If you're making alterations to an existing building, 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)
- continued compliance with the other provisions of the Building Code to at least the same extent as before the alteration.
To be satisfied that consideration of Section 112 has been undertaken, Council will assess the extent to which the proposed upgrade will be effective to bring the building to the relevant Building Code standards. As part of the building consent application, building owners will need to provide an evaluation of:
- what should be in the building to satisfy 1 and 2 above as if this building was new
- what is currently in the building
- what is proposed to bring this building toward the standard required by items 1 and 2 above.
The evaluation should also detail the benefits and sacrifices required so Council can consider what is ‘reasonably practicable’.
Changing the use of a building
Section 115 of the Building Act 2004 will apply. This section ensures that when changing the use of a building, the current building stock is being upgraded toward the current provisions of the Building Code, specifically relating to:
- means of escape from fire, along with protection of other property, sanitary facilities, structural performance, and fire-rating performance
- facilities for persons with disabilities (if this is a requirement in terms of section 118)
- continued compliance with the other provisions of the Building Code to at least the same extent as before the change of use.
In the same way, Council will need to assess the extent to which the proposed upgrade will be effective to bring the building to the relevant Building Code standards. As part of the building consent application, building owners will need to provide an evaluation of:
- what should be in the building to satisfy 1 and 2 above as if this building was new
- what is currently in the building
- what is proposed to bring this building toward the standard required by items 1 and 2 above.
The evaluation should also detail the benefits and sacrifices required so Council can consider what is ‘reasonably practicable’.
You also need to let 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. (see section 116A of the Building Act).
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, Council can approve an ‘extension of life’ if we 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 provide us with 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 Council for an appointment.