Building Act 2004

115 Code compliance requirements: change of use

• An owner of a building must not change the use of the building,—

  • (a) in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and

  • (b) in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will—

    • (i) comply, as nearly as is reasonably practicable, with every provision of the building code that relates to either or both of the following matters:

      • (A) means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:

      • (B) access and facilities for people with disabilities (if this is a requirement under section 118); and

    • (ii) continue to comply with the other provisions of the building code to at least the same extent as before the change of use.

  Compare: 1991 No 150 s 46(2)

  Section 115(b)(i): substituted, on 14 April 2005, by section 13 of the Building Amendment Act 2005 (2005 No 31).