KEY POINTS:
Q. I've been looking at adding an extension to my house. I've always understood that this will require a building consent and that in some circumstances I may be required to obtain a resource consent as well. What's the difference between a building consent and a resource consent and what sort of things might I need resource consent for?
A. You are correct. All building work, including the extension that you are contemplating, is required by law to comply with the provisions of the Building Act and building code. This means that you will need to apply to your local building consent authority (council) for a building consent before you start work and ensure that you get a code of compliance certificate once the building work is completed. Whether or not you'll also require any resource consents will depend upon the requirements of the district plan for your city or district.
One of the purposes of the Building Act is to ensure that people who use buildings can do so safely and without endangering their health. To this end the act requires that building work meets certain functional requirements set out in the building code. For example, that all buildings are constructed to provide "adequate resistance to penetration by, and accumulation of, moisture from the outside". With some small exceptions, buildings are legally required to be constructed to a sufficiently durable standard so that the requirements of the building code can be met for the first 50 years of the building's life with only normal maintenance work required.
The Building Act requires you to submit plans of your proposed building work to the building consent authority and obtain a building consent before you start work. The authority must grant building consent if it is satisfied that the building work shown on the plans would, if properly completed, comply with the building code.
Once the work is completed, you are required to apply to the building consent authority for a code of compliance certificate. The authority must issue you with a code of compliance certificate if it is satisfied on reasonable grounds that the work carried out complies with the terms of your building consent (i.e. you built what you said you were going to) and, in any case where a building compliance schedule is required, any items specified in the building consent are capable of meeting the performance requirements of the building code.
The purpose of the Resource Management Act (RMA) is to "promote the sustainable management of natural and physical resources". While the Building Act is concerned with the functional requirements of buildings and other structures, the RMA is concerned with the sustainable management and, in the case of an extension to your house, effects on your neighbours and the surrounding area.
Whether or not you will also require a resource consent/s depends upon the requirements of the district plan for your city or district. While the requirements of the building code apply throughout New Zealand, requirements under district plans can vary. So it is very possible that while you might require resource consent for your extension if your property was in one city or district, you wouldn't require it in another. Whether or not a resource consent is required will depend upon the zoning of your property and the size and location of what you want to do. Most district plans, particularly on residentially zoned land, will place restrictions on how high you can build, how close you can build to the road or the boundary of your property, and the percentage of your property you can cover with buildings or other structures without first getting a resource consent from the council. Just because a resource consent is required, it doesn't mean you won't be able to proceed with what you want to do with your property. However, to maximise your chances of getting the resource consents you need you should adopt a constructive attitude in liaising with council staff, and consult with your neighbours with a view to obtaining their written approval to what you are proposing to do if possible.
Failure to obtain your building consent, code of compliance certificate, or necessary resource consents means that work is unlawful and can result in problems if this is later discovered - typically when you come to sell.
* The information contained in Prime Assets is intended to provide general information in summary form current at the time of printing. The contents do not constitute legal advice and should not be relied on as such. Specialist advice should be sought in particular matters.
