Buildings Under Exemptions May Still Need Resource Consent

Recently Government announced exemptions to the Building Act which mean building consents may no longer be required for certain small builds. Before you rush out to buy building materials be aware that the devil is in the detail.

Planning provisions and local district plans still apply to any new buildings on your property. Currently planning rules are triggered at the time you apply for building consents with a notice issued that you cannot build until you have obtained any necessary resource consents. Under the new exemptions that came into effect 20 August 2020, that trigger will not automatically happen, but the responsibility to obtain any necessary resource consents still applies.

You may think that because council are not checking if you need a resource consent, then you will get away without the required paperwork under the RMA. However, the legal obligation as the landowner and the potential effect on the resale value of your property of not having the legal requirements in place, may come back to get you or your children when selling.

So if you are thinking of building a new  30 m² sleepout with a sneaky kitchen included, or a new 40 m² car port, be aware you cannot simply slap it up and “she’ll be right mate”. Along with planning rules still applying, there are requirements for construction supervision by a Licenced Building Practitioner (LBP) to meet the exemptions.

In many cases there are building setbacks from boundaries with other neighbours to ensure you do not create shade or reduce privacy for you neighbours, and often the resource consents process seeks that you get written approval from these neighbours for such breaches.

Additional small buildings can be used for many different reasons, including to set up a small business operating from home. While these may seem like a sensible use of a building, such activities may require a resource consent if they do not meet the criteria home occupations including number of staff who do not live on the site, and the nature of the business.

If the new Building Act exemptions have you itching to get to the hardware store, take a deep breath and double check with Council if you need a resource consent, and if you meet the criteria of the Building Act exemptions. In this day and age, a she’ll be right approach will not do you any favours in the long term, especially when it comes time to sell your home.