Building Act 2004 — Section 42ASchedule 1 ExemptionsUpdated April 2026⚡ Live legislation content
Quick answer
Most building work requires a consent from your local council. However, Schedule 1 of the Building Act lists exempt work. All work — consented or exempt — must still comply with the NZ Building Code.
Schedule 1 exempt work — key examples
Work type
Conditions
Detached outbuilding (shed, garage)
Under 10m², not for habitation
Detached outbuilding 10–30m²
Requires Licensed Building Practitioner certificate
Pergolas
Single storey, not enclosed, no plumbing
Retaining walls
Under 1.5m high, no surcharge from nearby structures
Fences
Under 2.5m high, not retaining
Like-for-like reroofing
Equivalent materials, no structural change
Internal alterations
Doesn't affect structure, escape, or weathertightness
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Exempt from consent ≠ exempt from the Building Code
All building work must comply with the NZ Building Code regardless of whether it needs consent. Exempt work done incorrectly is still a liability.
Building consent queries come from owners, tenants, and contractors every day.
Upload your consenting procedures and give staff instant, cited answers to building queries.
Council has 20 working days to process (can be suspended for further information)
Once approved, building work can commence with required inspections
Apply for a Code Compliance Certificate (CCC) on completion
Restricted building work — must use an LBP
Structural work, external cladding, roofing, and fire safety systems are "restricted building work" that must be designed and carried out by a Licensed Building Practitioner (LBP). Using an unlicensed person for restricted work is an offence.
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A missing CCC affects property sales
Without a Code Compliance Certificate, the consent is technically open in council records. Missing CCCs cause problems at property sale, for insurance, and for future consent applications. Get the CCC.
Common questions
Decks under 1.5m from the ground may qualify for exemptions depending on size and connection to the dwelling. Decks above 1.5m require consent. Check with your local council.
Owner-builders can do their own non-restricted work. Restricted building work must be done by an LBP. See the owner-builder rules for details.
The council can issue a notice to fix, require demolition, or fine the owner. Unconsented work also causes problems at property sale.
A consent lapses if work isn't commenced within 12 months and completed within 2 years. Extensions can be granted.
A signed document from a design professional confirming their work complies with the Building Code. Required by councils for certain technical aspects of complex builds.
What happens when staff ask this question at 11pm?
"Can we add a mezzanine floor to the warehouse without getting consent?"