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2024/019: The refusal of a Schedule 1 discretionary exemption for partial reclad of a dwelling

This determination considers an authority’s decision to refuse to grant a discretionary exemption under clause 2 of Schedule 1 for building work to partially reclad a house. It also considers the application of clause 1 of Schedule 1 which allows general repairs, maintenance and replacement to be carried out without building consent.

Determination 2024/019 [PDF 3 MB] Date issued: 30 April 2024

About this document

Primary topic:: Alterations to existing buildings
Council:: Auckland Council
Section of the Building Act:: 40, Schedule 1, Schedule 1 Clause 2 Territorial and regional authority discretionary exemptions

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8.1. Carports not exceeding 20 sqm in floor area (8. Shelters, shades and carports)

A building consent is not required for carports up to 20 square metres in ground floor area.

Projects & consents > Planning a successful build > Scope and design > Check if you need consents > Building work that doesn't need a building consent > Exempt building work guidance > 8. Shelters, shades and carports > 8.1. Carports not exceeding 20 sqm in floor area

8.8. Ground floor awnings between 20 and 30 sqm in size – Licensed Building Practitioner (8. Shelters, shades and carports)

An awning can be built up to 30sqm in certain circumstances if designed or the design is supervised by a LBP.

5.1 Thermal insulation (5. Insulation and moisture barriers)

A building consent is not required to insulate an existing building, except for external walls and internal firewalls.

Projects & consents > Planning a successful build > Scope and design > Check if you need consents > Building work that doesn't need a building consent > Exempt building work guidance > 5. Insulation and moisture barriers > 5.1 Thermal insulation

Acting on a council notice to fix

Notice to fix, what it means and what you should do.

Projects & consents > Build to the consent > Acting on a notice to fix

Granny flat resources for designers

Resources for designers supporting homeowners through the granny flats exemption process.

Projects & consents > Planning a successful build > Scope and design > Building a granny flat: resources > Designers

11.1 Tanks and pools (11. Pools, tanks, and dams)

Storage tanks and pools usually don't require a building consent if they meet capacity and height requirements.

8.3. Carports between 20 and 40 sqm in floor area – Licensed Building Practitioner (8. Shelters, shades and carports)

Carports can be built up to 40sqm if they are designed or built by a licensed building practitioner.

Build a granny flat: step-by-step guide

This guide provides step-by-step instructions and process stages for building granny flats using the building consent exemption. It clarifies roles and responsibilities for key parties and explains important steps and considerations

Projects & consents > Planning a successful build > Scope and design > Building a granny flat: resources > Step-by-step guides > Build

8.6 Ground floor awnings up to 20 sqm (8. Shelters, shades and carports)

A building consent is usually not required to attach an awning to the ground-floor or first-storey level of a building.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:

with compliance with the Building Act, it is published under section 175 of the Building Act
with a Weathertight Services claim, it is published under section 12 of the Weathertight Homes Resolution Services Act 2006.

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