Schedule 1 of the Building Code (work that is exempt from requirement for a building consent under s41 Building Act)
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UPDATED 30 Aug 2020
Schedule 1 was added to and updated by an order in council dated 10 August 2020.
building_exempt_building_works_order_2020.pdf
MBIE released an updated guidance document for implementation 31 Aug 2020.
https://www.building.govt.nz/assets/Uploads/projects-and-consents/building-work-consent-not-required-guidance.pdf
There is discrepancies between the two documents. The standalone building exemptions for greater than 10m2 have Engineer and LBP conditions that were not part of the Order in Council.
At this time the minister has been asked to explain and when that answer is available this page will be updated
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Work described in Schedule 1 is exempt from the requirement to only undertake building work in accordance with a building consent. This exemption is stated in s41 (1)(b) of the Building Act 2004 and applies if the building work is described in the Schedule.
The schedule 1 is attached to the Building Act and has recently being amended by the Building Amendment Act #4 passed in Dec 2013. The wording has been simplified under this amendment and now is in 3 parts. part 1 is Exempted building work and includes 30 categories of work including general repairs and replacement territorial and regional authority discretionary exemptions(previously call s1(k) exemptions. and some 28 further descriptions of building work. Part 2 relates to building work carried out in accordance with the Plumbers Gasfitters and Drainlayers Act 2006 and includes plumbing and drainage work described under 7 categories of work. Part 3 is a new section for building work for which design is carried ouror reviewed by chartered professional engineer. The complete wording of the new schedule can be found here at http://www.legislation.govt.nz/act/public/2013/0100/latest/DLM3957689.html.
Parliament has signaled over time that it is prepared to liberalize this schedule and the increasing scope of schedule 1 since 2004 reflects this intention. The freedom it allows owners is an intentional desire on parliament to reduce compliance costs to building owners. It may take some time for the greater scope to be appreciated by councils and the like and meanwhile strict reference to the wording is required to ensure that Schedule 1 is being properly utilized. Despite Schedule 1 owners do have the right to still choose to submit their building work to the consent regime, but this is their prerogative.
Recent MBIE Determinations have highlighted that the owner makes the decision that their building work is described in Schedule 1. This is not something parliament considered would be disputed. This presumption is reflected in the matters that parliament considered might be in dispute and needed to be determined under s178 of the building act under the determination process overseen by the Chief executive of MBIE. S177 only allows section (k) to be determined (now schedule 1 subsection 2). This is the section that allows councils discretionary power to waive the requirement for a building consent when one was required.
UPDATED 30 Aug 2020
Schedule 1 was added to and updated by an order in council dated 10 August 2020.
building_exempt_building_works_order_2020.pdf
MBIE released an updated guidance document for implementation 31 Aug 2020.
https://www.building.govt.nz/assets/Uploads/projects-and-consents/building-work-consent-not-required-guidance.pdf
There is discrepancies between the two documents. The standalone building exemptions for greater than 10m2 have Engineer and LBP conditions that were not part of the Order in Council.
At this time the minister has been asked to explain and when that answer is available this page will be updated
...........................................................................................................................................................................................................................
Work described in Schedule 1 is exempt from the requirement to only undertake building work in accordance with a building consent. This exemption is stated in s41 (1)(b) of the Building Act 2004 and applies if the building work is described in the Schedule.
The schedule 1 is attached to the Building Act and has recently being amended by the Building Amendment Act #4 passed in Dec 2013. The wording has been simplified under this amendment and now is in 3 parts. part 1 is Exempted building work and includes 30 categories of work including general repairs and replacement territorial and regional authority discretionary exemptions(previously call s1(k) exemptions. and some 28 further descriptions of building work. Part 2 relates to building work carried out in accordance with the Plumbers Gasfitters and Drainlayers Act 2006 and includes plumbing and drainage work described under 7 categories of work. Part 3 is a new section for building work for which design is carried ouror reviewed by chartered professional engineer. The complete wording of the new schedule can be found here at http://www.legislation.govt.nz/act/public/2013/0100/latest/DLM3957689.html.
Parliament has signaled over time that it is prepared to liberalize this schedule and the increasing scope of schedule 1 since 2004 reflects this intention. The freedom it allows owners is an intentional desire on parliament to reduce compliance costs to building owners. It may take some time for the greater scope to be appreciated by councils and the like and meanwhile strict reference to the wording is required to ensure that Schedule 1 is being properly utilized. Despite Schedule 1 owners do have the right to still choose to submit their building work to the consent regime, but this is their prerogative.
Recent MBIE Determinations have highlighted that the owner makes the decision that their building work is described in Schedule 1. This is not something parliament considered would be disputed. This presumption is reflected in the matters that parliament considered might be in dispute and needed to be determined under s178 of the building act under the determination process overseen by the Chief executive of MBIE. S177 only allows section (k) to be determined (now schedule 1 subsection 2). This is the section that allows councils discretionary power to waive the requirement for a building consent when one was required.
Have concerns about Schedule 1 or want to know more? Get in touch and we'll talk you through it.
