 working days to process.

We have recently appointed more staff, and expect to see the benefit of this by the New Year.

There have been delays in getting assessed for registration as a building consent authority – this is a nationwide requirement which is keeping everyone busy and we have to wait our turn. We know that your building project is very important to you, and we are trying to be fair to everyone by processing applications in the order received. If your application is complete and accurate in all respects, it will help us to process it as quickly as possible.

We look forward to giving you some better news in the New Year.

Best wishes from the Building Team at Kaipara.

Applying for a Building Consent

This booklet is produced to assist the applicant in lodging a full and complete application.

Remember:

Applications lodged with all relevant information and the correct fees are unlikely to be held up during processing. This prevents delays and frustrations and helps us to provide you with a streamlined process.

Pay special attention to any guidance notes and checklists that are provided with the application forms. These have been provided to assist you in lodging your application to ensure it is complete and meets the relevant legislation. Council is unable to accept applications if they do not meet minimum standards as required by legislation.
If you are requested to provide additional information during the processing of your application, please do so as soon as possible. Your application will be placed on hold until we receive the required information.

If planning to build, it can be a good idea to apply for your Project Information Memorandum (PIM) before lodging your building consent application. The PIM will give details of any issues in relation to positioning of your building and if there are any planning requirements or resource consents that need to be obtained. These matters can then be attended to, preventing delays at the building consent stage.

	Applying for a Building Consent Information Booklet (this document)	206kb
	Building Consent - Building & PIM Application Form	366kb

1.1

When is a building consent required?

A building consent is required for most work including:

• Swimming pools, spa pools and associated fencing
• Retaining walls over 1.5m (no surcharge)
• Retaining walls any height incurring a surcharge
• Decks over 1.0m high
• Free-standing non-habitable buildings larger than 10m2
• Plumbing and drainage work
• Demolition
• Relocation
• Additions, alterations to existing buildings
• New buildings
• Change of use
• Heating including fireplaces, solar heating systems, ventilation and air-conditioning systems.

For guidance or further information please call 0800 727 059 or 0800 100 388.

1.2

What is a building consent?

A building consent is the formal approval issued by a building consent authority that certain works meet the requirements of the New Zealand Building Act, Building Regulations and Building Code. You can not undertake any building work that requires a building consent without this approval.

1.3

How long does it take to get a building consent?

Building consent processing time depends on the complexity of your project and whether or not you have provided us with sufficient information. All building consents must be approved within 20 working days however if information is found to be lacking the time clock is stopped and not restarted until the information that has been requested, is provided.

It is possible that your building consent application involves several disciplines; it is therefore possible that the clock maybe stopped on more than one occasion. If your application is suspended for further information you will be contacted (by letter, email or telephone) requesting from you what information is required.

1.4

How do I apply for a building consent?

You need to complete an application and provide information relevant to your building project. Information is contained within an application pack which can be obtained from:

• our website www.kaipara.govt.nz
• collected from Council’s offices at 42 Hokianga Road, Dargaville or 1919 State Highway 1, Kaiwaka
• or call us and we will post you one out.

Once you have gathered all the necessary information you can either post in the application or bring it in personally to our office.

Regardless of whether you bring or post your application in, a Customer Services Representative will check your application to ensure all relevant information has been provided, note this is not a technical check but a check to ensure all necessary information has been provided. If all information has been provided your application together with payment is accepted and lodged and the 20 day clock is started. If your application is declined, you will be notified of the type of information that is required.

1.5

How long is my building consent valid for?

Building consents are valid for 12 months from the date of issue. If the project has been delayed, it may be possible to apply for an extension to this time. All building work should be completed within 2 years from the date that the building consent was issued.

1.6

What sort of information do I need?

Building consent applications can be complex therefore we recommend that you engage a professional person to help with the design work and drawings. Each application must be accompanied by:

• 3 sets of plans
• 2 sets of specifications
• 2 sets of engineering calculations (if applicable)
• 2 sets of wall bracing calculations (if applicable)
• E2 risk matrix (demonstrating weather tightness features)
• Fee

For more detailed information of what is required, see the Checklist/Design Review form contained within the Building Consent Application, or refer to the Department of Building and Housing website www.dbh.govt.nz ‘Guide to applying for a Building Consent.’

1.7

How much will it cost?

This depends on the type of application, cost of work involved and the level of detail provided. Our charges are based on the value and complexity of the project and include costs such as:

• Levies payable to the Department of Building and Housing (payable on all applications over $20,000)
• Levies payable to BRANZ (payable on all applications over $20,000)
• Administration Component
• Processing Component
• Inspections (type and number vary depending on application)
• Development contribution (if applicable)
• Certificate of Acceptance Fee (if applicable)

Please see a copy of our Fees and Charges for Building Control included in this booklet.

If you withdraw your application, depending on how far through the process your application has advanced, some fees will be withheld to cover costs and the balance will be refunded to you.

1.8

How do I lodge an application?

You can lodge your building consent in person or via the post. It is recommended that you lodge your application in person.

Your application will be formally accepted when Customer Services Staff have checked to see that you have provided all required information. However, if there is minor information outstanding, we will accept the application and it will immediately go on hold until the information is provided.

1.9

How is my application processed?

When fees are paid the application is then allocated to the Central Processing Unit within the building consent authority for processing.

Each area of your application will be assessed for compliance. If there are any questions or concerns a letter will be sent to you requesting further information / clarification. When a request for further information is sent (you will be contacted by email, telephone or letter) the 20-day time clock is suspended until this information is provided.

Once all disciplines involved in the process are satisfied of compliance a final check is made to ensure all work has been assessed correctly before the building consent is granted.

1.10

How will I be notified of the approval?

If your application has been approved your consent will be mailed to you or your agent, whoever you have indicated on your application form.

If your application has been declined a letter will be sent advising you why your application has been declined.

1.11

What are building consent conditions?

These are conditions imposed on your building consent which are deemed necessary to ensure compliance. For example all building consents are issued subject to the condition that officers of the building consent authority are entitled at all times, during normal working hours, or while work is being done, to inspect building work that is being carried out. Other conditions may be imposed when specialist inspections are necessary.

It is important that you read and understand all conditions of consent before commencing work. If you do not understand any condition imposed, please contact us to discuss.

1.12

What is a building consent authority?

Building consent authorities are regional or territorial authorities or private organisations registered under section 273 of the Building Act 2004, and responsible for performing building control functions under Part 2 of the Act.

1.13

When is a building consent not required?

Please refer below to an extract from the Building Act 2004, which lists any work that is exempt from obtaining a building consent:

Building Act 2004 2004 No 72 s 41(1)(b)
Schedule 1
Exempt building work

2.1

Do I need a project information memorandum?

Yes, all applications which require building consent also require a project information memorandum. This can be applied for separately or in combination with your building consent.

2.2

What is a project information memorandum?

A project information memorandum is a memorandum issued by the territorial authority (Council) which sets out information relevant to your building work.

Information on special land features including potential:

• erosion
• avulsion (removal of land by water action)
• falling debris
• subsidence
• slippage
• alluvium (the deposit of silt from flooding)
• the presence of hazardous contaminants which are likely to be relevant to the design, construction or alteration of your proposed building which are known to Council.

Details of stormwater or wastewater utility systems which relate to your proposed building work, or are adjacent to your building site.

A project information memorandum also identifies any additional approvals required such as:

• Resource Management Act
• New Zealand Historic Places Trust (heritage buildings / sites)
• New Zealand Fire Service Commission.

The memorandum also includes:

• the requirements of the building consent, and
• all other necessary authorisations being obtained, or

Important: A project information memorandum does not give any form of approval under the District Plan or Building Act. Contact the Planner, or your own planning adviser, to determine that your proposal complies with the District Plan. If it does not, and resource consent is required, you are strongly advised to obtain this before seeking building consent to avoid possible expensive changes to your proposal.

3.1

What inspections do I need?

When your application is processed, the building officer will determine what inspections are necessary. Each inspection will be identified along with the requirements for that particular inspection. A list of inspections will be attached to your building consent.

Please ensure you read inspection requirements and are familiar with them before commencing work.

3.2

How do I book an inspection?

You must provide the following information when booking an inspection:

• date and time the inspection is required
• building consent number
• property owners name
• site address
• type of inspection
• contact name and number of applicable contractor

Inspections should be booked by telephoning Council offices in Dargaville 0800 727 059 or Kaiwaka 0800 100 388. 24 hours notice is required.

3.3

How is the building work inspected?

An inspection is a process of ensuring that construction has occurred in terms of the building consent that has been issued. The inspector does not have discretion to allow deviation from the plans and specifications approved in the building consent.

For an inspection to take place, the Building Consent documentation, including the approved plans, must be available onsite. It is very important to call Council and let them know you are ready for an inspection, make the inspection booking, and that all inspections are carried out. If inspections are missed then the Council may not be able to issue a Code Compliance Certificate when the project is completed.

Sometimes it is necessary for specialists to conduct inspections in addition to the inspections carried out by the building consent authority. If a specialist inspection is necessary you will be advised before the consent is issued. Generally, these inspections are necessary to confirm ground stability or specific design by a registered engineer.

3.4

How do I know if the inspection has been passed?

On the conclusion of all inspections the outcome is recorded on the Field Advice Note sheets. One copy is left with the owner / contractor onsite and will state whether the inspection passed or failed and any action necessary to remedy the failure, and the next inspection that is required.

It is recommended that the owner or an agent be available on site for all inspections, although this is not essential. If the owner or agent is required to be on site, this will be identified in your inspection schedule, however for final inspections the owner or his representative must be on site.

3.5

What if the inspection has not been approved?

If the inspection has failed, you will need to rectify the work and re-book another inspection. If the work is not remedied to the satisfaction of the building officer, it is possible that a notice to fix will be issued.

3.6

What is a notice to fix?

A notice to fix is a formal notice issued by the building consent authority advising that certain works have not been carried out in accordance with the Building Code. If a notice to fix is issued you must address the issues identified within the prescribed timeframe to prevent further action being taken. Enforcement of notices to fix is undertaken by the territorial authority. If a notice to fix is issued, documentation identifying the process will accompany it explaining the process.

3.7

Do I need a final inspection?

Yes, all building consents require a final inspection. Your work should be completed within 2 years of the date that the building consent was issued. If you can not complete the work within this timeframe it is essential that you contact us to discuss possible ramifications. When all work has been completed in accordance with the building consent a code compliance certificate will be issued.

4.1

What is a Code Compliance Certificate?

A Code Compliance Certificate is issued when a building project is finished and the Council is satisfied that the building work under the Building Consent complies with:

• the New Zealand Building Code at the time of issue of the Building Consent (for consents issued prior to 31 March 2005).
• the Building Consent, for consents issued from 31 March 2005.

A Code Compliance Certificate is the final approval that all works undertaken comply, as above. You must apply for a code compliance certificate after all work has been completed.
Whether or not Code Compliance Certificates have been issued will be recorded on your General Property Information file and in any land information memorandum (LIM) so it is extremely important that a Code Compliance Certificate is obtained without delay upon completion of the project. Lack of a Code Compliance Certificate may impact on your ability to sell the building. Therefore, this is an important document and should be retained for future reference.

A Code Compliance Certificate cannot be issued for work carried out without a Building Consent, however you may be able to obtain a Certificate of Acceptance.

4.2

What is a Certificate of Acceptance?

As explained above, Building Consents cannot be issued retrospectively. The Building Act provides for a Certificate of Acceptance to be applied in situations where:

• work has been done as a matter of urgency,
• work that needed a Building Consent has been undertaken without one,
• Council can no longer complete the Building Consent process.
• Where building work which started or was granted consent before 31 March 2005 affects public premises.

The Certificate of Acceptance is a statement from Council that it believes that the building work, insofar as it can be inspected, complies with the Building Code. There are additional costs and fees involved with obtaining a Certificate of Acceptance. Please contact council for further information.

Section 364 of the Building Act 2004 introduces important consumer protection measures covering the sale of household units by residential property developers or ‘spec’ builders.

It is an offence for a residential property developer to complete the sale, or allow a purchaser to take possession of, a household unit before a code compliance certificate has been issued.

Effectively, this makes it the developer’s responsibility to fix any faults before sale. A person who commits an offence under section 364 is liable to a fine of up to $200,000. This fine applies to each household unit sold without a code compliance certificate. So, if a development included five units and each unit was sold without a code compliance certificate, the developer is liable for a fine of up to $1 million.

Note: This legislation does not apply to contracts for sale and purchase entered into before 30 November 2004.

What is the reason for this?

People buying a residential property from a developer have a right to expect it to be completed and to comply with the Building Code. The onus for making sure a building complies with the Building Code is on developers – they have the control of the building process.

What is meant by a ‘household unit’?

A household unit is a building or group of buildings intended to be used mainly for residential purposes and by one household (e.g., house, apartment or flat). It does not include a hostel or boarding house.

What does ‘complete the sale’ mean?

‘Complete the sale’ means accepting final payment and transferring the title. You can accept progress payments for the job.

How is ‘residential property developer’ defined?

A residential property developer includes any person who, in trade, builds or arranges to build a household unit for the purpose of selling it. This could include large developers, or builders or individuals building homes on ‘spec’. It also includes a person who, in trade, buys a household unit from a builder or developer with the intention of selling it on.

Can you contract out of this requirement?

The developer and purchaser may contract out of this provision but only on a form prescribed under the Building (Forms) Regulations 2004. This form (Form 1) makes the consequences of buying a property without a code compliance certificate clear to consumers. It also advises consumers to obtain independent legal advice before signing. Copies of Form 1 are available from the Department of Building and Housing’s website www.dbh.govt.nz.

The Department of Building and Housing is the government department responsible for administering the Building Act 2004.

7.1

Section 363 public premises

If your building is open to the public, whether for free or payment of a charge, the building can not be used / occupied until a code compliance certificate is issued. This is because public premises will generally have systems within the building which contribute to life safety and well-being of the building user. (These systems are called specified systems).

In certain circumstances it may be possible to apply for a certificate for public use, which will allow a building to be used before the code compliance certificate is granted. Each application will be considered on a case-by-case basis.

7.2

What are public premises?

Any building which is open to the public whether for free or payment of a charge, including:

• shopping malls, cafés, restaurants and hotels
• cinemas
• maraes
• camping grounds
• garages and workshops
• funeral homes
• office / retail complexes
• rest homes, etc

7.3

What is a compliance schedule?

A compliance schedule is a document issued by the building consent authority for buildings that contain specified systems. Specified systems include:

• automatic systems for fire suppression
• automatic or manual emergency warning systems for fire or other dangers
• electromagnetic or automatic doors or windows
• emergency lighting systems
• escape route pressurisation systems
• riser mains for use by fire services
• automatic back-flow preventers connected to a potable water supply
• lifts, escalators, travelators, or other systems for moving people or goods within buildings
• mechanical ventilation or air conditioning systems
• building maintenance units providing access to exterior and interior walls of buildings
• laboratory fume cupboards
• audio loops or other assistive listening systems
• smoke control systems
• emergency power systems for, or signs relating to, a system or feature specified for any of the above

Important: From 31 March 2008, a single household unit will require a compliance schedule, if it contains a cable car or is serviced by a cable car.

A compliance schedule lists the systems and features, including the inspection, maintenance and reporting procedures needed to keep them in good working order. A compliance schedule must be kept on site and made available to building officers, Independent Qualified Persons (IQP’s), Licensed Building Practitioners (LBP) and authorised agents.

7.4

What is a compliance schedule statement?
A compliance schedule statement is issued by the building consent authority and serves as temporary notification of compliance schedule requirements, it will list the inspection, maintenance and reporting procedures necessary to keep the specified systems in good working order. It is issued at the same time as the code compliance certificate. It must be replaced in 12 months with a building warrant of fitness, which is issued by the building owner.

7.5

How do I obtain a compliance schedule?

A compliance schedule must be applied for at the same time a building consent application is made and will be issued with a code compliance certificate by the building consent authority for:

• new buildings (if the building has one or more specified systems), or
• an upgrade to an existing building or systems, required as a result of a change of use or alterations, which may also require a building consent.

7.6

How do I obtain a compliance schedule?

Your architect / designer should provide you with information relating to the performance standards for each specified system contained within the building. The performance standards will identify the inspection, maintenance and reporting procedures required for each system.

7.7

Can I be prosecuted for not obtaining a compliance schedule or if my building warrant of fitness has expired?

Yes, depending on the alleged offence the fine ranges from $20,000 to a maximum of $200,000.

7.8

What is a building warrant of fitness? (BWOF)

A building warrant of fitness (Form 12) is a statement issued by the building owner to Council stating that the requirements of the compliance schedule have been fully met.
The building warrant of fitness must have attached to it all certificates of compliance issued by the Independent Qualified Persons (IQP) or Licensed Building Practitioner (LBP). These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures stated in the compliance schedule, have been fully complied with during the previous 12 months.
The BWOF must be re-issued to Council on the anniversary of the issue of the compliance schedule (every 12 months) for the life of the building.

7.9

What documents should I keep regarding the Building Warrant of Fitness?

You are legally required to obtain written reports relating to the inspection, maintenance and reporting procedures of the compliance schedule which must be signed by the Independent Qualified Persons (IQP) or Licensed Building Practitioner (LBP) who has carried out any of the listed procedures, (inspection, maintenance or reporting).

You are required to keep all reports together with the compliance schedule for a period of 2 years and produce those reports for inspection when required.

7.10

What is an IQP (Independent Qualified Person) / LBP (Licensed Building Practitioner)?

An Independent Qualified Persons (IQP) or Licensed Building Practitioner (LBP) is a tradesperson who is qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system.

All Independent Qualified Persons (IQP) are required to be registered with Council.
The Licensed Building Practitioner programme will begin in November 2009. Approval and registration of Licensed Building Practitioner’s will be maintained by the Department of Building and Housing.

A register will be maintained in accordance with the Act to help the public:

• determine if a person is qualified
• choose an appropriate Licensed Building Practitioner, and
• identify which Licensed Building Practitioner’s have been disciplined within the last three years.

Where the PIM is applied for as part of a Building Consent

Where the PIM is not part of the Building Consent

Where the PIM is applied for as part of a Building Consent