4.5 Replacement or repositioning of water heater connected to controlled heat source

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Legally required professional: Authorised Plumber

What the law says

Schedule 1 of the Building Act 2004 

Exemption 38. Replacement or repositioning of water heater that is connected to, or incorporates, controlled heat source.

The replacement of any water heater (including the repositioning of an existing water heater) if the replacement water heater is connected to, or incorporates, a controlled heat source or, if connected to or incorporating more than 1 heat source, 2 or more heat sources all of which are controlled.

How it works

This exemption will not apply if a water heater has a heat source that is not controlled, such as a wetback connected to a solid-fuel heating appliance, or a solar thermosiphon system.

A controlled heat source has controls or devices that ensure the water temperature in the storage tank is no greater than 90 degrees celsius.

If the proposed scope of the building work is outside the scope of this or any other exemption (for example, adding solar water heating collectors to an existing water storage heater, which has provision for solar connection and is not being replaced or repositioned), we suggest that you consider applying to the council for a discretionary exemption. The council can then decide whether or not it will require a building consent. Before doing this, you should talk to the council to gauge whether or not it is prepared to exercise its discretion under exemption 2 on your project. See more information in territorial and regional authority discretionary exemptions.

Any repair or maintenance of part of a water heater (which may include the replacement of a component of the water heating system) falls outside the scope of this exemption. Section 4.3. Repair and maintenance of existing water heater (exemption 36) deals with repairs or maintenance of part of a water heater.

Replacing a hot water cylinder which is connected to an existing wetback falls outside this exemption (refer to section 4.4. Replacement of open-vented water storage heater connected to supplementary heat exchanger (exemption 37) for open-vented systems).

What is exempt

Water storage heaters

1. The owner replaces an existing valve-vented water storage heater with a thermostatically controlled valve-vented water storage heater, for example electric to electric, gas to gas, electric to gas, or gas to electric.
2. The owner replaces an existing open-vented water storage heater with a valve-vented water storage heater that has a controlled heat source.
3. The owner repositions an open-vented water storage heater, when in the new position it is connected to a controlled heat source.

Solar water storage heaters

1. The owner replaces or repositions an existing water storage heating system comprising a water storage heater that includes controlled solar water heating collectors.
2. The owner replaces or repositions an existing electric or gas water storage heater with a water storage heater system that includes controlled solar collectors.

Heat pump water storage heaters

1. The owner replaces a water storage heater with a heat pump water storage heater.
2. The owner replaces and repositions an internal water storage heater with an external heat pump water storage heater.
3. The owner replaces an external water storage heater with an external heat pump water storage heater.

Instantaneous water heaters

1. The owner replaces or repositions an instantaneous water heater that is thermostatically controlled.
2. The owner replaces an existing storage water heater with a gas instantaneous water heater.

What needs consent

1. The owner wants to add a solar collector to an existing water storage heater. A building consent is required (even if the existing water storage heater has provision for solar connection) because this exemption only covers replacement or repositioning of existing water heaters.
2. The owner wants to add a wetback (not a replacement wetback) connected to a water storage heater. A building consent is required because this exemption only covers replacement or repositioning of existing water heaters. Also the wetback is an uncontrolled heat source.
3. The owner wants to add a split heat pump (not a replacement split heat pump) to an existing water storage heater. A building consent is required because this exemption only covers replacement or repositioning of existing water heaters.