1.5 Removal of structures
A building consent is not required to remove any of the structures referred to in exemptions 39 to 49 if you engage a Chartered Professional Engineer to obtain technical advice on the removal.
Legally required professional: Chartered Professional Engineer.
What the law says
Schedule 1 of the Building Act 2004
Exemption 50. Removal of structures
The removal of any of the structures referred to in exemptions 39 to 49, whether or not the design of the structure has been carried out or reviewed by a chartered professional engineer.
How it works
You are not required to prove the existing structure was designed or reviewed by a Chartered Professional Engineer when it was built.
Structures referred to in exemptions 39 to 49:
| Exemption number | Section number | Name |
|---|---|---|
| 39 | 12.2 | Signs |
| 40 | 14.5 | Plinths |
| 41 | 13.3 | Retaining walls over three metres |
| 42 | 10.2 | Certain public playground equipment |
| 43 | 2.3 | Single-storey detaching building exceeding 10 but not exceeding 30 m2 in floor area (where kitset or prefabricated) |
| 44 | 8.2 | Carports exceeding 20 but not exceeding 40 m2 in floor area |
| 45 | 8.7 | Awnings exceeding 20 but not exceeding 30 m2 in size |
| 46 | 6.2 | Porches and verandas exceeding 20 but not exceeding 30 m2 in floor area |
| 47 | 7.2 | Short-span bridges on private land |
| 48 | 14.2 | Ground-mounted solar panel arrays exceeding 20 but not exceeding 40 m2 (outside rural zones) |
| 49 | 2.6 | Single-storey pole sheds and hay barns |
What is exempt
- The owner removes a billboard from the side of a multi-storey apartment building.
- The new owner of a licensed childcare centre decides to remove a 4.5 metre high slide constructed by the previous owner.
What needs consent
- Removing a four-metre-high rural retaining wall which is supporting other structures (such as a driveway and building).