If you're making alterations to an existing building, where a building consent is required, section 112 of the Building Act 2004 has to be considered.
Section 112 (1) of the Act requires Council, as the Building Consent Authority, to be satisfied that after the alterations the building will comply, as nearly as is reasonably practicable, with the current provisions of the Building Code that relate to:
- means of escape from fire
- access and facilities for persons with disabilities (if this is a requirement in terms of section 118)
- And after the alteration (or part) of an existing building, the building will continue to comply with the Building Code to at least the same extent as before the alteration.
All new building work must comply with the Building Code.
Changing the use of a building - Sections 114 & 115 of the Building Act 2004 will apply.
In these sections, change the use, in relation to a building, means to change the use of the building in a manner described in the regulations.
For example:
- Changing a single independent dwelling to two independent dwellings. (ie. Flats)
- Changing a retail store to a restaurant/café.
This means that under the Building Act, an owner must not change the use of an existing building unless and until the territorial authority gives notice that it is satisfied that the new use of the building will comply with all or certain specified provisions of the Building Code and will continue to comply with the rest of the Building Code to the same extent as before.
Where there is a change of use, the owner must notify the territorial authority of how the provisions of s115 are to be met.
This notification could be in conjunction with:
Any notification of a change of use to demonstrate how the provisions of s115 are to be met should be provided by a suitably qualified person who is familiar with the relevant legislation. (For example; Building Surveyor, Engineer, Architectural Draughtsman)
Any notification should demonstrate that in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects (with all the relevant clauses of the Building Code); and
In any other case, that the building, in its new use, will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to
- means of escape from fire,
- protection of other property,
- sanitary facilities,
- structural performance,
- fire-rating performance,
- and facilities for persons with disabilities. (if this is a requirement in terms of section 118)
New building work must comply with the building code.
Additionally, the notification should demonstrate the building will continue to comply with the other provisions of the Building Code to at least the same extent as before the change of use.
Subdivision
You also need to let the Council know if you intend to subdivide land in a way that affects a building – e.g. if you are dividing a large house into multiple units.
Extending the life of a building
Some buildings have a specified intended lifespan, either due to code compliance inadequacies or because they were constructed to be temporary buildings. When a building consent is issued on a building like this, it is subject to the condition that it be altered, demolished or removed before the end of its life.
However, the Council can approve an ‘extension of life’ if they are satisfied that the building can continue to perform for a longer period.
If you would like to extend the life of a building, you’ll need to give the council written notice.
Book an appointment with a building officer.
We recommend that you make an appointment with a building officer early in the design process (before you lodge your building consent application) to discuss any concerns. Meetings must be booked at least two working days before they are required. Please phone the Council for an appointment.
Book time with Building Officer