Work you can do without a building consent
Last updated: 22 October 2025
Before you start a building project, there are several things you should understand to ensure your build goes smoothly and you get the best outcome.
Purpose
Aotearoa New Zealand’s building legislation allows certain types of low risk building work to be carried out without a building consent, provided specific conditions are met to manage associated risks.
These exempt building activities are listed in Schedule 1 of the Building Act 2004 — legislation.govt.nz
Navigating the guidance and webpages
MBIE has guidance on each building consent exemption which includes examples of what is and is not exempt.
The building consent exemptions have been grouped by building project type in the guidance document to help homeowners and trade sector professionals easily find the information they need, depending on the type of work they’d like to carry out. To search by exemption number (clause), refer to the Exemptions Index in the guidance document.
We use the term ‘exemption’ in the guidance document to refer to a clause in Schedule 1 of the Building Act 2004. For example, ‘exemption 2’ refers to clause 2 of Schedule 1.
What to consider before doing any building work
Before beginning any building work, it’s important to determine whether you need a building consent. This webpage will help you understand what types of work are exempt under the Building Act, when to involve your local council, and when to seek professional advice.
To ensure your project runs smoothly and achieves the best outcome, there are several key things to consider. Your council can advise you on any district or regional plans that may require resource consent or other approvals.
Our guidance provides detailed information on each building consent exemption. To get started, we recommend reading this webpage to understand the conditions that must be met to carry out building work without needing a building consent.
You can use our online tool to check whether your project needs a building consent:
Do you need a building consent? — canibuildit.govt.nz
Ask for advice
As a home or building owner, you are responsible for:
- determining whether or not your building work is exempt from requiring a building consent
- making sure that any exempt building work complies with the Building Code and other relevant legislation.
If you are not sure whether your building work is exempt, it is important to get advice from a professional with the appropriate building knowledge and expertise.
Even if your building work is exempt, you can still apply for a consent from your local building consent authority if you would like extra peace of mind that your plans are compliant. For example, if you are seeking a bank loan, for insurance purposes, or to ensure the property records are up to date when you are selling the property.
Who you can ask for advice:
- Building consent authority (usually your local council), as they have extensive building control expertise and planning expertise, as well as information about exemptions and building consent processes (they may charge a fee for this).
- Registered Architect
- Chartered Professional Engineer
- Registered Building Surveyor
- Building consultant
- Registered Electrician
- Licensed Building Practitioner (LBP) – check they hold the relevant licensing class before seeking advice
- Registered certifying plumber or drainlayer
- Independent Qualified Person (IQP).
You may need to pay a building consent authority or other advisor for their advice.
The Building Code
All building work, whether it needs a building consent or is exempt, must comply with the Building Code and other relevant legislation. Detailed information and several examples are provided in the exemption pages and the guidance document.
Refer to Relevant legislation
Also see Ensuring building work complies with the law
After building work is completed, if the building complied with the Building Code immediately before the work commenced, the building must continue to comply. If the building did not comply immediately before the work began, the building must continue to comply at least to the same extent as it did previously (in essence, you cannot make the building a lower standard than prior to commencing the work).
MBIE has learning modules to help those who are new to the building code and carrying out work in the building and construction sector. Make sure you are familiar with these basics before starting your building project.
NZ Building Regulatory System Modules — learning.building.govt.nz
Exempt work compliance
Non-compliant building work may affect any insurance cover on the building, as well as any future sale and purchase of the property.
Exempt work must comply with any other relevant legislation, such as the Resource Management Act 1991 — legislation.govt.nz
Exempt building work as scoped and defined within Schedule 1 is not restricted building work as a building consent is not required (section 401B of the Building Act). However, if you engage an LBP, they are still accountable to the LBP Board. A complaint could be lodged if non-compliant or unsatisfactory work is undertaken. All exempt building work is still required to meet the Building Code and other responsibilities of owners, designers, and builders still apply.
Section 401B of the Building Act 2004 — legislation.govt.nz
Carrying out exempt work
Some exempt building work can be carried out by anyone, while others need the help of an authorised professional. As a building owner, you are responsible for:
- deciding whether or not your building work is exempt
- making sure that any exempt building work complies with the Building Code.
You may want to contract a licensed building practitioner for some types of work – even if you don't need a consent.
You can still choose to apply for a building consent, even if building work is exempt, if you would like extra peace of mind that your plans are compliant. Your local council must process your application.
On completion of any exempt building work, the altered building must comply with the Building Code to at least the same extent as it did before the building work was undertaken.
Who is an authorised professional
Some exempt building work requires that an authorised professional carry out, supervise, design or review the design of the proposed work. Authorised professionals include:
- Chartered Professional Engineers for work that must be designed or have the design reviewed by a Chartered Professional Engineer, who is registered under the Chartered Professional Engineers of New Zealand Act 2002
- Plumbers and drainlayers for work that must be carried out by a person authorised under the Plumbers, Gasfitters and Drainlayers Act 2006
- Licensed Building Practitioners (LBP) for work that must be carried out or have the design and construction supervised by a LBP, who is registered under Part 4 of the Building Act 2004.
Some other registered or licensed practitioners are deemed to be LBPs for the purpose of licensing. These practitioners are entitled to use any LBP-related exemptions due to their registration or licence with another regulatory authority. Practitioners deemed to be licensed are as follows:
- Registered Architects are deemed to be licensed in Design
- Chartered Professional Engineers are deemed to be licensed in Design and Site
- Certifying plumbers are deemed to be licensed in roofing, external plastering and bricklaying and blocklaying.
Choosing an authorised professional to help you with your project
Authorised professionals will be registered with their respective professional body. Each professional body must have a public register, which enables you to check that your tradesperson or designer is authorised to carry out the work as an authorised person.
Choosing a licensed building practitioner
Choosing the right people for your project
Involving your Council
Discretionary exemptions
If the scope of your building work is marginally beyond the scope of a particular exemption, you can apply to your local council for a discretionary exemption.
This means your council can use its discretion in deciding whether your project needs a building consent. You should talk to your council before you make the application to see if it is a possibility.
Find out more about discretionary exemptions
Urgent work
If you are a building owner, you must apply to your council for a certificate of acceptance if you do not obtain a building consent because building work needs be carried out urgently.
Exemptions are not retrospective. If you carry out unconsented building work not covered by an exemption in the legislation in force at the time, you need to apply to your council for a certificate of acceptance.
How to apply for a certificate of acceptance
Certificate of Acceptance
What to do if work was done without a building consent but should have had one.
Exemptions are not retrospective. If you carry out unconsented building work which was not exempt at the time the work was undertaken, you will need to apply to your local council for a certificate of acceptance.
You can only apply for a certificate of acceptance if building work was carried out without a building consent from 1 July 1992 (as this is when the building consent provisions of the Building Act 1991 came into force) onwards, or in specific circumstances, when a code compliance certificate can’t be issued.
Note that the rules that were in force at the time the building work was undertaken will apply when a certificate of acceptance is considered.
For further information, please contact your council.
Failing to have a building consent
You are breaking the law if you carry out building work that is not exempt and do not have a building consent.
You may be fined up to $200,000 and, if work continues, a further fine of up to $20,000 for every day or part-day during which the offence continues.
Your council can also:
- issue you a 'notice to fix' for carrying out building work without consent
- give instant fines of up to $1000, and
- remove the building work if it is dangerous or insanitary.
Offences and penalties for not complying with the Building Code
Legal consequences of non-compliance with the Building Code.
A responsible authority such as the council can issue a notice to fix.
A notice to fix is a warning to correct an instance of non-compliance with the Building Code and/or Building Act 2004. For example, non-compliance with the requirement:
- to obtain a building consent where necessary, or
- the requirement for all building work to comply with the Building Code.
It is an offence to fail to comply with a notice to fix. On conviction (other than a conviction relating to restricting access to a residential pool), you are liable for a maximum fine of $200,000 and a further $20,000 for each day the offence is continued. An instant fine of $1,000 can also be issued if a notice to fix is not complied with.
Selling property with work that has been exempted
Implications for future property transactions.
To avoid possible issues when on-selling your property, you should formally notify your council and provide them with any relevant documentation (such as drawings, specifications and photographs) if you have completed exempt building work.
By providing this information, the council can update your property file. By taking this action, it may avoid difficulties when potential purchasers check the council’s records and discover that the records do not align with what is seen on site. Councils may charge for this process.
Note that documentation on exempt building work lodged with the council does not mean that the council has checked the building work and/or plans. If signoff of the building work is desired (such as a code compliance certificate), then you will need to apply for a building consent prior to the building work being started or apply for a certificate of acceptance.