8.4 Shade sails

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This exemption recognises the relatively simple, low-risk nature of shade sails. These are usually made of fabric and either attached to the outside of a building or freestanding with their own support structures. They are often used to cover a deck, patio or children’s play equipment to provide sun protection.

What the law says

Schedule 1 of the Building Act 2004

Exemption 19. Shade sails

Building work in connection with a shade sail made of fabric or other similar lightweight material, and associated structural support, that:

(a) does not exceed 50 square metres in size; and

(b) is no closer than 1 metre to any legal boundary; and

(c) is on the ground level, or, if on a building, on the ground or first-storey level of the building.

How it works

While there may be significant wind loadings on shade sails – something that should be carefully considered during their design and assembly – there is very little building work involved in their construction or installation apart from erecting and making connections to structural supports.

If you are attaching shade sails to the exterior of a building, you need to pay particular attention to weathertightness detailing. All mechanical connections which penetrate the building envelope and provide support to shade sails, such as nuts, bolts and coach screws, must prevent moisture from getting into the building.

What is exempt

1. A shade sail is to be installed above a deck at the first storey level of a dwelling located in the middle of a large rural property. The proposed shade sail has a total area of 20 square metres and meets all Building Code requirements.
2. A shade sail is to be erected above a sandpit at a childcare centre. The proposed shade sail has a total area of 42 square metres and is two metres away from the nearest boundary.
3. A number of shade sails, each 12 square metres in size, are to be erected in a public park. These will not be closer than one metre to a legal boundary.
4. The owner of a café decides to install several shade sails, each nine square metres in size, in an outdoor courtyard to provide sun protection for customers.
5. An old shade sail, 20 square metres in size, above a patio at ground level is to be replaced with a shade sail of 30 square metres.

What needs consent

1. A shade sail with an area of 30 square metres is to be installed above a balcony on the fifth floor of an apartment block. As this will be located on other than the ground or first storey level of the building, a building consent is required.
2. A shade sail is to be erected above a play area at a kindergarten. The proposed shade sail has a total area of 50 square metres and will be located on the boundary. As it will be closer than one metre from the legal boundary, the kindergarten will need to obtain a building consent.
3. A shade sail with an area of 60 square metres is to be installed above an open courtyard at a shopping complex. Since the shade sail will be greater than 50 square metres, a building consent is required.