Everything you need to know

Last updated: 17 September 2025

Before you start a building project, there are several things you should understand to ensure your build goes smoothly and you get the best outcome.

Purpose

This is guidance to building work that does not require a building consent under the Building Act 2004 (the Act). It lists all building work that doesn’t need a building consent, with guidance to support compliance with the New Zealand Building Code.

Who is this guidance for

Building and home owners who are planning building work and carry out building work themselves.
Trade and sector professionals who may carry out building work or provide advice.
Councils, building consent authorities and regional or territorial authorities who may provide advice about what does or does not need a building consent.

How to use this guidance

This guidance provides information on each building consent exemption. To get started, we suggest you read the sections on:

the context for exempt work
seeking advice
building owners' responsibilities
amendments to building consent exemptions
the relevant exemption for the work you wish to carry out.

The building consent exemptions have been grouped by building project type to help homeowners and trade sector professionals easily find the information they need, depending on the type of work they’d like to carry out. To search by exemption number (clause), refer to the Exemptions Index.

More information

Some work is exempt

Aotearoa New Zealand’s building legislation provides for some building work that does not require a building consent. The list of building work includes conditions to manage risk.

The list of building work that does not require a building consent is provided under Schedule 1 of the Building Act 2004.

We use the term ‘exemption’ in this guidance document to refer to a clause in Schedule 1 of the Building Act 2004. For example, ‘exemption 2’ refers to clause 2 of Schedule 1.

For more information see

The technical requirements for exempt building work section describes building work for which a building consent is not required. Detailed information and several examples are provided in this guidance. All building work, whether it needs a building consent or is exempt, must still comply with the Building Code and other relevant legislation including:

Offences and penalties

A responsible authority such as the council can issue a notice to fix. A notice to fix is a warning to correct an instance of non-compliance with the Building Code and/or Building Act 2004. For example, non-compliance with the requirement to obtain a building consent where necessary or the requirement for all building work to comply with the Building Code. It is an offence to fail to comply with a notice to fix. On conviction (other than a conviction relating to restricting access to a residential pool), you are liable for a maximum fine of $200,000 and a further $20,000 for each day the offence is continued. An instant fine of $1,000 can also be issued if a notice to fix is not complied with.

Certificate of Acceptance

Exemptions are not retrospective. If you carry out unconsented building work which was not exempt at the time the work was undertaken, you will need to apply to your local council for a certificate of acceptance. You can only apply for a certificate of acceptance if building work was carried out without a building consent from 1 July 1992 (as this is when the building consent provisions of the Building Act 1991 came into force) onwards, or in specific circumstances, when a code compliance certificate can’t be issued. For further information, please contact your council.

Ask for advice

As a home or building owner, you are responsible for:

determining whether or not your building work is exempt from requiring a building consent or not
making sure that any exempt building work complies with the Building Code and other relevant legislation.

If you are not sure whether your building work is exempt, it is important to get advice from a professional who has building knowledge and expertise. Even if your building work is exempt, you can still apply for a consent from your local building consent authority if you would like extra peace of mind that your plans are compliant. For example, if you are seeking a bank loan, for insurance purposes, or to ensure the property records are up to date when you are selling the property.

Who you can ask for advice:

building consent authority (usually your local council), as they have extensive building control expertise and planning expertise, as well as information about exemptions and building consent processes. (They may charge a fee for this)
Registered Architect
Chartered Professional Engineer
Registered Building Surveyor
building consultant
Registered Electrician
Licensed Building Practitioner (LBP) – check they hold the relevant licensing class before seeking advice
registered certifying plumber or drainlayer
Independent Qualified Person (IQP).

Discretionary exemptions

You can apply for a discretionary exemption through your local council if the building work is low risk, complies with the Building Code, and is unlikely to endanger people or property. Talk to your council first before applying.

Who can undertake exempt work

Some exempt building work requires that an authorised professional carry out, supervise, design or review the design of the proposed work. These professionals include:

Chartered Professional Engineers for work that must be designed or have the design reviewed by a Chartered Professional Engineer, who is registered under the Chartered Professional Engineers of New Zealand Act 2002
Plumbers and drainlayers for work that must be carried out by a person authorised under the Plumbers, Gasfitters and Drainlayers Act 2006
Licensed Building Practitioners (LBP) for work that must be carried out or have the design and construction supervised by a LBP, who is registered under Part 4 of the Building Act 2004

Chartered Professional Engineers of New Zealand Act 2002 — legislation.govt.nz

Plumbers, Gasfitters and Drainlayers Act 2006 — legislation.govt.nz

Building Act 2004, Part 4 – Regulation of building practitioners — legislation.govt.nz

Some other registered or licensed practitioners are deemed to be LBPs for the purpose of licensing. These practitioners are entitled to use any LBP-related exemptions due to their registration or licence with another regulatory authority. Practitioners deemed to be licensed are as follows:

Registered Architects are deemed to be licensed in Design
Chartered Professional Engineers are deemed to be licensed in Design and Site
Certifying plumbers are deemed to be licensed in roofing, external plastering and bricklaying and blocklaying.

Authorised professionals will be registered with their respective professional body. Each professional body has to have a public register, which enables you to check that your tradesperson or designer is authorised to carry out the work as an authorised person.

You can access the relevant public registers below:

Register of Plumbers, Gasfitters and Drainlayers — pgdb.co.nz
Register of Chartered Professional Engineers — engineeringnz.org
Register of Licensed Building Practitioners — lbp.govt.nz
Register of Architects — nzrab.nz
Register of Electricians — kete.mbie.govt.nz
IQP registers which are managed by your local council

There are also some exemptions that don’t require an authorised professional. However, some of this building work may be too complex to complete without construction experience or technical understanding of the Building Code and other relevant legislation. If you’re not sure how to comply, seek advice from a professional before you start your project.

Before you start

Exempt work compliance

Exempt building work must comply with the Building Code. After the building work is completed, if the building complied with the Building Code immediately before the work commenced, the building must continue to comply. If the building did not comply immediately before the work began, the building must continue to comply at least to the same extent as it did previously (in essence, you cannot make the building a lower standard than prior to commencing the work).
Non-compliant building work may affect any insurance cover on the building, as well as any future sale and purchase of the property.
Exempt work must comply with any other relevant legislation, such as the Resource Management Act 1991.
Exempt building work as scoped and defined within Schedule 1 is not restricted building work as a building consent is not required (section 401B of the Building Act). However, if you engage an LBP, they are still accountable to the LBP board. A complaint could be lodged if non-compliant or unsatisfactory work is undertaken. All exempt building work is still required to meet the Building Code and other responsibilities of owners, designers, and builders still apply. Section 401B of the Building Act 2004 — legislation.govt.nz

Selling property with work that has been exempted

To avoid possible issues when on-selling your property, you should formally notify your council and provide them with any relevant documentation (such as drawings, specifications and photographs) if you have completed exempt building work.

By providing this information, the council can update your property file. By taking this action, it may avoid difficulties when potential purchasers check the council’s records and discover that the records do not align with what is seen on site. Councils may charge for this process.

Note that documentation on exempt building work lodged with the council does not mean that the council has checked the building work and/or plans. If signoff of the building work is desired (such as a code compliance certificate), then you will need to apply for a building consent prior to the building work being started or apply for a certificate of acceptance.

Checklist

Before starting any exempt building work, it you should complete the following steps during the planning stage:

Read this guidance document
Consult with a professional and/or your local council
Check your plans are compliant with other relevant legislation such as the Resource Management Act 1991 (rules and standards set in council plans and national environmental standards) and district plans and by-laws under the Local Government Act 2002 (bylaws)
Check your plans and specifications are compliant with the Building Code
To find out if your building work needs a building consent visit MBIE’s online tool – canibuildit.govt.nz

If you’d like your property file updated, consider letting your council know when you have finished your project. If in doubt about the compliance of your building work, apply for a building consent before you start the work.

The basics of the building code

MBIE has learning modules to help those who are new to the building code and carrying out work in the building and construction sector. Make sure you are familiar with these basics before starting your building project.

NZ Building Regulatory System Modules