Building (Exempt Building Work) Order 2010

2010/431

Crest

Building (Exempt Building Work) Order 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 22nd day of November 2010

Present:
His Excellency the Governor-General in Council

Pursuant to section 41(2) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Building (Exempt Building Work) Order 2010.

2 Commencement
  • This order comes into force on 23 December 2010.

3 Interpretation
  • In this order, Schedule 1 means Schedule 1 of the Building Act 2004.

4 Schedule 1 amended
  • (1) Schedule 1 is amended by inserting the following paragraph after paragraph (ag):

    • (ah) the replacement or alteration of linings or finishes of any internal wall, ceiling, or floor of a dwelling:.

    (2) Schedule 1 is amended by inserting the following paragraphs after paragraph (b):

    • (ba) the construction, installation, replacement, or alteration of a sign (whether free-standing or attached to a structure) and any structural support of the sign, if—

      • (i) the surface area of the sign does not exceed 6 square metres and the sign does not exceed 3 metres in height above the supporting ground level; or

      • (ii) the sign has been designed by a chartered professional engineer:

    • (bb) the construction, installation, replacement, alteration, or removal of a height-restriction gantry:.

    (3) Schedule 1 is amended by inserting the following paragraph after paragraph (d):

    • (daa) the construction or alteration of any wall (except a retaining wall or an internal wall), fence (except a fence as defined in section 2 of the Fencing of Swimming Pools Act 1987), or hoarding, in each case of a height not exceeding 2.5 metres above the supporting ground:.

    (4) Schedule 1 is amended by inserting the following paragraph after paragraph (da):

    • (db) the construction, installation, replacement, or alteration of a retaining wall in a rural zone, if—

      • (i) the wall retains no more than 3 metres depth of ground; and

      • (ii) the distance between the wall and any legal boundary or existing building is at least the height of the wall; and

      • (iii) the wall has been designed by a chartered professional engineer:.

    (5) Paragraph (e) of Schedule 1 is amended by inserting the following subparagraphs after subparagraph (i):

    • (ia) not exceeding 16 000 litres capacity and supported not more than 0.25 metre above the supporting ground; or

    • (ib) not exceeding 8 000 litres capacity and supported not more than 0.5 metre above the supporting ground; or

    • (ic) not exceeding 4 000 litres capacity and supported not more than 1 metre above the supporting ground; or.

    (6) Paragraph (e) of Schedule 1 is amended by inserting the following subparagraph after subparagraph (ii):

    • (iia) not exceeding 1 000 litres capacity and supported not more than 3 metres above the supporting ground:.

    (7) Schedule 1 is amended by inserting the following paragraph after paragraph (fa):

    • (fb) the construction, alteration, or removal of any tent or marquee that has a floor area not exceeding 100 square metres if that tent or marquee is to be, or has been, used for public assembly for a period of not more than 1 month:.

    (8) Schedule 1 is amended by inserting the following paragraphs after paragraph (g):

    • (ga) the construction or alteration of any platform, bridge, or the like from which it is not possible for a person to fall more than 1.5 metres even if it collapses:

    • (gb) the construction, installation, replacement, or alteration of any plinth or similar foundation that is or has been—

      • (i) used for supporting mechanical plant, a tank, equipment, machinery, or any similar item; and

      • (ii) designed by a chartered professional engineer:

    • (gc) the construction, installation, replacement, alteration, or removal of a stall, booth, compartment, or similar structure that—

      • (i) does not exceed 100 square metres in floor area; and

      • (ii) is, or has been, for use at a fair, exhibition, or market for not more than 1 month:.

    (9) Schedule 1 is amended by inserting the following paragraph after paragraph (ja):

    • (jab) the construction, alteration, or removal of any fabric, glass, or metal awning on any building if the awning—

      • (i) is on the ground or first storey level; and

      • (ii) does not exceed 20 square metres in size:.

    (10) Schedule 1 is amended by inserting the following paragraphs after paragraph (jc):

    • (jd) the construction, alteration, or removal of a porch or verandah on any building, if the porch or verandah—

      • (i) is on the ground or first storey level; and

      • (ii) is over a deck or a patio; and

      • (iii) does not exceed 20 square metres in size:

    • (je) the construction, installation, replacement, alteration, or removal of any shade sail made of fabric or other similar lightweight material, and any associated structural support, if the shade sail—

      • (i) does not exceed 50 square metres in size; and

      • (ii) is not closer than 1 metre to any legal boundary; and

      • (iii) is on the ground level, or, if on a building, on the ground or first-storey level of the building:

    • (jf) the construction, installation, replacement, alteration, or removal of a carport that does not exceed 20 square metres in size and is on the ground level:

    • (jg) the installation of thermal insulation in an existing building other than in—

      • (i) an external wall of the building; or

      • (ii) an internal wall of the building that is a fire separation wall (also known as a firewall):

    • (jh) the making of a penetration no greater than 30 centimetres in diameter to enable the passage of pipes, cables, ducts, wires, hoses, and the like through any existing building and any associated building work, such as weatherproofing, fireproofing, or sealing the penetration:

    • (ji) the construction, installation, replacement, or alteration of playground equipment, if—

      • (i) the work is for a government department, Crown entity, licensed early childhood centre, or territorial or regional authority, and the playground equipment has been designed by a chartered professional engineer; or

      • (ii) the playground equipment is for use by a single household and no part of the equipment exceeds 3 metres in height above the supporting ground level:.

    (11) Schedule 1 is amended by adding the following paragraphs:

    • (l) the demolition of all or part of a damaged building that is detached (stand-alone) and is no more than 3 storeys high:

    • (m) the repair or replacement of all or part of a damaged outbuilding, if—

      • (i) the repair or replacement is made within the same area that the outbuilding or the original outbuilding (as the case may require) occupied; and

      • (ii) in the case of any replacement, the replacement is made with a comparable outbuilding or part of an outbuilding:

    • (n) the removal of any—

      • (i) sign and any structural support of the sign; or

      • (ii) retaining wall; or

      • (iii) plinth or similar foundation; or

      • (iv) playground equipment.

    (12) Schedule 1 is amended by adding the following clause as clause 2:

    2
    • In this schedule,—

      outbuilding means a building classified as an outbuilding under clause A1 of the building code

      rural zone means any zone or area (other than a rural residential zone or area) that, in the district plan of the territorial authority in whose district the building work is to be undertaken, is described as a rural zone, rural resource area, rural environment, or by words of similar meaning.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 23 December 2010, adds to Schedule 1 of the Building Act 2004 several classes of building work for which a building consent is not required.

This order enables the following classes of building work to be done without a building consent:

  • constructing, installing, replacing, or altering any—

    • sign and any structure supporting it, if certain requirements are met (new paragraph (ba)):

    • height restriction gantry (new paragraph (bb)):

    • retaining wall in a rural zone, if certain requirements are met (new paragraph (db)):

    • plinth or similar foundation, if used for supporting mechanical plant, machinery, or other similar items, and designed by an engineer (new paragraph (gb)):

    • stall, booth, compartment, or similar structure, if certain requirements are met (new paragraph (gc)):

    • shade sail made of fabric or other similar material, if certain requirements are met (new paragraph (je)):

    • carport, if it does not exceed 20 square metres and is on the ground level (new paragraph (jf)):

    • playground equipment, if certain requirements are met (new paragraph (ji)):

  • replacing or altering linings or finishes of any internal wall, ceiling, or floor of a dwelling (new paragraph (ah)):

  • constructing or altering tanks or pools of specified dimensions and distances from the ground (new paragraph (e)(ia) to (ic), and (iia)):

  • installing thermal insulation in an existing building (other than in a firewall or external wall of the building) (new paragraph (jg)):

  • making a penetration no greater than 30 centimetres in diameter to enable the passage of pipes, cables, ducts, and the like through an existing building (new paragraph (jh)):

  • demolishing all or part of a damaged building that is detached and no more than 3 storeys high (new paragraph (l)):

  • repairing or replacing all or part of a damaged outbuilding, if certain criteria are met (new paragraph (m)):

  • removing any sign, retaining wall, plinth or similar foundation, or playground equipment (new paragraph (n)).

This order also adds classes of building work to Schedule 1 that mirror existing classes of exempt building work except that different measurements are used. The practical effect of these additions is to increase—

  • from 1 to 1.5 metres, in relation to the construction or alteration of a platform or bridge, the maximum height that a person may possibly fall from the platform or bridge (new paragraph (ga)):

  • from 2 to 2.5 metres above the supporting ground, the maximum height of a wall or fence (new paragraph (daa)):

  • from 50 to 100 square metres, the maximum floor area of a tent or marquee (new paragraph (fb)):

  • from 15 to 20 square metres, the maximum size of a fabric, glass, or metal awning (new paragraph (jab)):

  • from 15 to 20 square metres, the maximum size of a porch or verandah (new paragraph (jd)).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 November 2010.

This order is administered by the Department of Building and Housing.