Alterations to an existing building (section 112)

If your application is for an alteration to an existing building, you need to consider section 112 of the Building Act 2004 and provide supporting information to satisfy us that:

• The building will comply as nearly as is reasonably practicable, with the building code provision for means of escape from fire and access and facilities for persons with disabilities (where this is a requirement). This may involve a costs and benefits assessment where the sacrifices and difficulties of achieving full compliance are balanced against the advantages of upgrading.
• The building will continue to comply with other provisions of the building code at least the same extent as before the alteration.

MBIE’s website has further information on issuing building consent for alterations to existing buildings here.

Change of use of a building (section 115)

Every building is designed for a specific use and needs to meet Building Code requirements that will ensure it will be safe, healthy and durable when used in the way it was designed. If that use changes, the building may need to be altered to support the new use.

If a building owner intends to change the use of a building (or part of a building) they must first give notice in writing to the Council of that intention and have received confirmation from the Council that the change is approved.

A building consent may be required depending on the change of use and the work required to comply with the building code for the new use.

A change of use occurs when both:

• the use of a building or part of a building changes from one use to another as defined in the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005
• and the new use has more onerous or additional Building Code requirements than the old use.

View https://www.building.govt.nz/managing-buildings/change-of-use-and-alterations for more information.

Buildings with specified intended lives (section 113 and 116)

Section 113 allows you to propose a building with an intended life of less than 50 years. This will be stated on the building consent application form.

When we assess your application, we will decide if it is applicable to grant the building consent with a specified intended life subject to the conditions required by section 113, Building Act 2004

The standard condition will state that the building must be altered, removed or demolished on or before the end of the specified intended life. Council will also add to the condition that the owner of the building must give written notice to the Council if the owner proposes to extend the life of the building with the specified intended life.

The owner of the building must not extend the building’s life without the written consent of the Council (Territorial Authority) as per section 116 Building Act 2004.

The territorial authority can only give its consent if it is satisfied that the building has been altered in accordance with the condition, and it will comply with section 112 of the Building Act 2004.

Subdivision of an existing building (section 116A)

The Council cannot issue a certificate under section 224(f) (Resource Management Act 1991) that is affecting a building or part of a building unless it has considered section 116A of the Building Act 2004. The Council will need to be satisfied on reasonable grounds that the building will comply, as nearly as is reasonably practicable, with every provision of the Building Code that relates to one or more of the following.

• Means of escape from fire.
• Access and facilities for people with disabilities (if this is a requirement for the building).
• Protection of other property.

The building must also continue to comply with the other provisions of the Building Code to at least the same extent as before the subdivision application was made.