28. Private household playground equipment

Backyard swing and play hut

Playground equipment doesn't require a building consent if it's for a single private household, and no part of it exceeds 3 metres above supporting ground level.

What the law says

Subject to section 42A of the Building Act, Schedule 1 exempts the following from a building consent:

Building work in connection with playground equipment if:

(a) the equipment is for use by a single private household; and
(b) no part of the equipment exceeds 3 metres in height above the supporting ground level.

Guidance on the exemption

Playground equipment can be built to a maximum height of 3 metres for use by a single private household under this exemption.

Building work relating to playground equipment on publicly accessible sites is not covered by this exemption. However, it may fall under exemption 42 (certain public playground equipment).

Example where this exemption could apply

Owners of a dwelling intend to install a playhouse and slide in their garden for their 4 year old child. The highest part of the equipment is less than 3 metres above the supporting ground.

Example where building consent is required

Homeowners intend to install a swing and slide in their garden for their children. The top of the swing set and the platform giving access to the slide (which is also fitted with 1 metre high safety barriers) is 3.5 metres above the supporting ground, and therefore requires a building consent.

This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people: