A beginner's guide to resource and building consent processes - under the Resource Management Act 1991 and the Building Act 2004

 
A beginner's guide to resource and building consent processes - under the Resource Management Act 1991 and the Building Act 2004
A beginner’s guide to resource
and building consent processes
under the Resource Management Act 1991
and the Building Act 2004
1

Contents                                                             Introduction
Introduction                                                    01   Two Acts to follow
   Two Acts to follow                                           01   Every building project must comply with the Resource Management Act 1991
   The Resource Management Act 1991                             02   (RMA) and the Building Act 2004 (the Building Act). These laws define the
   The Building Act 2004                                        03   situations in which you need a resource consent and/or a building consent;
                                                                     and what you need to do to get them.
A beginner’s guide to resource and building consent processes   06
                                                                     The process for getting your consents will be easier if you know how the
Getting your ideas together                                     08
                                                                     RMA and the Building Act affect your project, and what you need to do to
   Step 1: Initial preparations                                 08   have your consents approved.
   Step 2: Preliminary design                                   10
                                                                     This guide will take you through key questions to consider, the steps to
   Step 3: Get a Project Information Memorandum (PIM)           10
                                                                     follow in applying for your consents, and who you need to see at each step.
   Step 4: Confirm consent requirements                         12
                                                                     The flow chart on pages 6 and 7 sets out 14 steps, some of which may not
Resource consent process                                        13   apply depending on the nature of your project. This guide also refers you to
   Step 5: Prepare assessment of environmental effects          13   more detailed guidance and other sources of advice.

   Step 6: Seek written approval from affected parties          13
                                                                       Tom and Mary are expecting
   Step 7: Apply for resource consent                           15
                                                                       twins. Mary’s parents have offered
Building consent process                                        18     to come and live with them, to
                                                                       help with child care. Tom and
   Step 8: Final design                                         18
                                                                       Mary want to modify their small
   Step 9: Apply for building consent                           18     cottage to meet their changing
                                                                       circumstances. They know they
Completing your project                                         21     will need to keep to the rules about
   Step 10: Engage a builder and start construction             21     planning and building. To find out
   Step 11: Ensure inspections are carried out                  22     if their idea is feasible, they need
                                                                       more information and advice.
   Step 12: Building is complete                                23
   Step 13: Get a code compliance certificate                   23
   Step 14: Ensure ongoing compliance                           24

Further guidance and advice                                     25
1

Contents                                                             Introduction
Introduction                                                    01   Two Acts to follow
   Two Acts to follow                                           01   Every building project must comply with the Resource Management Act 1991
   The Resource Management Act 1991                             02   (RMA) and the Building Act 2004 (the Building Act). These laws define the
   The Building Act 2004                                        03   situations in which you need a resource consent and/or a building consent;
                                                                     and what you need to do to get them.
A beginner’s guide to resource and building consent processes   06
                                                                     The process for getting your consents will be easier if you know how the
Getting your ideas together                                     08
                                                                     RMA and the Building Act affect your project, and what you need to do to
   Step 1: Initial preparations                                 08   have your consents approved.
   Step 2: Preliminary design                                   10
                                                                     This guide will take you through key questions to consider, the steps to
   Step 3: Get a Project Information Memorandum (PIM)           10
                                                                     follow in applying for your consents, and who you need to see at each step.
   Step 4: Confirm consent requirements                         12
                                                                     The flow chart on pages 6 and 7 sets out 14 steps, some of which may not
Resource consent process                                        13   apply depending on the nature of your project. This guide also refers you to
   Step 5: Prepare assessment of environmental effects          13   more detailed guidance and other sources of advice.

   Step 6: Seek written approval from affected parties          13
                                                                       Tom and Mary are expecting
   Step 7: Apply for resource consent                           15
                                                                       twins. Mary’s parents have offered
Building consent process                                        18     to come and live with them, to
                                                                       help with child care. Tom and
   Step 8: Final design                                         18
                                                                       Mary want to modify their small
   Step 9: Apply for building consent                           18     cottage to meet their changing
                                                                       circumstances. They know they
Completing your project                                         21     will need to keep to the rules about
   Step 10: Engage a builder and start construction             21     planning and building. To find out
   Step 11: Ensure inspections are carried out                  22     if their idea is feasible, they need
                                                                       more information and advice.
   Step 12: Building is complete                                23
   Step 13: Get a code compliance certificate                   23
   Step 14: Ensure ongoing compliance                           24

Further guidance and advice                                     25
2                                                                                                                                                                                       3

    The Resource                                     buildings. Every district or regional
                                                                                                          The local district plan determines
                                                                                                                                               The Building Act 2004
    Management Act 1991                              plan is different and reflects the
                                                                                                          whether Tom and Mary will need       The Building Act covers the
                                                     desires and aspirations of the local                 a resource consent for what they
    The RMA protects land and the                                                                                                              construction, alteration, demolition
                                                     community.                                           propose to do. While they gather
    environment. Just because you own                                                                                                          and maintenance of new and
                                                                                                          information for the resource
    a piece of land doesn’t mean you can             What is a resource consent?                                                               existing buildings throughout
                                                                                                          consent application, Tom and
    do what you want on it or with it.                                                                    Mary will also think about what      New Zealand. It sets standards and
                                                     The plans councils prepare set
    The RMA recognises that our                                                                           they have to do to obtain their      procedures for people involved in
                                                     out which activities will require
    neighbours and others in our                                                                          building consent (see page 4).       building work (including licensing
                                                     a resource consent. A resource
    communities can be affected by                                                                                                             of building practitioners) to ensure
                                                     consent is a formal approval for such
    our ideas for using land and other                                                                                                         buildings are safe, healthy, and built
                                                     things as the use or subdivision
    resources – just as we can be                                                                                                              right first time. It covers how work
                                                     of land, the taking of water, the
    affected by the plans of others.                                                                                                           can be done, who can do it, and
                                                     discharge of contaminants in water,
    By protecting the environment, the                                                                                                         when it needs to be consented and
                                                     soil or air, or the use or occupation
    RMA also ensures we consider the                                                                                                           inspected. The Building Act as it
                                                     of coastal space. It’s not just
    interests of the community and                                                                                                             relates to buildings is implemented
                                                     new buildings that may require
    future generations of Kiwis.                                                                                                               by local district and city councils.
                                                     resource consent. A new use of an
    Under the RMA, regional councils                 existing building may also require a                                                      Under the Building Act, the Building
    prepare regional plans that focus on             resource consent. Just as council                                                         Code defines the minimum
    the management of our air, water,                plans vary, the need for resource                                                         standards buildings must meet
    land and soil. City or district councils         consents varies from one area to                                                          (to the extent required by the
    prepare district plans that focus on             another. If the activity you want                                                         Building Act). In contrast to the
    managing aspects of subdivision                  to carry out isn’t clearly identified                                                     plans prepared under the RMA, the
    and land use that can affect the                 as either a permitted or prohibited                                                       Building Code provides a common
    environment, such as the height,                 activity in the plan, then you must                                                       set of minimum rules for the whole
    appearance and location of buildings             obtain a resource consent. If you                                                         of New Zealand.
           and signs, and the noise,                 need certainty, councils can issue
                                                                                                                                               You can get more information
            glare and odour associated               certificates of compliance for
                                                                                                                                               about the Building Act 2004 at
              with the activities that               permitted activities confirming that
                                                                                                                                               www.dbh.govt.nz/blc-building-act
               take place in and around              the activity is lawfully established.

                   The Ministry for the Environment has a series of 14 booklets called An Everyday
                  Guide to the RMA. Getting in on the Act explains the purpose of the Act, and provides
                   some examples of how it works. You can find copies at your local council, or on the
                    Ministry for the Environment’s website.
2                                                                                                                                                                                       3

    The Resource                                     buildings. Every district or regional
                                                                                                          The local district plan determines
                                                                                                                                               The Building Act 2004
    Management Act 1991                              plan is different and reflects the
                                                                                                          whether Tom and Mary will need       The Building Act covers the
                                                     desires and aspirations of the local                 a resource consent for what they
    The RMA protects land and the                                                                                                              construction, alteration, demolition
                                                     community.                                           propose to do. While they gather
    environment. Just because you own                                                                                                          and maintenance of new and
                                                                                                          information for the resource
    a piece of land doesn’t mean you can             What is a resource consent?                                                               existing buildings throughout
                                                                                                          consent application, Tom and
    do what you want on it or with it.                                                                    Mary will also think about what      New Zealand. It sets standards and
                                                     The plans councils prepare set
    The RMA recognises that our                                                                           they have to do to obtain their      procedures for people involved in
                                                     out which activities will require
    neighbours and others in our                                                                          building consent (see page 4).       building work (including licensing
                                                     a resource consent. A resource
    communities can be affected by                                                                                                             of building practitioners) to ensure
                                                     consent is a formal approval for such
    our ideas for using land and other                                                                                                         buildings are safe, healthy, and built
                                                     things as the use or subdivision
    resources – just as we can be                                                                                                              right first time. It covers how work
                                                     of land, the taking of water, the
    affected by the plans of others.                                                                                                           can be done, who can do it, and
                                                     discharge of contaminants in water,
    By protecting the environment, the                                                                                                         when it needs to be consented and
                                                     soil or air, or the use or occupation
    RMA also ensures we consider the                                                                                                           inspected. The Building Act as it
                                                     of coastal space. It’s not just
    interests of the community and                                                                                                             relates to buildings is implemented
                                                     new buildings that may require
    future generations of Kiwis.                                                                                                               by local district and city councils.
                                                     resource consent. A new use of an
    Under the RMA, regional councils                 existing building may also require a                                                      Under the Building Act, the Building
    prepare regional plans that focus on             resource consent. Just as council                                                         Code defines the minimum
    the management of our air, water,                plans vary, the need for resource                                                         standards buildings must meet
    land and soil. City or district councils         consents varies from one area to                                                          (to the extent required by the
    prepare district plans that focus on             another. If the activity you want                                                         Building Act). In contrast to the
    managing aspects of subdivision                  to carry out isn’t clearly identified                                                     plans prepared under the RMA, the
    and land use that can affect the                 as either a permitted or prohibited                                                       Building Code provides a common
    environment, such as the height,                 activity in the plan, then you must                                                       set of minimum rules for the whole
    appearance and location of buildings             obtain a resource consent. If you                                                         of New Zealand.
           and signs, and the noise,                 need certainty, councils can issue
                                                                                                                                               You can get more information
            glare and odour associated               certificates of compliance for
                                                                                                                                               about the Building Act 2004 at
              with the activities that               permitted activities confirming that
                                                                                                                                               www.dbh.govt.nz/blc-building-act
               take place in and around              the activity is lawfully established.

                   The Ministry for the Environment has a series of 14 booklets called An Everyday
                  Guide to the RMA. Getting in on the Act explains the purpose of the Act, and provides
                   some examples of how it works. You can find copies at your local council, or on the
                    Ministry for the Environment’s website.
4                                                                                                                                                              5

    What is a building consent?
                                                                                           Tom knows that he and Mary need a building consent before
    A building consent is a formal                                                         any building work can be done. If he attends to all of the issues
    approval granted by your local council                                                 addressed by the Building Act, his reconfigured home will be
    under the Building Act that allows                                                     safe, healthy, and suitable for his family to live in. If he does
                                                                                           some planning, gathers information, and talks to the right
    a person to carry out building work.
                                                                                           people now, Tom will probably save time and money.
    Building work includes work in
    connection with the construction,
    alteration, demolition or removal
    of a building. A council will issue
    a building consent only when it is
    satisfied the proposed building work
    will meet the requirements of the
    Building Code.

    You cannot carry out any building
    work unless you have a building
    consent. There are a few minor
    exceptions to this set out in
    Schedule 1 of the Building Act.
    For example, decks under 1m in
    height; and retaining walls less than
    1.5m high that do not support any
    surcharge or any additional load such
    as vehicles on a road.

    All building work must meet the
    minimum requirements of the
    Building Code even if no building
    consent is required.

             Note: Make sure you read more about the resource and building consent
         processes before you start detailed planning. Spend time on shaping your ideas,
         gathering information, and talking to the right people early to save time and
         money for years to come.
4                                                                                                                                                              5

    What is a building consent?
                                                                                           Tom knows that he and Mary need a building consent before
    A building consent is a formal                                                         any building work can be done. If he attends to all of the issues
    approval granted by your local council                                                 addressed by the Building Act, his reconfigured home will be
    under the Building Act that allows                                                     safe, healthy, and suitable for his family to live in. If he does
                                                                                           some planning, gathers information, and talks to the right
    a person to carry out building work.
                                                                                           people now, Tom will probably save time and money.
    Building work includes work in
    connection with the construction,
    alteration, demolition or removal
    of a building. A council will issue
    a building consent only when it is
    satisfied the proposed building work
    will meet the requirements of the
    Building Code.

    You cannot carry out any building
    work unless you have a building
    consent. There are a few minor
    exceptions to this set out in
    Schedule 1 of the Building Act.
    For example, decks under 1m in
    height; and retaining walls less than
    1.5m high that do not support any
    surcharge or any additional load such
    as vehicles on a road.

    All building work must meet the
    minimum requirements of the
    Building Code even if no building
    consent is required.

             Note: Make sure you read more about the resource and building consent
         processes before you start detailed planning. Spend time on shaping your ideas,
         gathering information, and talking to the right people early to save time and
         money for years to come.
6   A beginner’s guide to resource                                                                                                                                         7
    and building consent processes

      GETTING YOUR
      IDEAS TOGETHER
                                                                      3 Get a Project
                                                                        Information
                                                                                                              4 Confirm consent
                                                                                                                requirements
                                                                                                                                          RESOURCE CONSENT
                                                                                                                                          PROCESS
      1 Initial preparations             2 Preliminary design              Memorandum
                                                                                                                                              5 Prepare assessment of
                                                                           (PIM)
                                                                                                                                                environmental effects

                                                                                           PIM received

                                                                                                                   If you don’t need a
                                                                                                                   resource consent go
                                                             Provide more
                                                                                                                   to step 8 (final design)         6 Seek written
                                                                                                                                                      approval from
                                                        information if necessary
                                                                                                                                                        affected parties

                                                   BUILDING CONSENT                                KPOINT
                                                                                                                     7 Apply for
                                                                                                                       resource consent
                                                                                                EC
                                                   PROCESS

                                                                                           CH
                           9 Apply  for             8 Final design
                             building consent
                                                                                                            Resource
                                                                                                            consent received
                                                                                                                                               Provide more
                                                                                           Understand any                                 information if necessary
                                                                                           conditions of
                                            Provide more                                   consent
                                       information if necessary                                                                                      14 Ensure
                                                                                                                                                        ongoing
                                                                                                                           13 Get
    Building consent
                                                                                                                                  a code                    compliance
    received
                                                                                                12 Building
                                    COMPLETING YOUR                                                                           compliance
                                                                                                            is
                                                                                                                                  certificate
                                    PROJECT
                                                                  11
                 EC
                    K   POINT
                                                                                                   complete
                                                                         Ensure
            CH

                                    10    Engage a
                                          builder and start
                                                                         inspections are
                                                                         carried out
                                          construction

        Understand any
        conditions of
        consent
8                                                                                                                                                                                  9

    Getting your ideas together
                                                                                             • Building control staff: Also                • Experts: If your project is
                                                                                               called ‘building officials’, they             complex, you will probably need
             Note: At every stage of the resource and building consent process, you should     will deal with your specific                  expert help. You might need
         ask the following key questions:
                                                                                               queries about the Building Act,               to employ a planner, designer,
         • Am I allowed to do this?              • What are my obligations?
                                                                                               the Building Code, and building               architect, engineer, surveyor, or
         • Do I need a resource and/or a         • How long will it take?
           building consent?                     • How much will it cost?                      consent requirements. They are                other specialists to help prepare
         • Who do I need to talk to?             • What can I do if it goes wrong?             likely to process your application            your applications for resource and
                                                                                               for a building consent.                       building consents. Local councils
                                                                                                                                             may direct you to contact lists for
                                                                                                                                             such experts.
    Step 1: Initial preparations                  Your local district or city council is
                                                  your primary point of contact, and
    When first thinking about your                                                             Tom and Mary have always
                                                  there are a number of people you will        known they would need a building
    building project there are some key
                                                  need to deal with there.                     consent. When Tom met with
    things you need to do. Firstly, you
                                                                                               council staff about his original
    need to be clear about what you               • Customer service staff: They               idea, they told him of the sort of
    want to build and how much it might             may handle your initial queries            detail he would have to provide
    cost. It may be helpful to write your           and provide you with guidance              with his application. From this,
    ideas down, draw some preliminary               and information. They may be               it was obvious to Tom and Mary
    sketches, and take photos to help               supported by qualified resource            that they would need to engage
    you explain to others what you want                                                        a professional designer. They
                                                    consent and building control staff,
                                                                                               will be working closely with
    to do.                                          or they may refer detailed queries         Moana so she can translate
                                                    to such experts.                           their ideas into working plans.
    You should read information about
    the resource and building consent             • Resource consent staff: Often
    processes that you can find in                  called ‘planning officers’ or
    the guides referred to throughout               ‘consents officers’, they will
    this document. This will help you               deal with your specific queries
    understand who you need to see,                 about the RMA, local plans, and
    other information you will need to              resource consent requirements.
    collect, and where you can obtain               They are likely to process your
    further advice.                                 application for resource consent,
                                                    should you need one.                              Note: Every council has its own structure and processes. Ask your contact
                                                                                                  at the council whether you need to talk to anyone else, and ask for specific
                                                                                                  information about the processes you should follow. Information may also be
                                                                                                  available on your council’s website.
8                                                                                                                                                                                  9

    Getting your ideas together
                                                                                             • Building control staff: Also                • Experts: If your project is
                                                                                               called ‘building officials’, they             complex, you will probably need
             Note: At every stage of the resource and building consent process, you should     will deal with your specific                  expert help. You might need
         ask the following key questions:
                                                                                               queries about the Building Act,               to employ a planner, designer,
         • Am I allowed to do this?              • What are my obligations?
                                                                                               the Building Code, and building               architect, engineer, surveyor, or
         • Do I need a resource and/or a         • How long will it take?
           building consent?                     • How much will it cost?                      consent requirements. They are                other specialists to help prepare
         • Who do I need to talk to?             • What can I do if it goes wrong?             likely to process your application            your applications for resource and
                                                                                               for a building consent.                       building consents. Local councils
                                                                                                                                             may direct you to contact lists for
                                                                                                                                             such experts.
    Step 1: Initial preparations                  Your local district or city council is
                                                  your primary point of contact, and
    When first thinking about your                                                             Tom and Mary have always
                                                  there are a number of people you will        known they would need a building
    building project there are some key
                                                  need to deal with there.                     consent. When Tom met with
    things you need to do. Firstly, you
                                                                                               council staff about his original
    need to be clear about what you               • Customer service staff: They               idea, they told him of the sort of
    want to build and how much it might             may handle your initial queries            detail he would have to provide
    cost. It may be helpful to write your           and provide you with guidance              with his application. From this,
    ideas down, draw some preliminary               and information. They may be               it was obvious to Tom and Mary
    sketches, and take photos to help               supported by qualified resource            that they would need to engage
    you explain to others what you want                                                        a professional designer. They
                                                    consent and building control staff,
                                                                                               will be working closely with
    to do.                                          or they may refer detailed queries         Moana so she can translate
                                                    to such experts.                           their ideas into working plans.
    You should read information about
    the resource and building consent             • Resource consent staff: Often
    processes that you can find in                  called ‘planning officers’ or
    the guides referred to throughout               ‘consents officers’, they will
    this document. This will help you               deal with your specific queries
    understand who you need to see,                 about the RMA, local plans, and
    other information you will need to              resource consent requirements.
    collect, and where you can obtain               They are likely to process your
    further advice.                                 application for resource consent,
                                                    should you need one.                              Note: Every council has its own structure and processes. Ask your contact
                                                                                                  at the council whether you need to talk to anyone else, and ask for specific
                                                                                                  information about the processes you should follow. Information may also be
                                                                                                  available on your council’s website.
10                                                                                                                                                                           11

     Step 2: Preliminary design                     Step 3: Get a Project                        Your council will provide you with a
                                                                                                                                        When Tom spoke initially to
     This information is needed to                  Information Memorandum                       PIM application form. The form must
                                                                                                                                        the council’s resource consent
     help you:                                      (PIM)                                        be submitted to the council with the   planner, he was advised to apply
                                                                                                 required fee (each council sets its    for his PIM sooner rather than
                                                    A PIM is a report issued by councils
     • discuss with the council, your                                                            own fees which are usually published   later. This was good advice as
                                                    under the Building Act to help you
       neighbours and other affected                                                             on their website) and include, or be   it confirmed that Tom and Mary
                                                    decide whether your planning and                                                    needed a resource consent as
       people what you propose to do                                                             accompanied by information such as:
                                                    building project is possible and                                                    well as a building consent for
     • refine your ideas in light of
                                                    practical. Ideally, you should apply for a   • the intended use of the building     their project. It also indicated
       those discussions                                                                                                                the location of existing services,
                                                    PIM at an early stage: before applying       • the location, description and
     • confirm the costs and overall                for a resource consent; or (when you                                                which influenced where they
                                                                                                   external dimensions of the
       feasibility of the project                                                                                                       would place the new extension.
                                                    don’t need a resource consent) before          proposed building                    As Moana is familiar with the
     • progress smoothly through later              applying for a building consent.                                                    resource consent process,
                                                                                                 • any change of use, subdivision
       steps in the process.                                                                                                            the couple have asked her to
                                                    A PIM will tell you what the council           details, and previous building
                                                                                                                                        prepare their application, but
                                                    knows about the proposed site and              consents issued for the project
                                                                                                                                        they will take responsibility for
                                                    requirements of the RMA (including           • proposed vehicle access,             discussing their project with
                                                    whether you may need a resource                stormwater and wastewater            neighbours themselves.
                                                    consent) and other Acts that might             disposal, and connections to
                                                    affect your proposal and require               public utilities
                                                    separate approvals. For example:             • precautions to protect any
                                                    • the location of underground                  existing drains, sewers, wells or
                                                      pipes, natural hazards, soil types           water mains
                                                      and other ground conditions                • matters potentially relevant under
                                                    • the relevant provisions of the               the RMA (such as modified site
                                                      council’s district plan, council             contours and sunlight access
                                                      bylaws, the Fire Service Act 1975,           planes).
                                                      the Local Government Act 2002
                                                      and the Historic Places Act 1993.

               Note: Make sure the person who draws up your preliminary plans understands
          the requirements of the RMA and the Building Code and how to represent them.
          This would include a site plan showing the boundaries of your property and
          surrounding properties, how much of the site the building will cover, any existing
          and proposed buildings, and elevations (basic drawings showing what the building
          will look like from all sides).
10                                                                                                                                                                           11

     Step 2: Preliminary design                     Step 3: Get a Project                        Your council will provide you with a
                                                                                                                                        When Tom spoke initially to
     This information is needed to                  Information Memorandum                       PIM application form. The form must
                                                                                                                                        the council’s resource consent
     help you:                                      (PIM)                                        be submitted to the council with the   planner, he was advised to apply
                                                                                                 required fee (each council sets its    for his PIM sooner rather than
                                                    A PIM is a report issued by councils
     • discuss with the council, your                                                            own fees which are usually published   later. This was good advice as
                                                    under the Building Act to help you
       neighbours and other affected                                                             on their website) and include, or be   it confirmed that Tom and Mary
                                                    decide whether your planning and                                                    needed a resource consent as
       people what you propose to do                                                             accompanied by information such as:
                                                    building project is possible and                                                    well as a building consent for
     • refine your ideas in light of
                                                    practical. Ideally, you should apply for a   • the intended use of the building     their project. It also indicated
       those discussions                                                                                                                the location of existing services,
                                                    PIM at an early stage: before applying       • the location, description and
     • confirm the costs and overall                for a resource consent; or (when you                                                which influenced where they
                                                                                                   external dimensions of the
       feasibility of the project                                                                                                       would place the new extension.
                                                    don’t need a resource consent) before          proposed building                    As Moana is familiar with the
     • progress smoothly through later              applying for a building consent.                                                    resource consent process,
                                                                                                 • any change of use, subdivision
       steps in the process.                                                                                                            the couple have asked her to
                                                    A PIM will tell you what the council           details, and previous building
                                                                                                                                        prepare their application, but
                                                    knows about the proposed site and              consents issued for the project
                                                                                                                                        they will take responsibility for
                                                    requirements of the RMA (including           • proposed vehicle access,             discussing their project with
                                                    whether you may need a resource                stormwater and wastewater            neighbours themselves.
                                                    consent) and other Acts that might             disposal, and connections to
                                                    affect your proposal and require               public utilities
                                                    separate approvals. For example:             • precautions to protect any
                                                    • the location of underground                  existing drains, sewers, wells or
                                                      pipes, natural hazards, soil types           water mains
                                                      and other ground conditions                • matters potentially relevant under
                                                    • the relevant provisions of the               the RMA (such as modified site
                                                      council’s district plan, council             contours and sunlight access
                                                      bylaws, the Fire Service Act 1975,           planes).
                                                      the Local Government Act 2002
                                                      and the Historic Places Act 1993.

               Note: Make sure the person who draws up your preliminary plans understands
          the requirements of the RMA and the Building Code and how to represent them.
          This would include a site plan showing the boundaries of your property and
          surrounding properties, how much of the site the building will cover, any existing
          and proposed buildings, and elevations (basic drawings showing what the building
          will look like from all sides).
12                                                                                                                                                                                                    13

                                                                                                    Resource consent process
     Allow plenty of time (at least several          Step 4: Confirm consent                        Step 5: Prepare assessment                       Step 6: Seek written
     weeks) for you and any experts                  requirements                                   of environmental effects                         approval from affected
     you employ to collect and present
                                                     At this point, you will know whether           All applications for resource                    parties
     the information needed for the PIM
                                                     you need both a resource consent               consent must be accompanied by                   Affected parties are any person or
     application. The council can request
                                                     and building consent for your project.         an assessment of environmental                   organisation that might be affected
     further information after you submit
                                                     It is important that you have these            effects (AEE). Your council’s                    by your project. Commonly affected
     the application.
                                                     specific requirements confirmed in             website, the district plan, and                  parties will include your immediate
     The council must issue the PIM                  writing from your council, either in a         council staff will tell you what                 neighbours, but they may include
     within 20 working days after                    PIM, or in a letter.                           information you need to include.                 people who are further away. The
     receiving the application, or within                                                                                                            council will be able to advise in your
                                                     If it is clear that you do not need            If your project could have significant
     10 working days after any further                                                                                                               case who it considers will be an
                                                     a resource consent, then you can               effects on the environment, you
     information has been received.                                                                                                                  affected party. The council may then
                                                     proceed directly to Step 8.                    might need specialist advice
                                                                                                                                                     ask you to seek the written approval
                                                                                                    to prepare the AEE. Generally,
                                                                                                                                                     of those parties. You are not obliged
                                                                                                    the bigger the project, the more
                                                                                                                                                     to seek their approval, but it is likely
                                                                                                    extensive the AEE requirements will
                                                                                                                                                     to make the processing of your
                                                                                                    be, and the more you will benefit
                                                                                                                                                     application more straightforward.
                                                                                                    from professional advice.
                                                                                                                                                     To enable those parties to work out
                                                                                                                                                     whether they can support your project
                                                                                                                                                     or not, you will need to be open and
                                                                                                                                                     honest, provide as much information
                                                                                                                                                     about your project as possible, listen
                                                                                                                                                     to any concerns, and discuss how you
                                                                                                                                                     might address them. You will need to
                                                                                                                                                     document who you consulted with
                                                                                                                                                     and what they said in your AEE.

                                                                                                                      For more information on how to prepare an AEE see the Ministry for the
                                                                                                                    Environment’s Guide to Preparing a Basic Assessment of Environmental Effects.

             Note: The PIM may include a notice stating that you cannot start work before
                                                                                                             Note: In some cases, the council will decide to notify your application for resource
          your resource consent is approved. This is likely if the council thinks the resource
                                                                                                         consent, either generally, or to a specific group of people it considers are potentially
          consent will impose conditions that will affect your building plans.
                                                                                                         affected. This might happen when affected parties don’t give approval or if the council
              Note: If you do not obtain written confirmation of what is required from you,              decides the effects of the activity are more than minor. Public notification allows people
          there is a risk that you will focus on gathering the wrong information, or insufficient        to make submissions, and hearings into the application are often then held. Generally,
          information, and that you may be then faced with unnecessary delay or expense.                 the likelihood of notification depends on the scale and significance of your project.
12                                                                                                                                                                                                    13

                                                                                                    Resource consent process
     Allow plenty of time (at least several          Step 4: Confirm consent                        Step 5: Prepare assessment                       Step 6: Seek written
     weeks) for you and any experts                  requirements                                   of environmental effects                         approval from affected
     you employ to collect and present
                                                     At this point, you will know whether           All applications for resource                    parties
     the information needed for the PIM
                                                     you need both a resource consent               consent must be accompanied by                   Affected parties are any person or
     application. The council can request
                                                     and building consent for your project.         an assessment of environmental                   organisation that might be affected
     further information after you submit
                                                     It is important that you have these            effects (AEE). Your council’s                    by your project. Commonly affected
     the application.
                                                     specific requirements confirmed in             website, the district plan, and                  parties will include your immediate
     The council must issue the PIM                  writing from your council, either in a         council staff will tell you what                 neighbours, but they may include
     within 20 working days after                    PIM, or in a letter.                           information you need to include.                 people who are further away. The
     receiving the application, or within                                                                                                            council will be able to advise in your
                                                     If it is clear that you do not need            If your project could have significant
     10 working days after any further                                                                                                               case who it considers will be an
                                                     a resource consent, then you can               effects on the environment, you
     information has been received.                                                                                                                  affected party. The council may then
                                                     proceed directly to Step 8.                    might need specialist advice
                                                                                                                                                     ask you to seek the written approval
                                                                                                    to prepare the AEE. Generally,
                                                                                                                                                     of those parties. You are not obliged
                                                                                                    the bigger the project, the more
                                                                                                                                                     to seek their approval, but it is likely
                                                                                                    extensive the AEE requirements will
                                                                                                                                                     to make the processing of your
                                                                                                    be, and the more you will benefit
                                                                                                                                                     application more straightforward.
                                                                                                    from professional advice.
                                                                                                                                                     To enable those parties to work out
                                                                                                                                                     whether they can support your project
                                                                                                                                                     or not, you will need to be open and
                                                                                                                                                     honest, provide as much information
                                                                                                                                                     about your project as possible, listen
                                                                                                                                                     to any concerns, and discuss how you
                                                                                                                                                     might address them. You will need to
                                                                                                                                                     document who you consulted with
                                                                                                                                                     and what they said in your AEE.

                                                                                                                      For more information on how to prepare an AEE see the Ministry for the
                                                                                                                    Environment’s Guide to Preparing a Basic Assessment of Environmental Effects.

             Note: The PIM may include a notice stating that you cannot start work before
                                                                                                             Note: In some cases, the council will decide to notify your application for resource
          your resource consent is approved. This is likely if the council thinks the resource
                                                                                                         consent, either generally, or to a specific group of people it considers are potentially
          consent will impose conditions that will affect your building plans.
                                                                                                         affected. This might happen when affected parties don’t give approval or if the council
              Note: If you do not obtain written confirmation of what is required from you,              decides the effects of the activity are more than minor. Public notification allows people
          there is a risk that you will focus on gathering the wrong information, or insufficient        to make submissions, and hearings into the application are often then held. Generally,
          information, and that you may be then faced with unnecessary delay or expense.                 the likelihood of notification depends on the scale and significance of your project.
14                                                                                                                                                                                                              15

     The council considers that                     garden, well away from their
                                                                                                         Step 7: Apply for resource                     • notify the application only to
     Tom and Mary’s extension has                   patio. On the other hand, they’re                    consent                                          potentially affected parties and
     only minor effects and that                    concerned that the windows in                                                                         invite them to make a submission
                                                                                                         Once you have completed your AEE
     their neighbours are the only                  the extension will have a view                                                                        (the officer will contact people
                                                                                                         and obtained any written approvals
     people that are potentially                    straight into their lounge. They                                                                      or organisations that might be
                                                                                                         you are in a good position to apply
     affected. If the couple can get                feel that although they are mates                                                                     affected)
     the written approval of their                  and happy to see each other,                         for resource consent. Collect the
     neighbours, their application                  future owners mightn’t feel the                      application form from your council or          • publicly notify the application
     will not need to be notified.                  same. The potential saleability                      their website.                                   and call for submissions from
                                                    of their house might be affected.                                                                     any party
     The council planner identifies                 This is an easy fix for Tom at this                  Take your application to your council
     the couple’s neighbours as                                                                                                                         • hold a hearing at which you and
                                                    early stage. He alters the position                  and pay your application fee. A
     potentially affected parties as                                                                                                                      submitters can put your views.
                                                    of the windows on his plans.                         resource consents officer will write
     the roof eaves of the extension
     contravene the district plan by                                                                     a report and make recommendations              The council can reject the application
     blocking their sunlight. Tom and                                                                    on your application. They will decide          and return it within 5 working
     Mary want to preserve their good                                                                    whether to:                                    days if it is incomplete. It should
     relationship with their neighbours,                                                                                                                decide whether to notify the
     so they’ll tell them about their                                                                    • reject the application as
                                                                                                                                                        application within 10 working days
     plans as soon as possible.                                                                            incomplete
                                                                                                                                                        of receiving it. If you’ve provided all
     It turns out that their neighbours                                                                  • ask for more information
                                                                                                                                                        the information, and the application
     aren’t too concerned that the                                                                       • approve the application without              doesn’t need to be notified, the
     eaves block their sunlight, as                                                                        publicly notifying it                        council should make a decision
     it only affects the end of their
                                                                                                                                                        within 20 working days. If the
                                                                                                                                                        application needs to be notified, the
                                                                                                                                                        council should be able to make a
                                                                                                                                                        decision within 4 months.

                                                                                                                                The Ministry for the Environment’s guide Applying for a Resource Consent
                             The Ministry for the Environment’s guides Consultation for Resource                               confirms the essential elements of the process. For information on the
                              Consent Applicants and Your Rights as an ‘Affected Person’ provide                                hearing process, in the event that your application is notified, refer to the
                              guidance on talking to potentially affected parties, and an insight into                           Ministry for the Environment guides Making a Submission on a Resource
                            how you can see your project from their perspective.                                                 Consent and Appearing at a Resource Consent Hearing.
14                                                                                                                                                                                                              15

     The council considers that                     garden, well away from their
                                                                                                         Step 7: Apply for resource                     • notify the application only to
     Tom and Mary’s extension has                   patio. On the other hand, they’re                    consent                                          potentially affected parties and
     only minor effects and that                    concerned that the windows in                                                                         invite them to make a submission
                                                                                                         Once you have completed your AEE
     their neighbours are the only                  the extension will have a view                                                                        (the officer will contact people
                                                                                                         and obtained any written approvals
     people that are potentially                    straight into their lounge. They                                                                      or organisations that might be
                                                                                                         you are in a good position to apply
     affected. If the couple can get                feel that although they are mates                                                                     affected)
     the written approval of their                  and happy to see each other,                         for resource consent. Collect the
     neighbours, their application                  future owners mightn’t feel the                      application form from your council or          • publicly notify the application
     will not need to be notified.                  same. The potential saleability                      their website.                                   and call for submissions from
                                                    of their house might be affected.                                                                     any party
     The council planner identifies                 This is an easy fix for Tom at this                  Take your application to your council
     the couple’s neighbours as                                                                                                                         • hold a hearing at which you and
                                                    early stage. He alters the position                  and pay your application fee. A
     potentially affected parties as                                                                                                                      submitters can put your views.
                                                    of the windows on his plans.                         resource consents officer will write
     the roof eaves of the extension
     contravene the district plan by                                                                     a report and make recommendations              The council can reject the application
     blocking their sunlight. Tom and                                                                    on your application. They will decide          and return it within 5 working
     Mary want to preserve their good                                                                    whether to:                                    days if it is incomplete. It should
     relationship with their neighbours,                                                                                                                decide whether to notify the
     so they’ll tell them about their                                                                    • reject the application as
                                                                                                                                                        application within 10 working days
     plans as soon as possible.                                                                            incomplete
                                                                                                                                                        of receiving it. If you’ve provided all
     It turns out that their neighbours                                                                  • ask for more information
                                                                                                                                                        the information, and the application
     aren’t too concerned that the                                                                       • approve the application without              doesn’t need to be notified, the
     eaves block their sunlight, as                                                                        publicly notifying it                        council should make a decision
     it only affects the end of their
                                                                                                                                                        within 20 working days. If the
                                                                                                                                                        application needs to be notified, the
                                                                                                                                                        council should be able to make a
                                                                                                                                                        decision within 4 months.

                                                                                                                                The Ministry for the Environment’s guide Applying for a Resource Consent
                             The Ministry for the Environment’s guides Consultation for Resource                               confirms the essential elements of the process. For information on the
                              Consent Applicants and Your Rights as an ‘Affected Person’ provide                                hearing process, in the event that your application is notified, refer to the
                              guidance on talking to potentially affected parties, and an insight into                           Ministry for the Environment guides Making a Submission on a Resource
                            how you can see your project from their perspective.                                                 Consent and Appearing at a Resource Consent Hearing.
16                                                                                                                                                                                       17

     The council will inform you whether             You can make a formal objection to
                                                                                                If Tom and Mary hadn’t altered their preliminary designs, and the
     your application has been approved              the council. You will be able to attend
                                                                                                neighbours had not provided their written approval, the council
     or declined and provide you with                a hearing on your objection.               would have notified the application. The neighbours might then
     a copy of its decision. If your                                                            have made a submission opposing the application and asked to
                                                     You can also lodge a formal appeal         be heard at a hearing. Tom and Mary would have been given the
     application is approved, you should:
                                                     with the Environment Court if you          opportunity to be heard as well. The council would then have made
     • understand any conditions                     are unhappy with the council’s             a decision whether to grant the application or not, or to impose
       attached to your resource                     decision on your application and/or        certain conditions, based in part on what was heard at the hearing.
       consent                                       on your objection. The Environment
     • note whether you (or the council)             Court makes an independent
       are obliged to monitor compliance             decision and has the same power as
       with those conditions                         a District Court.
     • note whether the activity for
                                                     You need to make your objection
       which your resource consent has
                                                     or appeal in writing and within
       been granted has an expiry date
                                                     15 working days of receiving the
     • check the timeframe for starting              council’s decision. The Environment
       the activity. In many cases, the              Court process is quite long, and
       resource consent will lapse if                it can take at least 6 months for a
       work isn’t started within 5 years             decision to be reached. The courts
       from the date the consent was                 are based in Auckland, Wellington,
       granted.                                      and Christchurch, but also travel to
                                                     other centres.
     If your application is declined, or if it
     is granted subject to conditions that
     you are unhappy with, you have a
     couple of options.

                                                                                                      Note: Bear in mind that if submitters are unhappy with the council’s decision
                                                                                                 (on a notified application) they also have a right of appeal. If your application was
                                                                                                 publicly notified, you must allow time for people to lodge an appeal. In such cases,
              Note: Costs vary between councils, so check with the council responsible for       you can’t start work until the appeal period ends without any appeals being lodged
         the area in which you are going to build. However, you can expect to pay several        (15 working days) or after any appeals that are lodged are either determined or
         hundreds of dollars for a non-notified consent, and possibly several thousands          withdrawn. The appeal process can be very costly. The court submission costs are
         for a notified consent. You’ll probably pay a lodgement fee when you submit your        a small part of the total expenses. Consult a professional for advice if you want to
         application, and the rest when you receive the decision on your application. These      make an appeal or if any appeal is lodged against the council’s decision on your
         figures do not include the costs of getting an expert to prepare your application or    application by another party. They can tell you how much it will cost, how long it
         appear on your behalf at any hearing.                                                   will take, and your chance of success.
16                                                                                                                                                                                       17

     The council will inform you whether             You can make a formal objection to
                                                                                                If Tom and Mary hadn’t altered their preliminary designs, and the
     your application has been approved              the council. You will be able to attend
                                                                                                neighbours had not provided their written approval, the council
     or declined and provide you with                a hearing on your objection.               would have notified the application. The neighbours might then
     a copy of its decision. If your                                                            have made a submission opposing the application and asked to
                                                     You can also lodge a formal appeal         be heard at a hearing. Tom and Mary would have been given the
     application is approved, you should:
                                                     with the Environment Court if you          opportunity to be heard as well. The council would then have made
     • understand any conditions                     are unhappy with the council’s             a decision whether to grant the application or not, or to impose
       attached to your resource                     decision on your application and/or        certain conditions, based in part on what was heard at the hearing.
       consent                                       on your objection. The Environment
     • note whether you (or the council)             Court makes an independent
       are obliged to monitor compliance             decision and has the same power as
       with those conditions                         a District Court.
     • note whether the activity for
                                                     You need to make your objection
       which your resource consent has
                                                     or appeal in writing and within
       been granted has an expiry date
                                                     15 working days of receiving the
     • check the timeframe for starting              council’s decision. The Environment
       the activity. In many cases, the              Court process is quite long, and
       resource consent will lapse if                it can take at least 6 months for a
       work isn’t started within 5 years             decision to be reached. The courts
       from the date the consent was                 are based in Auckland, Wellington,
       granted.                                      and Christchurch, but also travel to
                                                     other centres.
     If your application is declined, or if it
     is granted subject to conditions that
     you are unhappy with, you have a
     couple of options.

                                                                                                      Note: Bear in mind that if submitters are unhappy with the council’s decision
                                                                                                 (on a notified application) they also have a right of appeal. If your application was
                                                                                                 publicly notified, you must allow time for people to lodge an appeal. In such cases,
              Note: Costs vary between councils, so check with the council responsible for       you can’t start work until the appeal period ends without any appeals being lodged
         the area in which you are going to build. However, you can expect to pay several        (15 working days) or after any appeals that are lodged are either determined or
         hundreds of dollars for a non-notified consent, and possibly several thousands          withdrawn. The appeal process can be very costly. The court submission costs are
         for a notified consent. You’ll probably pay a lodgement fee when you submit your        a small part of the total expenses. Consult a professional for advice if you want to
         application, and the rest when you receive the decision on your application. These      make an appeal or if any appeal is lodged against the council’s decision on your
         figures do not include the costs of getting an expert to prepare your application or    application by another party. They can tell you how much it will cost, how long it
         appear on your behalf at any hearing.                                                   will take, and your chance of success.
18                                                                                                                                                                                                       19

     Building consent process
     Step 8: Final design                              ask you for plans, specifications,                    The Building Act specifies that               If your application is approved, you
                                                       and the PIM. Generally the amount                     building consent applications must            should carefully read and be sure
     Engage a suitably qualified designer
                                                       of information required will depend                   be processed within 20 working                that you understand the conditions of
     to produce detailed plans and
                                                       on the complexity of your building                    days. The process goes on hold if             your building consent. The consent
     specifications for what you intend
                                                       project.                                              the council has to ask for any more           directs you to build what is shown in
     to build. These plans will support
                                                                                                             information, and it doesn’t start             your plans, and during inspections,
     your application for building consent
                                                          Moana prepares the plans and                       again until the council receives the          building officials will judge the work
     and, ultimately, guide your builder.
                                                          information to support Tom                         information it needs. If you get all          against those plans.
     If needed, engage any additional
                                                          and Mary’s application for                         your documents together before you
     experts to work with your designer
                                                          building consent. The application                  lodge your application, the process
     (eg, engineers).                                                                                                                                         Tom and Mary’s application
                                                          includes a recent certificate of
                                                                                                             should go quickly and smoothly.                  for building consent is
                                                          title and detailed plans showing
     Step 9: Apply for building                           the site and the foundations,
                                                                                                                                                              approved. Together with their
                                                                                                             An incomplete application will take
     consent                                              drainage, bracing and other
                                                                                                                                                              resource consent, they now
                                                                                                             council staff longer to process, and             have the permissions they
     You, (with assistance from a                         construction details associated
                                                                                                             they might charge you accordingly.               need to begin their project.
     representative such as your builder                  with the proposed extension.
                                                                                                             The fees may be based on the value
     or designer), then apply for a building
                                                                                                             of the proposed building work
     consent by filling in and lodging
                                                                                                             and/or the time it takes to complete
     with the council an application form,
                                                                                                             the assessment.
     other necessary information, and
     the relevant fee. Application forms                                                                     A council can grant or decline
     list each section of the Building                                                                       a building consent application.
     Code and ask you to show how                                                                            Generally, however, a consent
     your project meets the relevant                                                                         must be granted by a council if it is
     requirements. The council will also                                                                     satisfied that the provisions of the                                       APP
                                                                                                                                                                                           ROV
                                                                                                                                                                                              ED

                                                                                                             Building Code will be met.

                                 For more detailed information on applying for a building consent refer to
                            The Guide to Applying for a Building Consent (Simple Residential Buildings)
                       which is available on the Department of Building and Housing’s website.
                                                                                                                    Note: Some councils have fixed fees, while others charge variable fees for PIM and
                                                                                                                building consent processing and for each inspection. There may be government levies
                                                                                                                and possibly council development levies to pay. Check with the council and make sure
              Note: Ensure the final design meets any relevant conditions attached to your                      you know about all the fees and levies you will have to pay. You will also need
          resource consent.                                                                                     to pay a designer or other experts for their time should you use one to assist you.
18                                                                                                                                                                                                       19

     Building consent process
     Step 8: Final design                              ask you for plans, specifications,                    The Building Act specifies that               If your application is approved, you
                                                       and the PIM. Generally the amount                     building consent applications must            should carefully read and be sure
     Engage a suitably qualified designer
                                                       of information required will depend                   be processed within 20 working                that you understand the conditions of
     to produce detailed plans and
                                                       on the complexity of your building                    days. The process goes on hold if             your building consent. The consent
     specifications for what you intend
                                                       project.                                              the council has to ask for any more           directs you to build what is shown in
     to build. These plans will support
                                                                                                             information, and it doesn’t start             your plans, and during inspections,
     your application for building consent
                                                          Moana prepares the plans and                       again until the council receives the          building officials will judge the work
     and, ultimately, guide your builder.
                                                          information to support Tom                         information it needs. If you get all          against those plans.
     If needed, engage any additional
                                                          and Mary’s application for                         your documents together before you
     experts to work with your designer
                                                          building consent. The application                  lodge your application, the process
     (eg, engineers).                                                                                                                                         Tom and Mary’s application
                                                          includes a recent certificate of
                                                                                                             should go quickly and smoothly.                  for building consent is
                                                          title and detailed plans showing
     Step 9: Apply for building                           the site and the foundations,
                                                                                                                                                              approved. Together with their
                                                                                                             An incomplete application will take
     consent                                              drainage, bracing and other
                                                                                                                                                              resource consent, they now
                                                                                                             council staff longer to process, and             have the permissions they
     You, (with assistance from a                         construction details associated
                                                                                                             they might charge you accordingly.               need to begin their project.
     representative such as your builder                  with the proposed extension.
                                                                                                             The fees may be based on the value
     or designer), then apply for a building
                                                                                                             of the proposed building work
     consent by filling in and lodging
                                                                                                             and/or the time it takes to complete
     with the council an application form,
                                                                                                             the assessment.
     other necessary information, and
     the relevant fee. Application forms                                                                     A council can grant or decline
     list each section of the Building                                                                       a building consent application.
     Code and ask you to show how                                                                            Generally, however, a consent
     your project meets the relevant                                                                         must be granted by a council if it is
     requirements. The council will also                                                                     satisfied that the provisions of the                                       APP
                                                                                                                                                                                           ROV
                                                                                                                                                                                              ED

                                                                                                             Building Code will be met.

                                 For more detailed information on applying for a building consent refer to
                            The Guide to Applying for a Building Consent (Simple Residential Buildings)
                       which is available on the Department of Building and Housing’s website.
                                                                                                                    Note: Some councils have fixed fees, while others charge variable fees for PIM and
                                                                                                                building consent processing and for each inspection. There may be government levies
                                                                                                                and possibly council development levies to pay. Check with the council and make sure
              Note: Ensure the final design meets any relevant conditions attached to your                      you know about all the fees and levies you will have to pay. You will also need
          resource consent.                                                                                     to pay a designer or other experts for their time should you use one to assist you.
20                                                                                                                                                                                                    21

                                                                                                Completing your project
     If your application is declined, the                                                       Step 10: Engage a builder                            lapses, and you still want to do
     council will tell you the reasons why.                                                     and start construction                               the work, you will have to apply
     You may need to seek help from your                                                                                                             for a new building consent.
     expert advisors or council staff.                                                          Now that you have your resource
                                                                                                                                                 • The Building Act anticipates that
                                                                                                and building consents, you can get
                                                                                                                                                   building work will be completed
     If you believe the council is wrong                                                        to work! The next important step is
                                                                                                                                                   and a code compliance certificate
     you can ask the Department of                                                              to engage the contractor(s) who will
                                                                                                                                                   applied for within 2 years of the
     Building and Housing for a                                                                 carry out the work.
                                                                                                                                                   building consent being granted.
     determination. Determinations are
                                                                                                Here are some other important                      An extension to this 2-year period
     legally binding decisions on disputes
                                                                                                points to note as you work on your                 can be agreed with the council.
     or questions about the rules that apply
     to buildings. Go to the Department                                                         building:                                        • The council can issue a notice
     of Building and Housing’s website at                                                                                                          to fix if you don’t comply with
                                                                                                • Your building consent will lapse if
     www.dbh.govt.nz/determinations to                                                                                                             the Building Act; for example,
                                                                                                  you don’t start your building work
     find out more about determinations.                                                                                                           if you don’t follow your building
                                                                                                  within 12 months unless you
     Check the ‘previous determinations’                                                                                                           consent, or you don’t comply
                                                                                                  have made arrangements with
     on the website – some of them                                                                                                                 with the inspection process.
                                                                                                  the council for a longer period
     might be about situations like yours.                                                                                                         A notice to fix requires you to put
                                                                                                  to apply. If the building consent
                                                                                                                                                   right any breaches of the Building
     A determination can be appealed to                                                                                                            Act. You could be fined if you, or
     the District Court.                                                                                                                           your builder, fail to comply with a
                                                                                                                                                   notice to fix.

                                                                                                                          For more detailed information on licensed building practitioners refer to
                                                                                                                           the publication Occupational Licensing in the Building Sector which is
                                                                                                                            available on the Department of Building and Housing’s website.

                                                                                                        Note: A building consent is granted on the basis of specific drawings and
            Note: The council can add a condition to your building consent limiting or             specifications. This determines what you must build. You can’t change any details,
        preventing you from starting before any necessary resource consents are obtained           key materials, or products unless they are agreed in an amendment to the building
        or approved. This might happen in a situation where you applied for a building             consent. Depending on the significance of the change, the process for amending a
        consent without realising that you needed a resource consent. In such a situation the      building consent may be the same as for the initial application. If you want to change
        council will consider whether that resource consent (if obtained) is likely to impose      your plans before or during construction, you must tell the council. The council will
        conditions that will affect your building plans.                                           tell you what is required to amend the building consent.
20                                                                                                                                                                                                    21

                                                                                                Completing your project
     If your application is declined, the                                                       Step 10: Engage a builder                            lapses, and you still want to do
     council will tell you the reasons why.                                                     and start construction                               the work, you will have to apply
     You may need to seek help from your                                                                                                             for a new building consent.
     expert advisors or council staff.                                                          Now that you have your resource
                                                                                                                                                 • The Building Act anticipates that
                                                                                                and building consents, you can get
                                                                                                                                                   building work will be completed
     If you believe the council is wrong                                                        to work! The next important step is
                                                                                                                                                   and a code compliance certificate
     you can ask the Department of                                                              to engage the contractor(s) who will
                                                                                                                                                   applied for within 2 years of the
     Building and Housing for a                                                                 carry out the work.
                                                                                                                                                   building consent being granted.
     determination. Determinations are
                                                                                                Here are some other important                      An extension to this 2-year period
     legally binding decisions on disputes
                                                                                                points to note as you work on your                 can be agreed with the council.
     or questions about the rules that apply
     to buildings. Go to the Department                                                         building:                                        • The council can issue a notice
     of Building and Housing’s website at                                                                                                          to fix if you don’t comply with
                                                                                                • Your building consent will lapse if
     www.dbh.govt.nz/determinations to                                                                                                             the Building Act; for example,
                                                                                                  you don’t start your building work
     find out more about determinations.                                                                                                           if you don’t follow your building
                                                                                                  within 12 months unless you
     Check the ‘previous determinations’                                                                                                           consent, or you don’t comply
                                                                                                  have made arrangements with
     on the website – some of them                                                                                                                 with the inspection process.
                                                                                                  the council for a longer period
     might be about situations like yours.                                                                                                         A notice to fix requires you to put
                                                                                                  to apply. If the building consent
                                                                                                                                                   right any breaches of the Building
     A determination can be appealed to                                                                                                            Act. You could be fined if you, or
     the District Court.                                                                                                                           your builder, fail to comply with a
                                                                                                                                                   notice to fix.

                                                                                                                          For more detailed information on licensed building practitioners refer to
                                                                                                                           the publication Occupational Licensing in the Building Sector which is
                                                                                                                            available on the Department of Building and Housing’s website.

                                                                                                        Note: A building consent is granted on the basis of specific drawings and
            Note: The council can add a condition to your building consent limiting or             specifications. This determines what you must build. You can’t change any details,
        preventing you from starting before any necessary resource consents are obtained           key materials, or products unless they are agreed in an amendment to the building
        or approved. This might happen in a situation where you applied for a building             consent. Depending on the significance of the change, the process for amending a
        consent without realising that you needed a resource consent. In such a situation the      building consent may be the same as for the initial application. If you want to change
        council will consider whether that resource consent (if obtained) is likely to impose      your plans before or during construction, you must tell the council. The council will
        conditions that will affect your building plans.                                           tell you what is required to amend the building consent.
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