The Building Act 2004 (the Act) requires that a building consent be issued for most building work. However, consent is not required for work of a kind listed in Schedule 1 of the Act. Schedule 1 can be amended by Order in Council.

Under the Residential Tenancies (Healthy Homes Standards) Regulations 2019, residential rental premises with enclosed subfloor spaces will have to have ground moisture barriers installed in those spaces. Those regulations come into force on 1 July 2019, although there is a transitional period to give landlords time to comply (the compliance date depends on the type of tenancy).

The installation of ground moisture barriers is building work with a low risk of causing danger to people or damage to other buildings. Therefore, in order to facilitate compliance with those regulations, new clause 13A is inserted into Schedule 1 of the Act so that the installation of a ground moisture barrier will not require a building consent.

This order comes into force on 1 July 2019 to coincide with the commencement of the Residential Tenancies (Healthy Homes Standards) Regulations 2019.