8.5 Tents, marquees, and similar lightweight structures

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What the law says

Schedule 1 of the Building Act 2004

Exemption 5. Tents, marquees, and similar lightweight structures

Building work in connection with any tent or marquee, or any similar lightweight structure (for example, a stall, booth, or compartment used at fairs, exhibitions, or markets) that:

(a) does not exceed 100 square metres in floor area; and

(b) is to be, or has been, used for a period of not more than 1 month.

How it works

This exemption also recognises the simple construction and temporary nature of stalls used at fairs, exhibitions (such as trade shows) and market events. Where there are multiple marquees, it is recommended that there is separation between them to reduce the risk of fire spreading and adequate means of escape for the expected number of people. When planning an event that requires multiple marquees, check with Fire and Emergency New Zealand for additional guidance to minimise the risk of fire.

The restrictions on maximum floor area have been imposed to avoid potential safety problems.

What is exempt

1. The owner of a restaurant puts up a marquee with a floor area of 80 square metres outside their restaurant to cater for extra patrons during a sports event. The marquee is dismantled the next day.
2. A large number of tents and marquees are erected on a sports ground for a three-day long wine and food festival. Each tent and marquee has a floor area that does not exceed 100 square metres. 
3. A tent is erected for the display of farm animals at a field show over the weekend. The tent has a floor area of 90 square metres.
4. A property owner erects a tent with a floor area of 90 square metres for a birthday function in their back yard. It will only be there for four days over the Easter weekend.
5. A 75 square metre stall is put up at a trade show for a week.
6. The owner of a weekend market stall increases the stall’s size from 50 square metres to 70 square metres.
7. The operator of a fun fair erects a number of booths for four weeks. The booths are not physically connected to each other and none of them have a floor area of more than 100 square metres. 
8. Following a recent increase in the number of car park users at an exhibition centre, an additional ticket booth is installed in the car park for a week until a more permanent solution can be found. The floor area of the booth is six square metres.

What needs consent

1. A marquee with a floor area of 125 square metres is erected for a function. Although the function is only for a night, the marquee is over the 100 square metre size limitation and will require a building consent.
2. A vineyard owner erects a marquee with a floor area of 75 square metres for wine tasting. They plan to keep the marquee up for three months over summer, so a building consent is required.
3. A circus company intends to erect a tent with a floor area of 300 square metres for its show. This exceeds the maximum allowable floor area of 100 square metres and will require a building consent.
4. Two 75 square metre marquees are erected and then joined together by an enclosed awning. This causes the size of the joined marquees to go beyond the 100 square metre limitation, so a building consent is required.
5. A café owner proposes to erect a permanent 90 square metre marquee for patrons to use. As she intends this marquee to remain in place for longer than a month, a building consent is required.
6. Organisers of a wine and food festival put up several 125 square metre stalls. As the area of each stall is greater than 100 square metres, a building consent is required.