45 How to apply for building consent

(1)

An application for a building consent must—

(a)

be in the prescribed form; and

(b)

be accompanied by plans and specifications that are—

(i)

required by regulations made under section 402; or

(ii)

if the regulations do not so require, required by a building consent authority; and

(ba)

if a national multiple-use approval has been issued in relation to some or all of the plans and specifications required under paragraph (b), be accompanied by—

(i)

a copy of that national multiple-use approval; and

(ii)

details of any proposed minor customisations; and

(c)

contain or be accompanied by any other information that the building consent authority reasonably requires; and

(d)

be accompanied by any fees and charges imposed by the building consent authority under section 219 or 240 (as applicable); and

(e)

in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and

(f)

if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by—

(i)

the project information memorandum; and

(ii)

a development contribution notice under section 36 (if any); and

(iii)

a certificate issued under section 37 (if any); and

(g)

be accompanied by either one of the following:

(i)

if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or

(ii)

if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being—

(A)

altered in the course of the building work:

(B)

added to the building in the course of the building work:

(C)

removed from the building in the course of the building work.

(2)

If an application for a building consent is accompanied by plans and specifications that contain design work (relating to building work) that is restricted building work, that design work must be carried out or supervised by 1 or more licensed building practitioners who are licensed to carry out or supervise that work.

(3)

The plans and specifications that contain the design work referred to in subsection (2) must be accompanied by a certificate of work

(a)

provided by 1 or more licensed building practitioners who carried out or supervised that design work; and

(b)

that identifies that design work; and

(c)

that states—

(i)

that the design work complies with the building code; or

(ii)

whether waivers or modifications of the building code are required and, if so, what those waivers or modifications are.

(3A)

A certificate of work provided under subsection (3) does not, of itself,—

(a)

create any liability in relation to any matter to which the certificate of work relates; or

(b)

give rise to any civil liability to the owner that would not otherwise exist if the licensed building practitioner were not required to provide the certificate of work.

(4)

An application for an amendment to a building consent must,—

(a)

in the case of a minor variation, be made in accordance with section 45A; and

(b)

in all other cases, be made as if it were an application for a building consent, and this section, and sections 48 to 51 apply with any necessary modifications.

(5)

The application must be accompanied by a statutory declaration, in the prescribed form, as to owner-builder status—

(a)

if the building work includes restricted building work to be carried out by the owner-builder; or

(b)

if any accompanying plans or specifications contain design work that is restricted building work and that has been carried out by the owner-builder.

Compare: 1991 No 150 s 33(2), (4)

Section 45(1)(ba): inserted, on 1 February 2010, by section 15(1) of the Building Amendment Act 2009 (2009 No 25).

Section 45(1)(d): replaced, on 13 March 2012, by section 18(2) of the Building Amendment Act 2012 (2012 No 23).

Section 45(1)(d): amended, on 1 July 2017, by section 8 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).

Section 45(2): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(2): amended, on 28 November 2013, by section 19(1) of the Building Amendment Act 2013 (2013 No 100).

Section 45(3): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(3): amended, on 28 November 2013, by section 19(2) of the Building Amendment Act 2013 (2013 No 100).

Section 45(3A): inserted, on 28 November 2013, by section 19(3) of the Building Amendment Act 2013 (2013 No 100).

Section 45(4): replaced, on 1 February 2010, by section 15(2) of the Building Amendment Act 2009 (2009 No 25).

Section 45(5): replaced, on 13 March 2012, by section 18(1) of the Building Amendment Act 2012 (2012 No 23).