FAQs - Processing

How is my building consent application processed?

All applications are entered into our processing system and allocated a unique identifier (your building consent number) prior to being vetted for completeness in accordance with section 45 of the Building Act. Upon receipt of all required information (including deposit fee) your application passes vetting and the 20 working day time clock is started.

The application is then allocated and circulated to the various disciplines within Council for processing, i.e. planning, engineering, building, water, drainage, etc.

Each discipline will review your application and assess it for compliance. If there are any questions or concerns a letter will be sent to you requesting further information or clarification.

When a request for further information is sent the 20 working day time clock is stopped and processing is suspended until all requested information is provided.

Once all disciplines are satisfied that compliance is achieved, then a final check is made to ensure all work has been assessed correctly. If satisfied, the time clock is restarted. The building consent document is then produced (this document contains any conditions and inspections applicable to the project). Once issued the time clock is stopped.

You will be notified of any outstanding fees at that point. When these are paid the building consent will be granted.

If we consider that the building consent cannot be granted we are required to refuse to issue consent. This does not alleviate the requirement to pay any outstanding building consent fees.

Unfortunately; having a building consent does not necessarily mean that construction may start. In some cases other permissions (like resource consent) may first need to be obtained. Such conditions will be notified on your building consent.

How can I check that the agent has responded to the Request for Further Information (RFI)?

You can check online via the front portal where the application was made (if the agent has given you access), contact your agent directly, or alternatively contact us on 07 885 0755.

My building consent has been in for 20 days why has it not been issued?

Your Building Consent may be on hold for further information which means the processing (clock) stops from the time the Request for Further Information is sent. When all of the information is received the processing recommences.

How will I be notified that my building consent is granted and/or refused?

When your application is ready for granting (or refused) all fees need to be paid. Your building consent will be emailed to the person who made application via the online portal.

If there are outstanding fees then you will receive an invoice advising you that your building consent is issued and may be granted when all fees are paid.

If your application has been refused then you will be formally advised with reasoning for this.

What does the granting of building consent mean?

Once we are satisfied that the documentation demonstrates compliance with the building code, we will grant the application. The date your building consent is granted is the date your building consent was approved pending payment of all fees due by you. You will be notified of any fees that are outstanding.

The granting of a building consent is conditional on you enabling the building work to be inspected.

When is a building consent issued?

When all fees are paid and Council is satisfied on reasonable grounds that your planned project complies with the building code, your building consent will be issued.

Once your building consent is issued, make sure you read the full documentation carefully. In some circumstances, having a building consent issued to you does not necessarily mean that construction can start. Other legislation has a role to play too and you may have to wait for other authorisations such as a resource consent. These conditions will be listed on a certificate attached to your building consent (section 37 of the Building Act).

Conditions may be applied to a consent if the building work has a specified intended life, or your consent is granted but there are other rules that must be adhered to - e.g. 224 Subdivision approval, discharge to air land or sea.

Can I start building before the building consent is issued?

You must wait until the consent has been issued, and granted (ie. upon payment of all associated fees), before you can proceed with the consented building work.

What are building consent conditions and/or advice notes?

There may be conditions and/or advice notes/endorsements imposed on your building consent which are deemed necessary to ensure compliance.

It is important that you read and understand all conditions and/or advice notes/endorsements before commencing work. If you do not understand any condition and/or advice note then please contact us to discuss these.

Can I change construction details after my building consent is issued?

Yes, please contact us on 07 880755 to discuss whether you need to apply for an amendment to a building consent or a variation for minor changes.

If an amendment is required you can apply on Alpha One if the original consent application was submitted online. Alternatively you can complete an complete the building consent amendment form.

What inspections do I need?

During processing of the building consent application we will determine what inspections will be necessary to enable us to be satisfied on reasonable grounds that compliance will be achieved. Each inspection will be identified along with the requirements for that particular inspection. A list of inspections will be attached to your building consent.

Inspections by Others

Sometimes it is necessary for specialists to conduct inspections or 'construction monitoring' in addition to the inspections carried out by Council. If a specialist inspection is necessary you will generally be advised before the consent is granted. Typically these types of inspections may involve having a geotechnical engineer confirm ground stability, or having an aspect of specific structural design checked by a registered engineer.

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

How do I apply for a code compliance certificate (CCC)?

The most efficient method to apply for your Code Compliance Certificate is online via AlphaOne. If your consent was submitted prior to July 2018 you can apply in hard copy on the Application for Code Compliance Certificate (Form 6) and bring it into Council, or provide to the inspector onsite at final inspection.

If you lodged the original building consent online you will automatically have access to the job to lodge the CCC. If you are a registered user you can log in to AlphaOne and click on "view existing applications". Find the relevant consent and click on the "Action" button, then select "Apply for CCC".

Where you are a contractor responsible for the build and applying for the CCC you can phone us with the building consent number and request access to the job to enable you to complete the CCC Application online.

We encourage CCC applications to be made prior to the final inspection being booked. Please also ensure you provide only one copy, for example, if you completed a hard copy form you do not need to provide a copy to the inspector also.

What is an exemption?

New Zealand's building legislation recognises that a number of things we do which are considered "building work" are low risk so do not require a building consent (i.e. does not affect the building's structure or fire safety, and will not pose a risk to the safety of the public).

The Building Act provides for this through:

• Section 41 - which exempts certain types of work from requiring a building consent (including types of work listed in Schedule 1)
• Section 42A - which imposes some general conditions and limits on the Schedule 1 exemptions, including who can carry out the work
• Schedule 1 - which lists a range of possible exemptions and describes when these could apply

MBIE have a guidance document available that provides further clarification on building work that does not require a building consent .

All building work, whether or not it requires a building consent, must still comply with the Building Code (under Section 17 of the Building Act). Therefore you should still consider employing a trades person for part or all of your building work.

Do I need a geotechnical report?

All new residential and commercial projects and large alterations to these buildings will require a geotechnical report. Please contact us if you are unsure.

Does my application need to be reviewed by Fire and Emergency New Zealand design review unit?

Under Section 46 of the Building Act 2004 the BCA is required to send certain applications to Fire and Emergency New Zealand (FENZ) Design Review Unit (DRU) for review under the Fire Service Act. Where this occurs the DRU have 10 working days in which to provide their feedback/memorandum to the BCA.

The memorandum issued by the DRU will set out their advice in regard to provisions for means of escape from fire and the needs of persons who are authorised by law to enter the building to undertake fire-fighting.

Types of applications that are required to be sent are detailed here.

What is restricted building work?

Restricted Building Work (RBW) is design and building work that can only be carried out or supervised by a Licensed Building Practitioner (LBP) due to it being critical to the integrity of a residential building. In the context of RBW, design work is the preparation of drawings, specifications or other documents for the purposes of Consent. Registered Architects and Chartered Professional Engineers are automatically treated as LBPs licensed in the design class and can therefore also carry out, supervise or design RBW.

Construction and alteration work is only RBW where that work falls within the scope of work of the seven licensing classes as described in Schedule 1 of the Licensed Building Practitioners Rules 2007.

It is the responsibility of the 'design LBPs' including registered architects or chartered professional engineers, to ensure their Memoranda (Certificates of Design Work) covers all work they have designed. It is the responsibility of the owner to include all Memoranda (Certificates of Design Work) that collectively cover all the RBW in the consent application.

Building work that is RBW can only be carried out or supervised by a person licensed in the relevant trade class. For example, a person licensed in the carpentry class may also carry out or supervise: the construction of concrete foundation and/or pile foundations and/or the installation of lightweight profiled metal roofing.

To find an LBP, search the LBP Register here.

What is a Licensed Building Practioner (LBP)?

The Licensed Building Practitioner programme began in November 2009. Approval and registration of Licensed building Practitioners is maintained by the Ministry of Business, Innovation & Employment (MBIE).

Restricted Building Work must be carried out by an LBP. These are designers, builders, roofers, bricklayers, carpenters, external plasterers and foundations specialists who have been assessed as competent to carry out this very important work. You can check whether the people you are thinking about using are licensed by checking out the Public Register.

What is an owner-builder exemption?

What is this exemption about?

The exemption provides owner-builders or Do-It-Yourself builders (DIY) a regime where they can undertake restricted building work on their own homes, or use a friend or family member to either assist, or undertake the works on their behalf.

Council also provides an administrative process for notifying the public that an owner-builder has undertaken the building works, which is subject to the owner-builder exemption.

If an owner-builder claims an exemption under the LBP scheme, the statutory declaration must be held on the Land Information Register so that future owners are made aware that the design or construction of the dwelling has been undertaken by an owner-builder.

This satisfies Council's obligations in respect of maintaining records under the Building Act.

If an owner-builder holds a licence for the restricted building work (RBW), they will not be considered for an exemption. The owner-builder exemption is specifically tailored to apply to a DIY; or for an exemption for RBW where the owner-builder proposes to carry out works that they are not licensed to carry out.

The owner-builder exemption will not cover works such as electrical, gas or plumbing and drainage unless the owner-builder holds appropriate licences for this work.

What is an owner-builder?

You are an owner-builder if you:

• Have a relevant interest in the land or the building on which the restricted building work is carried out (i.e. ownership)
• Live in or are going to live in the home (includes a bach or holiday home)
• Carry out restricted building work to your own home yourself, or with the help of your unpaid friends and family members, and
• Have not, under the owner-builder exemption, carried out restricted building work to any other home within the previous three years

You are an owner-builder if you either own (themselves or jointly with another person) or have a beneficial legal interest in the land and/or house the building work is being done on. A legal interest includes being a beneficiary of a trust, shareholder of a company, co-owner of Māori land, or having possession of a long-term lease.

To meet the criteria, you must also genuinely intend to occupy (or already occupy) the house and not be building (or altering) it only to sell it or rent it to someone else.

However, occupation does not need be permanent or exclusive, it is sufficient for you to reside on an intermittent basis such as a holiday home. Intention can be difficult to prove, however this element is important to ensure that only genuine owner-builders are able to claim the exemption.

If you wish to undertake RBW on a subsequent property, you may only do so once three years has passed since the completion of the RBW on the previous property.

This is to ensure that unlicensed builders cannot avoid registration, and undertake RBW by using the exemption scheme.

An owner-builder can do RBW on the same property as often as they like (e.g. gradually doing alterations to a home periodically over a number of years). However, they can only do restricted building work on a subsequent property after three years has passed since the completion of RBW the previous property.

What is restricted building work (RBW)?

RBW is work which is critical to the integrity of a building. It is work that relates to the structural soundness and weather-tightness of a building, and can only be carried out or supervised by Licensed Building Practitioners (LBPs).

Practitioners who usually carry out RBW include:

• Designers and engineers
• Carpenters
• Foundation specialists
• Roofers
• Brick and block layers
• External plasterers

The RBW regime identifies all of the LBP's who are accountable for each part of the work. It also helps to provide assurance to the owner that the building has been built to a satisfactory standard.

Can an owner-builder design and build their home when restricted building work is involved?

Yes, but the owner-builder must meet all statutory requirements; for example, the standard of the building work must be to the same level as if it was carried out by an LBP.

If you are a suitably skilled owner-builder, and meet the criteria of owner-builder, you may be able to carry out RBW. However, if you have any doubts about whether you are suitably skilled or qualified to carry out the design or construction works, Council strongly advises that you only engage an LBP to do this work.

If you are considering undertaking the works yourself, you will need to meet a certain level of building knowledge. You can check and compare your skills by referring to the following documents:

• competencies required of an LBP
• requirements of the Building Code Compliance Documents

What about work that does not need a building consent?

Generally, you do not need a building consent if proposed building works are exempt under Schedule 1 of the Act. You do not need to be an LBP if a building consent is not required. This means that you can effectively carry out the works yourself. Despite this, the work must still meet the requirements of the Building Act 2004 and the Building Code.

You should always discuss your project with Council's building officers before undertaking any building works - even if you think that the proposed works are exempt in accordance with Schedule 1 of the Act. If you have any doubts, please refer to our guidance on exempt building work.

How do I apply for an owner-builder exemption?

An application for building consent requires you to declare the LBPs engaged for the design and construction work.

This is no different for an owner-builder. However, instead of getting certificates from your designers and contractors, you will have to provide Council with a statutory declaration detailing the RBW that you intend to undertake.

The statutory declaration form is available to download from Building Performance.

This document requires a degree of building knowledge in order to fill it out correctly; it is also a legally binding declaration that must be witnessed by a person that is able to witness such documents, such as a Justice of the Peace, or a solicitor.

The statutory declaration will be kept on the property file at Council, and it will be publicly available to any person who wants to look at the file.

It is an offence under both the Crimes Act 1961 and s.369 of the Building Act 2004 to give false information in a statutory declaration, so all of the information contained in the statutory declaration must be true and correct to the best of your knowledge.

Can an owner-builder do the design work?

Yes, but you are then responsible for ensuring that the designs and specifications comply with the requirements of the Building Act 2004 and the Building Code.

The design works as part of RBW relate to building elements that are critical to the integrity of the building, so Council advises that you should engage an LBP to design undertake the design work unless you are technically competent to do so.

At the time of applying for building consent, if you are seeking the exemption, you must supply Council with:

• plans and specifications of the house to the same level of detail and compliance as that required of a licensed designer, registered architect or chartered professional engineer
• any other documentation required by the Council in relation to the building consent application (refer to the residential lodgement checklist for details required)
• a statutory declaration (refer to our website for this document)

If using a designer, you must supply the Council with:

• plans and specifications of the house to the same level of detail and compliance as that required of a licensed designer, registered architect or chartered professional engineer
• any other documentation required by the Council in relation to the building consent application (refer to the residential lodgement checklist for details required)
• a certificate of design work, which is issued by the designer

Can an owner-builder do the construction work?

Yes, but you must notify Council before the work commences by completing the statutory declaration and lodging it either at the time of application, or prior to the construction work commencing if a building consent is not required.

You will be responsible for ensuring that the work complies with the approved plans and specifications. You must ensure that the construction work complies with the Building Act and Building Code (Building Act 2004, section14C), and the approved plans demonstrate that the design is code compliant.

An owner-builder carrying out construction work is responsible for ensuring that the work is compliant with the approved plans and specifications, this confirms that the construction work is compliant with the Building Act and Building Code (Building Act 2004, section14C).

Can an owner-builder do all construction work under the building consent?

An owner-builder cannot carry out all aspects of construction unless they are licensed to do the work; suitably qualified people must carry out this specialised work.

This work includes:

• plumbing
• gas-fitting
• drain-laying; and
• electrical work

Can an owner-builder get others to help with the design or construction work?

You may have friends and family undertake the building works on your behalf, as long as they are not paid for doing so.

If you are paying someone to do the work, they must be suitably licensed and they must submit the relevant paperwork to Council on completion of the work.

Can an owner-builder build other houses using this provision of the Act?

No, the owner-builder exemption only allows the owner to carry out RBW if they have not carried out restricted building work in relation to a different household unit within the previous three years. This element is the key to ensuring unlicensed builders do not use the exemption as a loophole to get around the Licensed Building Practitioner scheme.

What if an owner-builder changes their mind during the project?

Typical scenarios might be:

1. Stop using the exemption provision:
   1. sometime during construction the owner-builder decides they don't want to do the construction work and that they want to employ a Licensed Building Practitioner to complete the job
2. Start using the exemption provision:
   1. part way through the construction an owner may decide to terminate the employment of the Licensed Building Practitioner and intend to finish the job themselves as an owner-builder
   2. part way through the job the owner-builder decides to employee a Licensed Building Practitioner to carry out particular parts of the construction

In any situation where the status has changed you must notify the Council of the changes using the owner-builder exemption form.

Where can I get more information and download the owner-builder exemption form?

For further information and to obtain the statutory declaration form go to Building Performance.

What is the procedure for granting a building consent for a building on land subject to natural hazards?

The applicant will be made aware that the building consent application is being considered under Section 72 and the hazard may be registered against their title. They may also be required to apply for a waiver or modification in respect of the natural hazard concerned as part of the building consent process.

The owner's confirmation is required to recognise the potential implications the identified hazard may have on their insurance and any future sales. The owner has the opportunity then to withdraw their building consent application. Depending on how far through the process the consent is at time of withdrawal, any costs incurred will be on charged.

If the hazard is registered against the title there will be a fee for notification to LINZ regarding the natural hazard.

How do I know if the land I am building on is subject to natural hazards?

For Sections 71 to 73 of the Building Act, natural hazards means:

• Erosion (including coastal erosion, bank erosion and sheet erosion)
• Falling debris (including soil, rock, snow and ice)
• Subsidence
• Inundation (including flooding, overland flow, storm surge, tidal effects and ponding)
• Slippage

If you are unsure whether the land you intend to build on is subject to natural hazards, obtain a PIM which will advise of any natural hazards that the local council is aware of.

When is a specified intended life appropriate for a building consent?

In general most buildings have an indefinite life. The intent of the intended specified life is to provide for buildings that will be onsite for short term use - eg Portacoms, CEBUS classrooms, site office.

What is an extension of life on a building?

Where a building has been consented with a specified intended life under section 113, the intent of the Act is that such buildings will be altered, removed or demolished on or before the end of the intended specified life.

How do I obtain an extension of the life on my building?

Where a building consent is issued for a building or extension with a specified intended life, the consent is issued subject to the condition that the building be altered, removed, or demolished before the end of its specified life. The life of the building cannot be extended without obtaining an 'extension of life' (section 116) from council.

The owner of the building must give written notice to the council before the end of the intended specified life if they propose extending the life of the building.

Council will give the owner written confirmation that the requirements of the Building Act have been complied with or advise what needs to be done to ensure compliance can be achieved.

Why are safe trays required?

Safe trays are required as a means to prevent water damage to household units caused by storage water heaters.

When are safe trays required?

The Acceptable Solutions and Verification Methods for New Zealand Building Code Clause G12 Water Supplies' was amended on 1 January 2017.

The amendment means that if:

• you are installing a storage water heater (hot water cylinder), and
• you didn't have one installed previously, and
• G12/AS1 is your nominated means of complying with the Building Code; then a safe tray is required with storage water heaters when installed in household units and occupancies adjoining household units.

Are safe trays required for replacement storage water heaters?

Installing a new storage water heater, including attaching the pipes, valves and seismic restraint, is new building work that is required to comply with the Building Code.

Replacing an existing storage water heater is considered an alteration to an existing building' under the Building Act. The Building Act has upgraded provisions for alterations. Requiring that after the alteration the building will continue to comply to at least the same extent as it did before the building work.

So where an existing storage water heater does not have a safe tray, and is replaced as an alteration to an existing building, then a safe tray is not required, due to the building only needing to comply to at least the same extent as before the alteration.

Are there other places that safe trays are not required?

Safe trays are not required in buildings that are not household units - unless the adjoining occupancy is a household unit. Buildings solely used as commercial buildings such as offices or warehouses do not require safe trays.

Safe trays are not required for non-storage water heaters, such as under-bench boilers/chillers and instantaneous water heaters.

What other options do I have for a new or replacement storage water heater where a safe tray is difficult to install?

If a safe tray is difficult to install, in either a new or replacement situation, other options can be discussed between the plumber or building designer and the owner of the building. Alternative solutions can include:

• locating the storage water heater outside
• using instantaneous water heaters.

What safe tray material is suitable?

The New Zealand Building Code G12/VM1 refers to ASNZS 3500.4, which states:

Safe trays shall be fabricated from:

1. 0.60mm thick galvanized steel sheet complying with AS 1397 and having a minimal nominal zinc coating mass of 275 g/m2; or
2. other materials not inferior to Item (a), under the conditions of use.

What safe tray waste/drain is suitable?

The safe tray must incorporate a drain with a minimum diameter of 40mm, with the drain made from material that is compatible with the safe tray material and capable of withstanding hot water overflow from the storage water heater under conditions of use.

Where should the safe tray drain discharge to?

Water tanks need to have an overflow pipe to discharge any overflow to a visible place within the same property that does not create a nuisance or damage to building elements.

The outlet of the overflow pipe should not allow entry by birds or vermin.

Can I use a safe tray that integrates a Temperature and Pressure Relief valve (TPR) overflow with the safe tray overflow?

Residences in the South Waikato District Council area tend to have wetback solid fuel heaters and solar water heating retrofitted. These systems are uncontrolled heat sources.

Discharge from Temperature and Pressure Relief valves (TPR) can be of considerable volume and temperature, and can continue for a considerable time. Therefore, South Waikato District Council strongly recommends design in line with the Acceptable Solutions of a TPR valve drain, in copper, discharging separately from the safe tray, to an appropriate place that does not cause damage to the building.

Building Consent applications which nominate an Alternative Solution in regard to safe trays with an integrated TPR overflow will be assessed, however any such design must demonstrate that the system is capable of withstanding high temperatures for a sustained length of time.

Does my driveway or access route need to included as part of the building consent?

Some subdivisions within the South Waikato area have specific covenants associated with how stormwater from driveway areas must be collected and disposed of.

Please ensure your documents clearly indicate whether or not the driveway construction is included in the Building Consent application.

If the driveway site works is to be included in the Building Consent you need to provide:

• Location and extent of driveway (to ensure that roading requirements are met)
• Drainage details if the driveway is to be formed from an impervious material (to meet the NZ Building Code Section E1 requirements)
• Finished surface levels (to meet the NZ Building Code Section E2 requirements)
• Details of access route paving (to meet the NZ Building Code Section D1 and E2 requirements)

If the driveway site works is not part of the Building Consent application you need to provide:

• Location and extent of driveway (to ensure that roading requirements are met)
• Details of access route (to demonstrate compliance with the NZ Building Code Section D1 and E2 requirements)

Driveways or other site works that are not part of the building consent still need to be constructed to comply with the NZ Building Code requirements. It is the responsibility of the owner and contractors carrying out this work to ensure compliance is achieved.