Building services

Section 101 of the Building Act provides that the Owner of the building for which a Compliance Schedule is required under section 100 must obtain a Compliance Schedule. Failing to do is an offence carrying a fine up to $20,000, and further $2000 for every day that the offence is continued.  Owners are responsible for knowing what Specified Systems are installed in their buildings and that these are listed correctly on their Compliance schedule.

Owners are responsible to ensure:

• Each of the Specified Systems are performing and will continue to perform to the performance standard.

• Provide Council with an annual BWOF on the anniversary of the BWOF renewal date on the Compliance Schedule, accompanied with a Form 12A from an IQP, for each Specified System and any recommendations of amendment to the Compliance Schedule.

• Compliance Schedule should be kept at the place stated on the schedule.

• The Compliance Schedule is available for inspection by any person or organisation with the right to inspect the building under the ACT.

• For the first 12 months after the Compliance Schedule is issued that the compliance statement is displayed in a public place within the building and after 12 months that the BWOF is displayed.

• To obtain annual written reports relating to the inspection, maintenance and reporting procedures of the Compliance Schedule.

• Annual reports, together with the Compliance Schedule are be kept for a period of 2 years and produce these reports when required.

Recommendation to owners

• Engage with an IQP from the Day that the Compliance Schedule is issued.

• Advise Council if the IQP will be your agent and if they are to receive all communication with the owner.

• Letters in lieu will not be accepted for SS1 /SS2 and all other systems will be agreed on by council on a case by case.

Email documents or contact us for further information at:

buildingWOF@qldc.govt.nz

We will be following the guidance issued by the Ministry for Business Innovation and Employment (MBIE) in relation to Building Warrant of Fitness and any unfulfilled inspection, maintenance and reporting (IMR) procedures as outlined below.  If there are no unfulfilled IMRs the owner should be able to supply a BWoF as normal. 

The Building Act 2004 (the Act) requires completion of all inspection, maintenance and reporting (IMR) procedures in the building’s compliance schedule for the previous 12 months, in order for a building warrant of fitness (BWoF) to be issued. Unfortunately, the Act does not provide any flexibility or exemptions to this requirement. This means for those buildings where IMR procedures have been missed, at the time the next BWoF is due, a valid BWoF will not be able to be supplied or displayed.

The following measure can provide reassurance that the specified systems are currently performing as required and provide information about the missed IMR procedures.

BWoF Report and Declaration (B-RaD)

When a BWoF is due, but cannot be supplied and displayed because IMR procedures were missed, the building owner should issue a BWoF Report and Declaration (B-RaD) which:

• states that this document has been issued in lieu of a BWoF

• states that the requirements of the compliance schedule were not complied with and that a BWoF cannot be supplied or displayed (because one or more IMR procedures were missed)

• lists the specified systems contained in the building where IMR procedures have been missed in the previous 12 months

• lists the specified systems contained in the building where IMR procedures have not been missed in the previous 12 months

• states the performance status of each of the specified systems.

When supplying the B-RaD to the territorial authority, the building owner should also attach:

• all form 12As for the specified systems where no IMR procedures have been missed

• a Specified System Report and Declaration (S-RaD) issued by an independent qualified person (IQP) for each specified system where IMR procedures were missed.

Specified System Report and Declaration (S-RaD)

Where IMR procedures have been missed, an individual report (S-RaD) for each affected specified system should be issued by an IQP which:

• states the specified system

• states that a Form 12A cannot be issued because one or more IMR procedures were missed

• lists the IMR procedures (as stated in the compliance schedule) that were missed in the previous 12 months and the reason the procedures were missed (eg, 1 IQP inspection due in April 2022 inspection was missed due to IQP illness and no available replacement)

• lists any measures put in place to ensure the procedure is not missed again in the future

• states that the specified system is/is not currently performing to the performance standard

• states whether the missed IMR procedures have materially affected the ability of the specified system to perform to the performance standard for that system

• gives a description of the status of the non-performing specified system (If applicable)

• lists the measures put in place (or will be) to ensure the system performs to the performance standard (If applicable).

The building owner should supply a B-RaD to the local council on the anniversary of the issue of the compliance schedule and publicly display a copy of the B-RaD in the building.

QLDC will review all submitted forms in a case-by-case situation and if required will follow the normal process in relation to issuing a Notice to Fix (NTF) if appropriate. 

The B-RaD and S-RaD forms can be accessed via the MBIE Website direct: MBIE missed inspection and maintenance procedures.

Failure to comply

Failure to follow these procedures may result in an owner not meeting their responsibilities under the Act causing an offence under BA section 108 and / or breaches of BA section 164.

The Building Act 2004 allows council to undertake auditing of building’s warrant of Fitness (BWOF). These audits are to ensure the Warrant of fitness is procedures are in place, the compliance schedule is accurate and that the building owner is fulfilling their obligations.

These Audits can take once a year or as appropriate according the complexity of the building. The audit will involve an onsite inspection of the building, and a review of the maintenance records of the specified systems on your compliance schedule.

Sections 100 to 108 of the Building act 2004 outlines the owners obligations to ensure that the compliance schedule is up to date, the inspection maintenance and reporting procedures are fully met and that the records are avail be to council on the audit inspection. These sections of the building act identity the consequences for the building owner should there be any non-compliant issues.

During an onsite Audit council will check the following:

• The current Warrant of fitness (Form 12)  is displayed in a public place

• The owner’s inspection manual is present with the compliance schedule and inspections of both owner and IQP are present.

• Evidence of 2 year’s worth of inspection from all previous and current IQPS are listed and checked as per the compliance schedule ie. Systems that are shown on the Compliance schedule as weekly is signed weekly. That the IQP Name and Number is displayed on the form they are signing.

The full content of our audit template can be viewed here: BWOF Inspection Template (PDF, 212KB)

The Auditor will then take a walk through the building to ensure that the compliance schedule is accurate, The officer will advise if there are additional systems that are not on the Compliance schedule and either a notice to fix or a Certificate of acceptance will be requested to add these to the compliance schedule.

Having your IQP/ Agent present in the Audit can assist in getting the information completed in a timeously manner 

Handy information to help with your BWOF:

All owners of pools that are not defined as ‘small heated pools’ are required to notify QLDC.

Legislation wording changed; the term 'fencing' has been replaced with 'barriers'.

This allows owners of above-ground small (less than 5m2) heated pools (i.e. spa pools), or spa pools, that meet other criteria, to use lockable lids as a 'barrier' to prevent access, when not in use.

For further guidance please see our Small Heated Pool Information Sheet (PDF, 147KB).

What is a safety cover?

It must:

• Restrict the entry of children when closed (i.e. held in place with straps fitted with lockable snap fasteners or metal padlocks.)

• Be able to withstand a reasonably foreseeable load (i.e. capable of supporting a vertical point load of 20kg.)

• Be able to be readily returned to the closed position.

• Must have signage indicating its child safety features  (i.e: signage that states ‘WARNING: This spa pool cover must be kept locked except when under adult supervision’ fixed on two opposite sides of the cover.)

In this legislation, even more responsibility for pool safety is put on the owner.

The responsibility depends on the type of pool and its location (e.g. home, rental, commercial).

Responsibilities sit with:

• The owner of the pool.

• The pool operator.

• The owner of the land the pool is on.

• The occupier of the property the pool is on.

• If the pool is available for hire, the person who is hiring the pool.

• If the pool is on premises that are not subject to a tenancy (under the Residential Tenancies Act 1986) but the pool is subject to a lease or is part of premises subject to a lease, the lessee of the pool or the premises.

All pool owners must notify QLDC of the existence of a pool on their property, so pool inspections can be coordinated. Please use this form: AF SPN Swimming Pool Notification.

A fee is charged for each inspection attendance. Please refer to our AF CALC document to view the up-to-date fee.

The Ministry of Business, Innovation and Employment has more guidance for pool owners.

All pools at a home or accommodation location (e.g. campground, hotel, motel, hostel) are required to have a barrier that restricts access and be inspected.

A ‘pool’ is classified as any structure or excavation normally used for swimming, paddling or bathing.

It includes any product, that is not a normal bath, which is designed or modified for swimming, wading, paddling or bathing. This does not include an artificial lake.

What is not a swimming pool?

Spa pools and hot tubs are designed for therapeutic or recreational use. These are referred to as 'small heated pools' in legislation. Fencing and inspection requirements may apply to your spa pool depending on its size, location and condition of safety cover

If a spa pool's water surface area is less than 5m2, and its sides are higher than 760mm above the adjacent floor or ground, with no climbable features within the 760mm radius and the walls of the pool inhibit climbing, then a lockable safety cover (with safety signage) may be deemed a suitable barrier.

If the spa pool does not meet any of these requirements then an alternative barrier, such as fencing will be required. This would also be subject to periodic inspection requirements.

For further guidance please see our Small Heated Pool Information Sheet (PDF, 147 KB).

To register your Small Heated Pool please complete the Small Heated Pool Statement (PDF, 306KB).

Every residential pool must be inspected every three years, within six months before or after the pool’s anniversary date.

QLDC notifies you when an inspection is pending (excluding when the inspection is required as a condition of a historical exemption issued under the now repealed ‘Fencing of Swimming pools Act 1987’.

Inspections are done by the local Territorial Authority (QLDC) or by an Independently Qualified Pool Inspector (IQPI) approved by the Ministry of Business, Innovation, and Employment (MBIE). The pool inspector public register is here.

If using an IQPI, they must submit to QLDC a Certificate of Periodic Inspection. If QLDC is not satisfied with the certificate, QLDC has 7 working days to notify MBIE giving reason(s) for not accepting the certificate. Both IQPI and Territorial Authorities charge for inspections.

The Council is required to notify the pool owner of an upcoming inspection regardless of who carries out the inspection and is required to hold the inspection records. The person carrying out the inspection has the authority to read the previous pool records prior to the inspection.

If the pool does not pass inspection, a Notice To Fix will be issued. The Owner will have to address the compliance issues within the timeframe stated in the notice. Failure to comply with a Notice To Fix results in an Infringement Notice and fine, and potential prosecution.

Owners must ensure all compliance requirements are met. If not, the pool may not be filled with water.

QLDC encourages pool owners to regularly check pool barriers and surrounding areas to ensure continued compliance and to promptly do safety maintenance.

NZ Building Code: F9 (Means of Restricting Access to Residential Pools).

Access barriers such as pool fencing, boundary fencing or the wall of a building must comply with Clause F9. Means can include:

• Acceptable Solutions F9/AS1 and F9/AS2
• An Alternative Solution.  Consult QLDC before making a Building Consent application. On this basis, choice consequences can be fully understood.

If the Territorial Authority (TA) is not satisfied a design satisfies compliance with F9, the TA may insist you apply for and pay for a MBIE determination.

The Building Code 2004 and Local Government Act 2002 required the protection of public water supply from cross contamination between potable (drinkable) and non-potable supplies.

Pools may require the installation of a backflow prevention device; the minimum requirement being an atmospheric vacuum breaker fitted to the hose tap used to fill the pool.

A Certificate of Acceptance is a document from the Council that states that it has reasonable grounds to believe that specified building work complies with the building code.

An application can be made if building work has taken place after 1 July 1992 and:

• An owner or previous owner carried out or arranged building work without consent (but a consent should have been obtained); or

• Where work has been carried out urgently in accordance with Section 42 of the Building Act 2004; or

• In circumstances where a private building consent authority is unable or refuses to issue a code compliance certificate.

The certificate may be qualified to identify parts that could not be inspected by the Council, in which case the Council's liability is limited to the extent that it was able to inspect. It may also exclude work that does not comply or where there is not enough evidence that it complies.

You should apply for a certificate of acceptance if the work meets the requirements above, and you have evidence that the work complies with the building code.

• If you are uncertain whether the work complies with the building code even after obtaining expert advice and reports, then it may still be possible to apply for a certificate of acceptance. These applications would normally take longer to process, be more expensive, and with a higher possibility of being refused.

• If you know the work does not comply with the building code then you would usually need to apply for a building consent to rectify that work. In some situations the rectification work may be exempt from building consent (see our guidance on exempt building work), however you should be careful not to cover in work that the Council will need to see before making a decision on compliance.

In some cases it may be more practical and cost effective to remove the work or building completely.

You will require both a building consent and a Certificate of Acceptance when:

• Some of the work complies and some does not. The Certificate of Acceptance will be for the compliant work, and the building consent for the rectification work.

• You have started work, and the work already done complies with the code. You will need the building consent to complete the work. No further work may proceed until the building consent is issued.

Before work is considered to be urgent there must be such an imminent danger to life, health or property that it is impracticable to obtain a building consent in advance. This is a high threshold that very little earthquake repair work meets.

The work that could be undertaken under this provision would only be the work necessary to remove the immediate problem, and not the completion of other work.

A further requirement for people undertaking urgent building work is for a Certificate of Acceptance application to be made as soon as practicable after completion of the urgent work.

A land information memorandum (LIM) will show the Certificate of Acceptance application and the decision made.  The application and outcome will be visible on QLDC information portal eDocs.

No, a Certificate of Acceptance cannot be issued where there was a valid building consent for the work. To obtain a code compliance certificate you will need to obtain evidence that the work complies, even though the Council has not seen it. 

To apply for a Certificate of Acceptance you will need the following:

• A completed application for Certificate of Acceptance (Form 8)

• Certificate of Acceptance application and processing checksheet (CS 8.4)

• A completed fees application (AF CALC)

• Plans and specifications that clearly show the work that has been undertaken. This may include photographs.

• Evidence that the work complies with the building code as it stands at the time of application (which may differ from the time the work was carried out). This is typically in the form of a report that considers all of the work undertaken and how it complies with relevant building code clauses. It is likely that you will need to engage the services of a suitably qualified and experienced person who understands the building code and the inspection of buildings (an example may be a member of the New Zealand Institute of Building Surveyors, an architect, or in some cases an engineer).

• Any other reports or statements from the people who carried out the work e.g.

• Producer statement construction (PS3)

• Producer statement construction Review (PS4)

• Electrical and gas certificates

Apply on line using our Community Portal.

Certificate of Acceptance are more complex and time consuming than a building consent, and are usually significantly more expensive than the equivalent building consent.

On application you will need to pay:

• The initial application fee: click here.

In addition to the deposit, if the application is made under Section 96(1) (a) of the Building Act 2004 the application must be accompanied by any fees, charges or levies that would have been payable had the owner, or the owner’s predecessor in title applied for a building consent before carrying out the building work. This includes any development contributions that may have been payable. These fees do not contribute towards any of the processing costs of the Certificate of Acceptance application.

Please note that the value of work that is submitted will be assessed to determine if is reasonable, and may impact on the fees that are payable.

Once the application has been processed and the Council is ready to issue or refuse the application, all of the costs associated with the application will be calculated and it is likely that a further invoice will need to be paid before the decision is released.

An application that is comprehensive, concise and clear will be faster for QLDC to process. That means it will be less expensive.

Applying for and obtaining a Certificate of Acceptance does not relieve you from any other penalties or actions that may apply for carrying out building work without building consent.

When the application is submitted it is briefly checked to see that adequate information has been supplied so it can be processed.

Council officers, or in some cases external consultants on behalf of the Council, will then carry out a desktop assessment, followed by an inspection of the work. We will consider all information that is available to us in order to decide whether we have reasonable grounds that the work complies with the building code.

At any stage during the process there may be communication with you to request clarifications or further information. The Council has 20 working days to process your application but the "clock" will be stopped until the Council receives all information requested.

The final decision will then be made on whether to issue or refuse to issue the Certificate of Acceptance.

Your certificate may include:

• Acceptance from the Council that some or all of the work complies with the building code;

• Acceptance from the Council that some or all of the work complies with the building code because we have reasonable grounds to believe this, but it may be qualified to say that we have not been able to inspect some or all of the work.

• Exclusion of items because there is not enough evidence to decide whether or not the work complies, but that we consider the building is unlikely to be dangerous or insanitary.

• Exclusion of items because we believe that some of the work does not comply with the building code. The Certificate of Acceptance will be issued to include only the work that we believe complies. We may also issue you with a notice to fix that will require you to rectify the non-compliant work.

Your certificate may be refused in the following circumstances:

• If we believe that the work does not comply with the building code, and the non-compliances are significant enough that it would be inappropriate to issue a certificate. The certificate will be issued along with a notice to fix that will require you to rectify the non-compliant work.

• If there is not enough evidence to determine that the work complies with the building code. If there are concerns about whether the building is safe or sanitary, then there may be further action taken by the Council.

The Council takes a reasonable approach in assessing an application, considering any inspections done by the Council and all other relevant evidence, including its knowledge of all circumstances surrounding the work and who undertook the work.

If you do not agree with the Council decision then you can apply to the Ministry of Business, Innovation and Employment for a determination. View further information on the determination process on the MBIE website.

The system for managing earthquake-prone buildings targets buildings and parts of buildings that pose the greatest risk to public safety or other property in a moderate earthquake event.

Find out more:  MBIE Guidance: Managing earthquake-prone buildings

Under the new system for managing earthquake-prone buildings, territorial authorities, engineers and building owners have key roles to play:

• Territorial Authorities identify potentially earthquake-prone buildings.

• Owners who are notified by their territorial authority must obtain engineering assessments of the building carried out by suitably qualified engineers.

• Territorial Authorities determine whether buildings are earthquake prone, assign ratings, issue notices and publish information about the buildings in a public register.

• Owners are required to display notices on their building and to remediate their building.

There are set timeframes, based on the seismic risk of the area you are in. Our district is located in a high risk zone - this means the timeframes for response actions in this district are reduced.

Territorial authorities (local councils) are required to identify potentially earthquake-prone buildings. The EPB methodology sets out how to do this.

Find out more about the methodology please visit:  Identifying potentially earthquake-prone buildings

To view the list of potentially earthquake-prone buildings in our district, please see below.

When a territorial authority identifies a building as potentially earthquake prone, the building owner is required to provide an engineering assessment for their building within 12 months from the date they are notified. The building owner can apply for one extension of up to 12 months in certain circumstances.

Find out more:  Assessing potentially earthquake-prone buildings

Territorial authorities determine whether or not a building or part is earthquake-prone. They normally make this decision after the building has been identified as potentially earthquake-prone and assessed by an engineer.

The following profile categories are used to identify potentially earthquake-prone buildings:

A key criteria for determining whether a building is earthquake prone is whether the building, or any element of it scores less than 34% when assessed against the National Building Standard (NBS).

Find out more:

• Information Sheet: Deciding if a building is earthquake prone

• Guidance: The methodology to identify earthquake-prone buildings

Priority buildings are certain types of buildings in high and medium seismic risk areas that are considered to present a higher risk because of their construction, type, use or location. They may be buildings that are considered to pose a higher risk to life safety or buildings that are critical to recovery in an emergency.

Priority buildings need to be identified and remediated within half the time allowed for other buildings in the same seismic risk areas.

Find out more:  Guidance for Priority Building

If a territorial authority determines that a building is earthquake-prone, it needs to:

• Assign an earthquake rating for that building,

• Issue an EPB notice to the owner to display prominently on the building, and

• Publish the building information on the EPB register.

There are two categories of ratings for earthquake-prone buildings prescribed in regulations. These categories determine which form of EPB notice is issued:

• 0% to less than 20%

• 20% to less than 34%

Earthquake ratings are disclosed on the EPB notices and owners must display these in a prominent place. EPB notices also contain the deadline for owners to take action, by either strengthening or demolishing the building.

The territorial authority must also update the public EPB register to make sure that the public can access up-to-date information on which buildings have been identified as earthquake prone and also see their earthquake rating.

Owners of earthquake-prone buildings who have received an EPB notice must take action within set time frames. The time frames depend on whether the building is a priority building. 

Owners can either strengthen their building so it is no longer earthquake-prone, or demolish it to remove the risk within the timeframe specified on the EPB notice. A structural engineer can provide advice on an approach that is suitable for the building.

Owners of certain heritage buildings that are determined to be earthquake-prone can apply to their territorial authority for more time – up to 10 years longer – to strengthen their buildings.

Owners of some earthquake-prone buildings may be eligible to apply for an exemption from the requirement to undertake the necessary seismic work to make their building no longer earthquake-prone.

Find out more:  Guidance: Owners of Earthquake-Prone Buildings

In 2018, we used MBIE methodology to identify potentially earthquake-prone buildings across our district. All buildings have now been assessed and are either classified as requiring no further action, or are on a central MBIE register.

A LIM will contain all or any of the following, as applicable:

• Official address, legal description, and unit/flat number.

• Special land features or characteristics including known hazards, for example potential for erosion, slippage, subsidence or flooding.

• Private and public stormwater and sewerage (wastewater) drains as shown in QLDC records.

• Rates information, for example annual rates payable and rates outstanding on the property.

• Planning information - any resource consents or requisitions affecting the land, and information on zonings and designations. Information relating to the use to which the land may be put and conditions attached to that use.

• Health information - any licences, registrations or requisitions, for example for food premises, health facilities.

• Subdivision and developments - any known developments.

• Building - any building consents/permits, code compliance certificates, existence of a swimming pool.

• Information given to QLDC about the land or buildings and/or site designations imposed by any statutory body, for example Historic Places Trust.

• Any other information that QLDC considers (at its discretion) to be relevant.

Please note that a LIM can only provide information that QLDC  has on its records.

QLDC may not have all the information required to make a sound decision about purchasing the property, therefore you should inspect the site and also get expert opinion on the property.

A LIM will not provide full details of building restrictions applying to a site. If you are intending to buy a property for a particular future development or use, check your proposal against the rules of the District Plan.

The Council cannot guarantee the accuracy of the information held on its files to match the property. It is important to realise that the LIM process does not involve any physical site inspection to compare accuracy of information, and it remains your responsibility to obtain appropriate independent professional advice.

Copies of Building Plans and Specifications are not included in the LIM. They are available for viewing on our online portal eDocs by searching the relevant application number. Please note the LIM report itself is not available here as it is a confidential document.

A LIM takes up to 10 working days to process.

Complete the application form fully and provide all required documentation.

Submit the completed application by email to:

liminformation@qldc.govt.nz

• Residential applications: $283.50
• Commercial applications: $428.50

A PIM report provides information known to QLDC which is relevant to your building proposal. A PIM report will detail what authorisations are required other than the building consent for the project you are proposing. You will receive information on what you need to do to get that authorisation and what effect they may have on the design. Typical authorisations include:

• Resource Consent if the proposal does not comply with the District Plan.

• Connections to council services (i.e. water, sewer, stormwater.)

• Food hygiene licences.

• Liquor licences.

• Historic Places Trust.

• Evacuation scheme for fire safety.

• Clean air requirements for fireplaces.

• Existing drainage for the site.

• Land information for the site that is known by Council, with an indication of what you should do about this. particularly relating to a range of Natural Hazards which may affect the property or building.

If any Planning or District Plan issues are identified, then these will be detailed on a "Certificate Attached to Project Information Memorandum".  This will be attached to the PIM and will detail what authorisation is required.  Please be aware that this certificate will not prevent the Building Consent from being processed or issued, but you are not able to begin work until this has been resolved.  Therefore, inspections cannot be booked until this is resolved. 

A PIM report may also identify that a Development Contribution Notice is required. A DCN is a financial charge levied on new developments. It is assessed and collected under the Local Government Act 2002. If a DCN is required then this must be paid before a Code Compliance Certificate (CCC) can be issued.

If a DCN is required then this will be attached to the PIM and your Building Consent.  

A PIM can be applied for through filling out the Form 2, also used for Building Consent applications:

• Form 2 Building Consent Application

Options are:

• Applying for a PIM only.

• Applying for a Building Consent and PIM.

• Applying for a Building Consent only.

Fees for PIM only applications are:

• Residential applications: $329.00

• Commercial applications: $556.50

The fee calculator for completion with Building Consent and PIM applications is here:

• AF CALC Building Services Fees And Calculator

Note: ensure floor areas of building work, and building work estimated values, match exactly on Form 2 and AF CALC. Building work values should be GST inclusive.

There is a statutory maximum timeframe of 20 working days for the processing of a PIM.  Once the PIM has been processed and issued, a copy will be sent via email to the first point of contact nominated on the Form 2.   

Delays associated with requesting further information (RFI) will result in the processing clock being stopped until the requested information has been received.

MBIE have defined that working day means a day of the week other than:

• Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Queen’s Birthday, Labour Day, and Waitangi Day.

• Note: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, then the following Monday is.

• Otago Anniversary Day.

• The period beginning on 20 December and ending on 10 January in the following year.

This is defined in Schedule 1 of the Building Act 2004. It is titled 'Building work for which building consent is not required'.

Common questions arise with bathroom renovations/refurbishment. Generally this building work is exempt. As it falls within exemptions under Sections 1, 12, 32, 34 and 35.

More guidance is on the MBIE Building website and in their detailed guidance document. It has examples of exempted and non-exempted work.

There are two types of building work here:

• Work automatically exempted under Schedule 1 of the Building Act 2004. MBIE provides detailed guidance here

• Work that QLDC can make a discretionary exemption, under Schedule 1, Exemption 2. More QLDC information and the application form can be found below.

It is the owner's responsibility to establish whether building work is exempted, and to make sure that decision is correct. It is not the responsibility of QLDC.

The owner is also responsible for making sure any exempt work complies with the Building Code and any other legislation. Hence the recommendation to seek professional advice. This could include the:

• Plumbers, Gasfitters and Drainlayers Act 2006.

• Electricity Act 1992.

• Resource Management Act 1991 - consult with QLDC Planning when it is a Heritage or Character building, or there may be an effect on neighbours.

• Fire and Emergency New Zealand Act 2017.

• Hazardous Substances and New Organisms Act 1996.

In limited circumstances, QLDC can decide if Building Consent is not required (aka discretionary exemption). It is under Schedule 1, Part 1, Exemption 2 of the Building Act 2004.

We have developed guidance criteria to assist owners with discretionary exemption. If a project fits one or more criteria, it strengthens the case for exemption, but it does not represent automatic approval and each request is judged on its own merits. It is QLDC's right to accept or refuse an application for discretionary exemption.

The guidance criteria for exemption are:

1. Building work with a value less than $30,000

2. The following building work which do not fully meet the m2 area limitations of Schedule 1 Part 1 exemptions, and/or the scope/complexity of work, indicates that a consent process is overly onerous. For example:

• Marquee & tents >100m2 floor area, to be used for not more than 1 month

• Closing in an existing veranda or patio >30m2

• New porch, veranda or awning >30m2

• Retrofitting/installing insulation in external walls

• Wet area showers on a concrete slab at ground level.

• Other (please specify)

3. Building work for ‘simple, low-risk structures’, typically non-habitable buildings or parts of buildings. For example:

• Farm Buildings 110sqm-220sqm

• Proprietary garage 30sqm- 60sqm

• Carport >40sqm

• Other (please specify)

4. Building work for more ‘complex’ projects where designed and supervised by chartered professional engineers, either for temporary or permanent structures, where the TA considers the inspection procedures adequately covered by the engineer. For example:

• Construction or removal of a retaining wall located in a residential zone

• Decks, platforms, bridges, boardwalks & similar where fall height >1.5m

• Statues

• Music stages/Lighting Towers

• Private wharf/jetty construction or repairs

Please use the form below and submit via our Community Portal.

Keep records will assist if selling your home in the future. Purchasers and agents are likely to have questions about building work done.

This form can be filled in: 

• AF EXOWN- Notification of Building Work- Owner Decided Exemption

Importantly this information is simply uploaded. It is not checked or assessed by QLDC.

The form, along with required supporting documentation, can be uploaded to QLDC's online property file for the address. This assists record keeping of compliance and may assist with future property sale.

Even if exempt, the owner may consider applying for a Building Consent and a Project Information Memorandum (PIM). These ensure legal requirements are identified and provides appropriate documentation on the property file, that completed work is compliant.