4.7 Alteration to existing sanitary plumbing (excluding water heaters)

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Legally required professional: Authorised Plumber

What the law says

Schedule 1 of the Building Act 2004

Exemption 35. Alteration to existing sanitary plumbing (excluding water heaters)

1. Alteration to existing sanitary plumbing in a building, provided that:

(a). the total number of sanitary fixtures in the building is not increased by the alteration; and

(b). the alteration does not modify or affect any specified system.

2. Subclause (1) does not include an alteration to a water heater.

How it works

This exemption is only as long as these alterations do not increase the number of sanitary fixtures within any existing building and they do not modify or affect any specified system.

If you are not sure if this exemption applies to your proposed building work, you should either seek a discretionary exemption from the council or apply for a building consent rather than risk applying it incorrectly.

Alterations to water heaters are specifically excluded from this exemption. However, there is still some building work in relation to water heaters which does not require a building consent: this is covered in exemptions 36, 37 and 38 in sections:

• 4.3. Repair and maintenance of existing water heater (exemption 36),
• 4.4. Replacement of open-vented water storage heater connected to supplementary heat exchanger (exemption 37) and
• 4.5. Replacement or repositioning of water heater connected to controlled heat source (exemption 38). 

Any plumbing work under this exemption must be carried out by an authorised person, otherwise it is not exempt work.

Where sanitary plumbing work could adversely affect the structural performance of structural elements such as floor joists or wall framing, the work may require a building consent. If you are not sure, you should seek professional advice first from a Licensed Building Practitioner, Chartered Professional Engineer, Registered Architect, building consultant, Registered Building Surveyor or accredited building consent authority.

What is exempt

1. A homeowner repositions or replaces sanitary fixtures such as a bath, bidet, wash hand basin, shower or toilet pan within an existing bathroom in a dwelling.
2. A homeowner moves a toilet pan from a toilet compartment into an adjacent existing bathroom in a dwelling.
3. A homeowner proposes to remodel an existing kitchen within the same space, leaving the kitchen sink in the same position.
4. An existing laundry tub in a dwelling will be moved to a new location within the adjacent kitchen.
5. A homeowner relocates, removes or shifts an existing hose tap.
6. A homeowner wants to remove a bath with a shower over it and replace this with a new proprietary shower enclosure and a new bath within the existing bathroom space. As the existing bath/shower arrangement has two sanitary fixtures, each fixture can be replaced and relocated without the need for a building consent.

What needs consent

1. The homeowner wants to move a vanity, bath and shower within an apartment of a multi-level building. This building work involves new penetrations through a fire separation, which is a specified system, so a building consent is required.
2. An ensuite is proposed which includes the addition of a shower, hand basin and toilet. These sanitary fixtures are additional to those that already exist in the building, so a building consent is required.
3. A restaurant owner decides to increase the number of sanitary fixtures to allow for increased customer capacity. This work will require a building consent.
4. The owner wants to install a new testable backflow prevention device in a building that is not a dwelling. As this device is a specified system, a building consent is required and the compliance schedule will also need to be amended.
5. The homeowner wants to install a tiled wet area shower. Exemption 12 of Schedule 1 (Internal linings and finishes in existing dwelling) does not exclude wet area membranes as internal lining, so a building consent is required.