Alterations to existing buildings

112 Alterations to existing buildings

(1)

A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration,—

(a)

the building will comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to—

(i)

means of escape from fire; and

(ii)

access and facilities for persons with disabilities (if this is a requirement in terms of section 118); and

(b)

the building will,—

(i)

if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions; or

(ii)

if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.

(2)

Despite subsection (1), a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,—

(a)

if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and

(b)

the alteration will result in improvements to attributes of the building that relate to—

(i)

means of escape from fire; or

(ii)

access and facilities for persons with disabilities; and

(c)

the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.

(3)

This section is subject to section 133AT.

Compare: 1991 No 150 s 38

Section 112(1): replaced, on 28 November 2013, by section 23 of the Building Amendment Act 2013 (2013 No 100).

Section 112(3): inserted, on 1 July 2017, by section 11 of the Building (Earthquake-prone Buildings) Amendment Act 2016 (2016 No 22).