How to navigate the crazy maze of building consents

Want to build a house?

Welcome to the world of the Resource Management Act and building codes, not to mention private covenants and other restrictions on what you can and can’t do.

Building a new home is not for the faint-hearted, nor the ignorant.

Doing your research is all important because as well as definitely needing a building consent before you can start, you might also need a resource consent.

Start by checking the information provided by the Ministry of Building, Innovation and Employment (MBIE) which can be found here.

New Zealand has a comprehensive Building Code which means your house has to be built to certain standards to protect not just you but also future owners.

If you think nah, don’t worry, you will be fine, think again.

Councils can get you to pull things down. Only last year, the Dunedin City Council gave notice to a family to pull down a tree house that the council said did not comply with the building code.

The short version when building a house goes like this:

- Check out whether you can build on your section;

- Get your resource consents if they are necessary;

- Get your building plans together then get your building consent;

- During the build process go through the inspection steps contained in the consent.

Then all going well the council will sign off your build with a Code Compliance Certificate (CCC) which confirms the requirements of the Building Code have been met.

You basically can’t start your work until you have your building consent and it is not cheap. For example, the Auckland Council consent deposit for a project valued over $500,000 is $6348.

And find out any other approvals you need, such as a resource consent.

This is because all building projects have to comply with both the Resource Management Act 1991 and the Building Act 2004.

Why both?

The RMA protects land and the environment and can restrict what you can do with your land while the Building Act covers construction, alteration, demolition and the maintenance of new and existing buildings.

Falling under the Building Act, the Building Code defines minimum standards buildings must meet.

A building consent is a formal approval granted by the council under the Building Act which allows you to carry out your building work.

While there are exceptions to needing it, they are minor, such as for decks which are under a metre high and retaining walls less than 1.5 metres.

The advice for a complex project is you will likely need to get a variety of people involved to help prepare your consent applications, from a planner to a designer, architect, engineer and surveyor.

If you have a site you want to build on a first step is to go to your council for a PIM, or Project Information Memorandum (as opposed to a LIM report which is advised when you purchase a property) before applying for a resource or building consent.

The PIM will tell you what the council knows about the proposed site and any RMA requirements which might mean you need to start with a resource consent.

It will show such things as underground pipes, natural hazards, soil types and other provisions of the council’s district plan, council bylaws and other Acts which might impact the site, such as the Historic Places Act.

If you do need a resource consent, it can depend on things like the scope of your project and whether you are going to impact the environment or impact your neighbours.

Once you have your resource consent, you can proceed with the building consent process and application, bringing in your architect, designer, project manager or building company.

It pays to be as prepared as you can be. While the Building Act specifies councils process consent applications 20 working days, that goes on hold if they need to ask for more information. Experienced builders say in reality it can take way longer to get than 20 working days.

Nigel Benton, of the Auckland Registered Master Builders’ Board, advises getting a consultant planner in to do a scoping report, which might cost a few thousand dollars, to tell you if you need a resource consent.

The resource consent deposit with Auckland Council would cost $3000 but Benton says costs can start escalating if you are in a heritage or ecological zone which can be very restrictive about what you can do.

Subdividing

Everywhere you look, houses seem to be going up on even the tiniest plots of land.

However, just because your back yard has a plot of land you think is big enough to subdivide and make some serious money, slow down and do your homework.

Subdividing might not be as easy as you think. Experts within Auckland Council warn it can be a long and expensive process.

There are all sorts of things to consider, such as, what zone are you in – in Auckland that means a single house zone, a mixed housing urban zone, a mixed housing suburban zone and a terrace housing and apartment buildings zone.

All of these zones mean you can do different things. A single house zone, for example, takes into account things like the historical character of an area, whereas the terrace housing and apartment buildings zone allows for more density.

Once you have figured out the zone, you can tackle what the overall costs of what subdividing might be, and it’s not cheap.

Auckland Council says an average two-lot subdivision can cost around $120,000 to $150,000 for the consent, a new certificate of title, and professional fees and other requirements.

The amount you pay includes things like consent processing costs, development contribution fees, infrastructure connections (water, power and communications), driveways and also fees for the likes of surveyors, planners, lawyers and engineers.

David Wren, a consultant planner based in Grey Lynn, says there isn’t much difference in Auckland from a resource consent point of view whether you have a bare section or whether your section has a house on it which needs to be demolished.

Check out your own council’s rules but the only time you’d need a demolition consent, Wren says, is where it is specifically provided for in the Unitary Plan (which controls what is built and where in Auckland) or if you’re in one of the heritage overlays such as in most of Devonport and parts of Ponsonby, Mt Eden, Grey Lynn and Parnell.

Once you have a vacant site the rules now depend on where you are as to what you can build on the site.

“In most places, not everywhere, but in most cases in Auckland (in mixed housing suburban and mixed housing urban zones) you can build up to three houses on a site without a resource consent - if you comply with everything in terms of distance from boundaries and height and outlook from windows and that kind of thing.”

If you do want to put three homes on your quarter acre section he recommends starting with a planner, an architect or a draughtsperson.

A planner, for example, can let you know if your site is favourable for building before you incur the expense of an architect. Wren says that the Unitary Plan can be confusing for a layperson.

“Your planner will give you an assessment of what consents are needed and what the issues are with getting those consents.”

Private covenants

Also beware any private covenants in place in areas you want to build.

For example, if you want a pink house don’t buy land at Jack’s Point in Queenstown.

This illustrious 1200 hectare master-planned development is set on the shores of Lake Wakatipu and at the foot of the Remarkables and various restrictions are in place to protect the landscape.

Scott Freeman, of Southern Planning Group, says newer subdivisions often have some form of private covenant on the title in terms of what and how you can build, covering building size, materials and height.

The restrictions are usually put on by a developer to maintain property values, so if you have a high end subdivision people can’t bring in an old ‘80s relocatable house.

“Private covenants are pretty common things on developments around here.”

Covenants can control how big your house is to where you can park your boat to where the clothesline can be seen from, he says.

At Jack’s Point, the colour scheme is generally earthy tones, like browns and dark grays, he says.

Queenstown also has rules in its district plan as to what you can do in rural zones.

“If you wanted to do a white building that’s a no go. The council wants buildings to be recessive and blend in as opposed to standing out.”

Again, Freeman says it is a good idea before you start is to see a consultant planner or an architect, or book in with a planning officer at your council.