14.3 Permanent outdoor fireplaces and ovens

• Print
• Share

What the law says

Schedule 1 of the Building Act 2004

Exemption 28A. Permanent outdoor fireplaces and ovens

Building work in connection with a permanent outdoor fireplace or oven that:

(a) is on the ground; and

(b) is not covered by a roof or wall; and

(c) has an overall height of no more than 2.5 metres, and a cooking surface of no more than 1 square metre; and

(d) is at least 1 metre from any legal boundary or building; and

(e) disposes of smoke in a way that does not create a nuisance to people or a hazard to any property.

How it works

This exemption only applies to those fireplaces or ovens with a cooking or fire surface of no more than one square metre.

Outdoor fireplaces or ovens should be installed by a competent person in accordance with the manufacturer’s instructions and AS/NZS2918 (for domestic solid fuel burning appliances). Gas burning outdoor fireplaces or ovens must be installed by an authorised gasfitter.

AS/NZS2918 (for domestic solid fuel burning appliances) - standards.govt.nz

Freestanding fireplaces or ovens must be anchored and restrained as outlined in supplier/ manufacturer instructions. The fireplace or oven must not be covered by a roof or wall.

Even though an outdoor fireplace or oven can be constructed one metre from a boundary, a fire permit may require it to be three metres away in order to be lit.

• AS/NZS2918 Domestic solid fuel burning appliances – installation requirements for getting a fire permit from Fire and Emergency New Zealand - standards.govt.nz

Check with Fire and Emergency New Zealand and your local regional council regarding any local outdoor fire regulations, standards or permits before installing or using any permanent outdoor fireplace or oven. There may be additional rules associated with ‘smoke nuisance’ to surrounding properties areas. For example, you must not light your fire within three metres of a building, hedge or anything else that could catch fire according to the requirements of Fire and Emergency New Zealand.

What is exempt

1. A homeowner wishes to construct a free-standing and permanent pizza oven in the back yard with the minimum one metre distance from the street fence. The maximum cooking surface is less than one square metre, the top of the flue is 2.4 metres above the ground level and the oven is to be secured to the base in accordance with the manufacturer’s instructions.

What needs consent

1. Constructing a fire place attached to the existing dwelling or a shed.
2. A restaurant owner wants to build a freestanding fire place in the outdoor area of their restaurant. The surface fire area of the fire place is 2.25 square metres. A building consent is required for this building work as the fire surface exceeds one square metre.
3. A dwelling owner wants to build a fireplace under an existing roofed sun- shelter. The existing free-standing sun-shelter was built on the land and is enclosed by the roof and walls on two sides. A building consent is required for this building work because the fireplace is located in a roofed space.