Land Development Engineering

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Building Act New Zealand

  • 1.  Building Act New Zealand

    Posted 25-06-2021 09:50
    Hi all, recently our chief building officer issued a notice requiring a building consent for the construction of a public sewer in road reserve. The reason was the construction was being funded by a developer and constructed by a contractor. The engineering design, specification, and CAR was approved by Council's (Clutha District Council) services department and authorisation given to begin work. The building officer's reason was the works were not funded by Council. The alternative to applying for a building consent was to apply for an exemption under the Building Act section 1 Part 1 (2). The real question is, is a sewer a building under the Building Act ?. If so we would then have to condition for an exemption application in every subdivision consent containing works to be carried out by the developer to be taken over by Council. In my years since the RMA began I have never seen a request for a Building Consent. Has anyone else come across this "requirement"

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    Bevan Mullions
    Green Mullions Ltd
    New Zealand
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  • 2.  RE: Building Act New Zealand

    Posted 25-06-2021 14:36
    wow.  I think the installation of a drain that will become a public asset is exempt (I don't think the Act worries about who pays) but (like you say) probably more relevant is it even "Building works"?  I suggest not. It would be interesting to understand what checks the Building Authority undertook. Structural assessment?  A first for me too. If it catches on it would certainly change the industry.

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    Glenn Broadbent
    Auckland Council
    Principal Engineer
    Auckland
    New Zealand
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  • 3.  RE: Building Act New Zealand

    Posted 28-06-2021 10:06
    Hi there

    Pipework does not require a Building Consent refer Schedule 1 of the  Building Act



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    Peter Scott
    Auckland Transport
    Auckland
    New Zealand
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  • 4.  RE: Building Act New Zealand

    Posted 30-06-2021 14:14
    This query is quite timely as I have been told by a local TLA that a building consent is required to lay a sewer lateral to a new lot as part of a 3 lot subdivision.  In another case the same TLA said a building consent required for a couple of legs of DN150 wastewater main within a development because it was not going to be vested in council.  I argued the point and the TLA agreed they would vest the new reticulation so a consent not needed.  The engineering plans had been approved separately by the TLA.  This building consent requirement seems to be gaining momentum as there are two TLA's around my local area that I know of that have taken this course of action.  There is not a universal agreement within one of the TLA's either to muddy the waters.  Getting a definitive ruling on this would be great.


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    Phil O'Connor
    Phil O'Connor Consulting
    Palmerston North
    New Zealand
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  • 5.  RE: Building Act New Zealand

    Posted 30-06-2021 20:55
    Hi Philip

    There is good guidance on what requires a Building Consent on the MBIE website.

    Refer topic

    Building work that doesn't need a building consent | Building Performance

    There may also be a determination on this matter.

    If not, you can apply for a determination to clarify the Building Act requirements..


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    Peter Scott
    Auckland Transport
    Auckland
    New Zealand
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