Building and Construction (Small Stand-alone Dwellings) Amendment Bill
Building and Construction (Small Stand-alone Dwellings) Amendment Bill
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Building and Construction (Small Stand-alone Dwellings) Amendment Bill
Building and Construction (Small Stand-alone Dwellings) Amendment Bill
Government Bill
166—1
Explanatory note
General policy statement
The Building and Construction (Small Stand-alone Dwellings) Amendment Bill (the Bill) meets a commitment in the National–New Zealand First Coalition agreement to permit granny flats to be built without a building consent.
The Building Act 2004 (the Act) currently requires homeowners to apply for and receive a building consent from a building consent authority when building small stand-alone dwellings (commonly referred to as granny flats). This provides independent oversight and assurance of building work so that homeowners, insurers, and other interested parties can be confident that buildings are safe, durable, and healthy. However, independent assurance comes at a cost, with the Ministry of Business, Innovation, and Employment estimating that a building consent for a 70 square metre granny flat could cost, on average, $4,431 per dwelling.
The Government considers that the risk of building work for granny flats is better managed through occupational licensing regimes and liability settings compared with the building consent process. It considers that the building consent process places unnecessary regulatory barriers to building, which may be inhibiting housing growth.
The Bill seeks to reduce the time and cost of building a granny flat by permitting small stand-alone dwellings up to 70 square metres to be built without obtaining a building consent, given certain conditions are met. These conditions are that—
the granny flat must be simple in its design and meet the building code; and
building work must be carried out by authorised professionals; and
councils must be notified prior to and on completion of building work.
These conditions should provide confidence to homeowners that granny flats comply with the building code and are safe to inhabit, while reducing the time and cost of building.
Granny flats must have simple design and meet the building code
The Bill provides that a non-consented granny flat must be new, stand-alone, single-storey, and 70 square metres or less.
The Bill also provides that a consent-exempt granny flat must be built in accordance with a set of simple design specifications. For example, the dwelling must be constructed with lightweight materials for the roof and frame and must only contain simple plumbing and drainage systems.
The Bill introduces a power for the Governor-General, by Order in Council, to amend Schedule 1A of the Act by adding to, removing, or amending any requirements for building work specified in clause 2 of Schedule 1A. This power is limited to the technical building requirements, with more fundamental elements (such as the maximum floor area) not able to be changed by Order in Council. The existing power to amend Schedule 1 of the Act by Order in Council will also be updated in line with the new power, to make clear that building work can be removed from Schedule 1.
The intention of limiting the design of the building work to lower risk specifications is that the risk of non-compliant work taking place is reduced and that, in cases of non-compliance, the consequences are also lesser.
Building work must be carried out by authorised professionals
The Bill provides that all work associated with a consent-exempt granny flat must be carried out by authorised professionals. It is important that those able to build without a building consent have demonstrated competency to undertake the work and can be held to account if things go wrong.
Authorised professionals will be required to provide records of work to homeowners for all work associated with a consent-exempt granny flat and owners will be required to provide these to territorial authorities. The records will provide a lasting record of the work that has been completed, who it was completed by, and when it was completed. This will be important for identifying liability, remedying defects, and re-selling property.
Councils must be notified prior to and upon completion of work
The Bill provides that owners must notify the relevant territorial authority of their intention to build a granny flat by applying for a project information memorandum (PIM). This will be an important mechanism for supporting the management, capacity, and funding of local infrastructure that support these dwellings. As such, when issuing a PIM, a territorial authority may attach a development contribution notice for any charges owing in relation to the proposed work.
When issuing a PIM, territorial authorities must also advise on whether—
specific elements of the proposed building work (see clause 1 of new Schedule 1A) are likely or unlikely to meet the conditions of the exemption (for example, a maximum floor limit of 70 square metres) or it is unclear whether they do so:
the construction of the dwelling is proposed to occur on land that is subject to a natural hazard. Where a natural hazard is present, territorial authorities must also advise on whether adequate provision has been made to account for this:
there are any applicable bylaws that may have an impact on the design, construction, or location of the proposed building work for which owners will need to comply.
Territorial authorities will have no civil liability in relation to any of the advice described above. This protection is limited to anything done or omitted to be done in good faith.
The Bill provides that, once all the relevant records and certificates have been provided to the owner, building work is considered complete. The owner will then have 20 working days to notify the relevant territorial authority that building work is complete and provide all certificates, records of work, and a set of final plans (for building, plumbing, and drainlaying work) and pay any outstanding development contributions. The territorial authority must hold this information for at least the life of the building to which the information relates but cannot assess it for compliance with the building code.
Departmental disclosure statement
The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2025&no=166
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 3 December 2024 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 provides that clauses 4(2), 14(2), 23, 39, 40, and 41 come into force on the day after Royal assent, but that the rest of the Bill comes into force on a date set by Order in Council. Any part of the Bill that has not come into force 2 years after Royal assent comes into force then. The reason for the delay in commencement of certain parts of the Bill relates to the need to make regulations and to provide for an orderly transition to the new regime.
Part 1Amendments to Building Act 2004
Clause 3 provides that this Part amends the Building Act 2004 (the Act).
Clause 4 amends the Act’s interpretation section, by inserting new definitions of non-consented small stand-alone dwelling and small stand-alone dwelling and amending the definition of supervise.
Clause 5 amends section 12 to give territorial authorities the function to enforce the provisions of this Bill relating to non-consented small stand-alone dwellings.
Clause 6 amends section 32 to require an owner to apply for a project information memorandum for building work in connection with a non-consented small stand-alone dwelling.
Clause 7 amends section 33 to enable project information memorandums to be issued in different forms. It is intended that one form will be used for building work requiring a building consent, and a different form will be used for building work in connection with a non-consented small stand-alone dwelling. Section 33 is also amended to require an application for a project information memorandum in relation to building work in connection with a non-consented small stand-alone dwelling to contain a description of the proposed building work and initial design plans for that proposed building work.
Clause 8 amends section 34 in several ways. One important change will require a territorial authority to issue a project information memorandum within 10 working days (instead of 20 working days) after receiving an application in relation to a non-consented small stand-alone dwelling.
Clause 9 inserts new section 34A, which specifies the duration of a project information memorandum in relation to a non-consented small stand-alone dwelling. The memorandum lapses and is of no effect if the building work to which it relates has not been completed within 2 years after the date of issue of the memorandum or any later date that the territorial authority may allow.
Clause 10 amends section 35 (which relates to the content of a project information memorandum) to provide for the use of differing prescribed forms.
Clause 11 inserts new section 35A. New section 35A provides that, where a territorial authority issues a project information memorandum in relation to a non-consented small stand-alone dwelling, the memorandum must contain a statement, to the extent that the territorial authority is able to do so, indicating whether the proposed building work is likely or unlikely to satisfy the characteristics of clause 1 of new Schedule 1A or whether it is unclear if the proposed building work is likely to satisfy those characteristics. The memorandum must also contain certain specified information about relevant natural hazards and bylaws.
Clause 12 amends section 36 to allow a territorial authority to require the payment of a development contribution, in circumstances where it would be payable under the Local Government Act 2002, in the case where an application for a project information memorandum is related to the building of a non-consented small stand-alone dwelling.
Clause 13 amends section 37 to disapply its application in respect of building work in connection with a non-consented small stand-alone dwelling.
Clause 14 amends section 41 in 3 main ways. First, it adds building work described in new Schedule 1A to the description of building work for which a building consent is not required. Second, it widens the scope of the existing power to amend Schedule 1 to allow the removal of any building work, or class of building work, from Schedule 1 as being building work for which a building consent is not required. Third, it inserts a similar power to amend new clause 2 of new Schedule 1A by Order in Council, as exists for Schedule 1.
Clause 15 inserts new sections 42B and 42C. New section 42B(1) and (2) states that a building consent is not required for building work specified in clause 1 of new Schedule 1A (a non-consented small stand-alone dwelling) but that an owner who wishes to obtain a building consent for that work may do so, and in that case the Act applies as if a building consent was required for that work. New section 42B(3) requires the building work to be carried out in accordance with certain specified conditions in order for the building work to be exempt from the requirement to obtain a building consent. New section 42B(4) contains a requirement for the owner of a non-consented small stand-alone dwelling to send records of work under the Act and the Plumbers, Gasfitters, and Drainlayers Act 2006, together with various compliance and safety certificates issued under the Electricity Act 1992, the Electricity (Safety) Regulations 2010, the Gas Act 1992, and the Gas (Safety and Measurement) Regulations 2010, within 20 working days after the completion of the building work to the territorial authority that issued the project information memorandum. A failure to do so is an infringement office punishable by a maximum fine of $1,000. New section 42C sets out the purpose of new section 42B(4).
Clause 16 inserts new section 45AA, which relates to a certificate of work that must accompany final design plans for a non-consented small stand-alone dwelling.
Clause 17 amends section 88 to require a licensed building practitioner who carries out or supervises restricted building work in connection with a non-consented small stand-alone dwelling to send a record of that work to the owner on completion of the restricted building work.
Clause 18 disapplies section 90D (which creates an exemption for owner-builders) in respect of building work in connection with a non-consented small stand-alone dwelling.
Clause 19 amends section 177 to add decisions under new section 34A(b) to the list of matters that can be the subject of a determination under section 177(3).
Clause 20 amends section 216 to require a territorial authority to keep all information it has received in relation to a non-consented small stand-alone dwelling.
Clause 21 amends section 317 (which sets out grounds for the discipline of licensed building practitioners) to include a failure by a licensed building practitioner to send the owner of a non-consented small stand-alone dwelling the record of work required to be sent by new section 88(1).
Clause 22 inserts new section 392A. New section 392A provides that no civil proceedings may be brought against a territorial authority or any member, employee, or agent of the authority for anything in good faith stated in, or omitted from, a statement or description required by new section 35A.
Clause 23 amends section 401B to allow an Order in Council to be made declaring building work in connection with a non-consented small stand-alone dwelling to be restricted building work for the purposes of the Act.
Clause 24 inserts into the Act the new Schedule 1A set out in Schedule 1 of this Bill.
Part 2Amendments to other Acts
Subpart 1—Amendments to other Acts
Amendments to Local Government Act 2002
Clause 25 provides that clauses 26 to 32 amend the Local Government Act 2002.
Clause 26 inserts in section 5 (the interpretation section) definitions of non-consented small stand-alone dwelling and small stand-alone dwelling.
Clause 27 amends section 198 to give a territorial authority power to require a development contribution for building work if a project information memorandum is issued for a non-consented small stand-alone dwelling.
Clauses 28, 29, and 30 make related amendments to sections 200, 202, and 209 respectively.
Clause 31 amends section 290 to set out the same rules about the refund of money and the return of land to the applicant for project information memorandum in relation to a non-consented small stand-alone dwelling as those that apply for building work requiring a building consent.
Clause 32 inserts the Part set out in Schedule 2 as the last Part of Schedule 1AA of the Local Government Act 2002.
Amendment to Local Government Official Information and Meetings Act 1987
Clause 33 provides that clause 34 amends the Local Government Official Information and Meetings Act 1987.
Clause 34 amends section 44A to add information about non-consented small stand-alone buildings to the list of matters that must be included in a land information memorandum.
Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006
Clause 35 provides that clauses 36 to 41 amend the Plumbers, Gasfitters, and Drainlayers Act 2006.
Clause 36 inserts into section 4 (the interpretation section) definitions of non-consented small stand-alone dwelling and small stand-alone dwelling.
Clause 37 disapplies section 15 (which creates an exemption for householders) in respect of any sanitary plumbing done in connection with a non-consented small stand-alone dwelling.
Clause 38 disapplies section 16 (which creates an exemption for sanitary plumbing) in rural districts in respect of any sanitary plumbing done in connection with a non-consented small stand-alone dwelling.
Clause 39 inserts new section 27A, which requires each registered person and provisional licence holder to provide a record of work in respect of prescribed sanitary plumbing or drainlaying.
Clause 40 amends section 89 (which relates to disciplinary offences).
Clause 41 amends section 172 (which relates to regulation-making powers).
Subpart 2—Amendments to secondary legislation
Clauses 42 to 56 make consequential and related amendments to the following secondary legislation:
Building (Definition of Restricted Building Work) Order 2011:
Building (Infringement Offences, Fees, and Forms) Regulations 2007:
Building (Residential Consumer Rights and Remedies) Regulations 2014:
Building Regulations 1992:
Electricity (Safety) Regulations 2010:
Gas (Safety and Measurement) Regulations 2010.
Schedule 1 inserts a new Schedule 1A into the Building Act 2004.
Schedule 2 inserts a new Part 10 into Schedule 1AA of the Local Government Act 2002.
Hon Chris Penk
Building and Construction (Small Stand-alone Dwellings) Amendment Bill
Government Bill
166—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025.
2 Commencement
(1)
This Act comes into force on a date set by Order in Council.
(2)
However, sections 4(2), 14(2), 23, 39, 40, and 41 come into force on the day after Royal assent.
(3)
Any part of the Act that has not come into force 2 years after Royal assent comes into force then.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Part 1 Amendments to Building Act 2004
3 Principal Act
This Act amends the Building Act 2004.
4 Section 7 amended (Interpretation)
(1)
In section 7(1), insert in their appropriate alphabetical order:
non-consented small stand-alone dwelling means a small stand-alone dwelling that an owner builds, or intends to build, without obtaining a building consent
small stand-alone dwelling has the meaning set out in clause 1 of Schedule 1A
(2)
In section 7(1), definition of supervise, paragraph (b), after “building consent”
, insert “(if any)”
.
5 Section 12 amended (Role of building consent authority and territorial authority)
(1)
Replace section 12(2)(b) with:
(b)
issues project information memoranda (including memoranda in relation to non-consented small stand-alone dwellings); and
(2)
After section 12(2)(b), insert:
(ba)
issues documents under section 35A; and
(bb)
enforces the provisions of this Act related to non-consented small stand-alone dwellings; and
6 Section 32 amended (Owner may apply for project information memorandum)
Replace section 32(b) with:
(b)
either—
(i)
building consent is required for that work; or
(ii)
the building work is in connection with a non-consented small stand-alone dwelling.
7 Section 33 amended (Content of application)
(1)
In section 33(1), replace “prescribed form”
with “appropriate prescribed form”
.
(2)
After section 33(1), insert:
(1A)
In the case of a project information memorandum for a non-consented small stand-alone dwelling, the application must, in addition to complying with subsection (1), contain the following information:
(a)
a description of the proposed building work; and
(b)
initial design plans for the proposed building work.
8 Section 34 amended (Issue of project information memorandum)
(1)
Replace section 34(1) with:
(1)
A territorial authority must issue a project information memorandum—
(a)
within 10 working days after receiving an application in relation to a non-consented small stand-alone dwelling; or
(b)
in any other case, within 20 working days after receiving an application under section 31(1)(a) or 32.
(2)
In section 34(2), replace “the period”
with “the relevant period”
.
(3)
In section 34(4), replace “the period”
with “the relevant period”
.
9 New section 34A inserted (Lapse of project information memorandum for non-consented small stand-alone dwelling)
After section 34, insert:
34A Lapse of project information memorandum for non-consented small stand-alone dwelling
A project information memorandum for a non-consented small stand-alone dwelling lapses and is of no effect if the building work to which it relates has not been completed within—
(a)
2 years after the date of issue of the project information memorandum; or
(b)
any further period that the territorial authority may allow.
10 Section 35 amended (Content of project information memorandum)
(1)
In section 35(1AA), replace “in the prescribed form (if any)”
with “in the appropriate prescribed form for building work in connection with a non-consented small stand-alone dwelling, or in a different prescribed form, in the case of other proposed building work”
.
(2)
In section 35(1)(g), before “either”
, insert “unless the memorandum relates to a non-consented small stand-alone dwelling,”
.
11 New section 35A inserted (Additional information to be supplied in certain circumstances)
After section 35, insert:
35A Additional information to be supplied in certain circumstances
(1)
This section applies if a project information memorandum is issued by a territorial authority for a non-consented small stand-alone dwelling.
(2)
The memorandum must be accompanied by an attached document, in the prescribed form, containing—
(a)
a statement indicating whether—
(i)
the proposed building work is likely or unlikely to satisfy the characteristics of clause 1 of Schedule 1A; or
(ii)
it is unclear if the proposed building work is likely to satisfy those characteristics; and
(b)
a statement as to whether the territorial authority considers that the construction of the dwelling—
(i)
is proposed to occur on land that is, or is likely to be, subject to 1 or more natural hazards (within the meaning of section 71(3)); or
(ii)
is likely to accelerate, worsen, or result in a natural hazard on that land or any other property; and
(c)
if the territorial authority advises under paragraph (b) that there is likely to be a natural hazard present on the relevant land, a statement of whether the provisions of section 71(2) would apply if Schedule 1A did not apply; and
(d)
a description of any bylaws that may affect the design, construction, or location of the non-consented small stand-alone dwelling (for example, bylaws relating to wastewater or stormwater pipes).
12 Section 36 amended (Territorial authority may issue development contribution notice)
After section 36(2), insert:
(2A)
Subsection (2) does not apply in the case of a project information memorandum for a non-consented small stand-alone dwelling, but if an application is made for a project information memorandum for a small stand-alone dwelling of that kind and the territorial authority considers that a development contribution under the Local Government Act 2002 is payable by the owner, the territorial authority must issue a development contribution notice—
(a)
in the prescribed form; and
(b)
stating that the development contribution is required to be paid by the owner within 20 working days after the completion of the building work (as described in section 42B(6)).
13 Section 37 amended (Territorial authority must issue certificate if resource consent required)
After section 37(3), insert:
(4)
This section does not apply in respect of building work in connection with a non-consented small stand-alone dwelling.
14 Section 41 amended (Building consent not required in certain cases)
(1)
Replace section 41(1)(b) with:
(b)
any building work described in Schedule 1 or Schedule 1A for which a building consent is not required (see sections 42A and 42B); or
(2)
After section 41(2)(a), insert:
(aa)
removing any building work or class of building work from Schedule 1 as being building work for which a building consent is not required:
(3)
After section 41(2), insert:
(2A)
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1A by adding to, removing, or amending any requirements for a small stand-alone dwelling in clause 2 of Schedule 1A.
15 New sections 42B and 42C inserted
After section 42A, insert:
42B Building work for which building consent is not required under Schedule 1A
(1)
Despite section 40, a building consent is not required for building work specified in Schedule 1A, subject to the conditions set out in subsection (3) and whether or not a building consent would otherwise have been required.
(2)
Despite subsection (1), an owner who wishes to obtain a building consent for the work described in Schedule 1A, which defines a small stand-alone dwelling, may apply for a building consent for that work, and in that case this Act applies as if the work required a building consent.
(3)
The exemption created by subsection (1) is subject to the following conditions:
(a)
the building work complies with the building code to the extent required by this Act:
(b)
all building work (including all design work described in paragraph (b) of the definition of restricted building work in section 7(1)), sanitary plumbing, drainlaying, electrical work, or gasfitting is carried out in accordance with the requirements of this Act and, where applicable, the Plumbers, Gasfitters, and Drainlayers Act 2006, the Electricity Act 1992, or the Gas Act 1992, by a person who is authorised to do the work:
(c)
no building work on a non-consented small stand-alone dwelling may begin before a project information memorandum for that dwelling has been issued under section 34 by the relevant territorial authority and building work may continue only until the project information memorandum expires or lapses:
(d)
the building work is carried out on land that is not subject to a natural hazard (as advised by the relevant territorial authority), or where a natural hazard (within the meaning of section 71(3)) is present, building work is not carried out unless adequate provision has been made to protect the land, building work, or other property from the natural hazard:
(e)
the small stand-alone dwelling is not constructed over a boundary on land that comprises or partly comprises 2 or more allotments of 1 or more existing subdivisions (whether comprised in the same record of title or not).
(4)
The owner of a non-consented small stand-alone dwelling must send to the territorial authority that issued the relevant project information memorandum, within 20 working days after completion of the building work (as defined in subsection (6)),—
(a)
the records of work and other documents described in subsection (6)(a) to (d):
(b)
a set of final design plans for building, sanitary plumbing, and drainlaying work and the certificate of work required by section 45AA.
(5)
A person who contravenes subsection (4) commits an infringement offence and is liable to a fine not exceeding $1,000.
(6)
For the purposes of this Act, building work in connection with a non-consented small stand-alone dwelling is complete when the owner of the building has received from the relevant designers, builders, plumbers, drainlayers, electricians, and gasfitters the—
(a)
records of work required under section 88 for restricted building work:
(b)
records of work required under section 27A of the Plumbers, Gasfitters, and Drainlayers Act 2006 for sanitary plumbing and drainlaying work:
(c)
all certificates of compliance and electrical safety certificates required under the Electricity Act 1992 or the Electricity (Safety) Regulations 2010 for electrical work or any corresponding document under subsequent legislation that amends or replaces that Act or those regulations:
(d)
all certificates of compliance and gas safety certificates required under the Gas Act 1992 or the Gas (Safety and Measurement) Regulations 2010 for gasfitting work or any corresponding document under subsequent legislation that amends or replaces that Act or those regulations.
42C Purpose of section 42B(4)
(1)
The purpose of section 42B(4) is to ensure that the owner and future owners of a non-consented small stand-alone dwelling know who carried out the building work, sanitary plumbing, drainlaying, electrical, and gasfitting work, as applicable, and have access to information or knowledge about the ongoing maintenance requirements of the building.
(2)
Section 42B(4) does not require a territorial authority to assess or inquire into any information supplied to it under that provision.
16 New section 45AA inserted (Certificate of work required for non-consented small stand-alone dwelling)
After section 45, insert:
45AA Certificate of work required for non-consented small stand-alone dwelling
(1)
This section applies if final design plans are submitted by a person under section 42B(4)(b) in connection with the building work for a non-consented small stand-alone dwelling.
(2)
The final design plans containing design work for building work that is restricted building work must be accompanied by a certificate of work.
(3)
The certificate of work must—
(a)
be provided by 1 or more licensed building practitioners who carried out or supervised that design work; and
(b)
identify work described in paragraph (b) of the definition of restricted building work in section 7(1); and
(c)
state that the design work complies with the building code.
(4)
A certificate of work provided under section 42B(4)(b) 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.
17 Section 88 amended (Licensed building practitioner to provide record of work in respect of restricted building work)
(1)
After section 88(1), insert:
(1A)
Each licensed building practitioner who carries out or supervises restricted building work on a non-consented small stand-alone dwelling must, on completion of the restricted building work, provide the owner with a record of work, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised.
(2)
In section 88(4), after “subsection (1)”
, insert “or (1A)”
.
18 Section 90D amended (Owner-builder exemption)
After section 90D(1), insert:
(1A)
Subsection (1) does not apply to building work in connection with a non-consented small stand-alone dwelling.
19 Section 177 amended (Application for determination)
In section 177(3), before paragraph (a), insert:
(aaa)
an extension under section 34A(b) of the period during which building work must be completed before the project information memorandum lapses:
20 Section 216 amended (Territorial authority must keep information about buildings)
(1)
In section 216(2)(b)(iva), replace “section 88(1)(a)”
with “section 88”
.
(2)
After 216(2)(b), insert:
(ba)
all information it has received in relation to a non-consented small stand-alone building (including the information described in section 42B(6)(a) to (d), all initial design plans, the set of final design plans for the building, plumbing, and drainlaying work, a certificate of work issued under section 45AA, and the project information memorandum issued in respect of the dwelling); and
21 Section 317 amended (Grounds for discipline of licensed building practitioners)
After section 317(1)(da), insert:
(dab)
a licensed building practitioner has failed, without good reason, in respect of restricted building work in connection with a non-consented small stand-alone dwelling that they have carried out or supervised (as the case may be), to provide the owner of the dwelling with a record of work, on completion of the restricted building work, in accordance with section 88(1A) and a certificate of work issued under section 45AA relating to the final design plans for the building; or
22 New section 392A inserted (Territorial authority not liable)
After section 392, insert:
392A Territorial authority not liable
No civil proceedings may be brought against a territorial authority or any member, employee, or agent of that authority for anything in good faith stated in, or omitted from, a statement or description required by section 35A.
23 Section 401B amended (Order in Council declaring work to be restricted building work)
In section 401B(1), replace “(other than building work for which a building consent is not required)”
with “(including building work for a non-consented small stand-alone dwelling but excluding other building work for which a building consent is not required)”
.
24 New Schedule 1A inserted
After Schedule 1, insert the Schedule 1A set out in Schedule 1 of this Act.
Part 2 Amendments to other legislation
Subpart 1—Amendments to Acts
Amendments to Local Government Act 2002
25 Principal Act
Sections 26 to 32 amend the Local Government Act 2002.
26 Section 5 amended (Interpretation)
In section 5(1), insert in its appropriate alphabetical order:
non-consented small stand-alone dwelling has the same meaning as in section 7(1) of the Building Act 2004
27 Section 198 amended (Power to require contributions for developments)
After section 198(1)(b), insert:
(ba)
a project information memorandum is issued under the Building Act 2004 for building work in connection with a non-consented small stand-alone dwelling within its district:
28 Section 200 amended (Limitations applying to requirement for development contribution)
In section 200(1)(ba), after “certificate of acceptance”
, insert “for a project information memorandum for building work in connection with a non-consented small stand-alone dwelling situated within its district”
.
29 Section 202 amended (Contents of section 201 schedule)
Replace section 202(1)(b) with:
(b)
the event that will give rise to a requirement for a development contribution under section 198, whether on—
(i)
granting a resource consent under the Resource Management Act 1991; or
(ii)
granting a building consent under the Building Act 2004; or
(iii)
granting an authorisation for a service connection; or
(iv)
issuing a project information memorandum for a non-consented small stand-alone dwelling.
30 Section 209 amended (Refund of money and return of land if development does not proceed)
(1)
After section 209(1), insert:
(1A)
A territorial authority must refund or return to the applicant for a project information memorandum for a non-consented small stand-alone dwelling, or to their personal representative, a development contribution paid or land set aside under this subpart if—
(a)
the project information memorandum lapses (see section 34A of the Building Act 2004); or
(b)
the development or building in respect of which the project information memorandum was granted does not proceed; or
(c)
the territorial authority does not provide the reserve, network infrastructure, or community infrastructure for which the development contribution was required.
(2)
In section 209(2), after “subsection (1)”
, insert “or (1A),”
.
31 Section 290 amended (Development contributions)
(1)
In section 290(a)(iii), replace “and”
with “or”
.
(2)
After section 290(a), insert:
(aa)
the requirement is made in respect of the issuing, on and after the commencement of this paragraph, of a project information memorandum for a non-consented small stand-alone dwelling; and
(3)
In section 290(b), replace “or authorisation”
with “authorisation, or issue of a project information memorandum”
.
32 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in Schedule 2 of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Amendment to Local Government Official Information and Meetings Act 1987
33 Principal Act
Section 34 amends the Local Government Official Information and Meetings Act 1987.
34 Section 44A amended (Land information memorandum)
After section 44A(2)(d), insert:
(daa)
information relating to non-consented small stand-alone dwellings that comply with the requirements in section 42B of the Building Act 2004:
Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006
35 Principal Act
Sections 36 to 41 amend the Plumbers, Gasfitters, and Drainlayers Act 2006.
36 Section 4 amended (Interpretation)
In section 4, insert in their appropriate alphabetical order:
non-consented small stand-alone dwelling has the same meaning as in section 7(1) of the Building Act 2004
small stand-alone dwelling has the same meaning as in section 7(1) of the Building Act 2004
37 Section 15 amended (Exemption for householders)
After section 15(6), insert:
(6A)
However, subsection (1) does not apply in respect of any sanitary plumbing done in connection with a non-consented small stand-alone dwelling.
38 Section 16 amended (Exemption for sanitary plumbing in areas in rural districts)
After section 16(4), insert:
(4A)
However, subsection (1) does not apply in respect of any sanitary plumbing done in connection with a non-consented small stand-alone dwelling.
39 New section 27A and cross-heading inserted
After section 27, insert:
Each registered person and provisional licence holder to provide record of work in respect of prescribed sanitary plumbing or drainlaying
27A Each registered person and provisional licence holder to provide record of work in respect of prescribed sanitary plumbing or drainlaying
(1)
This section applies to each registered person and provisional licence holder who carries out or supervises prescribed sanitary plumbing or drainlaying.
(2)
The person must, on completion of the prescribed sanitary plumbing or drainlaying, provide the owner of the dwelling with a record of work, in the prescribed form, stating what sanitary plumbing or drainlaying work the registered person or provisional licence holder carried out or supervised.
(3)
A record of work given under subsection (2) does not, of itself,—
(a)
create any liability in relation to any matter to which the record of work relates; or
(b)
give rise to any civil liability to the owner that would not otherwise exist if the registered person or provisional licence holder were not required to provide the record of work.
40 Section 89 amended (Disciplinary offence)
After section 89(f), insert:
(fa)
to have failed to provide, without good reason, in respect of the prescribed sanitary plumbing or drainlaying that they have carried out, a record of work in the prescribed form on the completion of that work to the owner of the dwelling, in accordance with section 27A; or
41 Section 172 amended (Regulations)
After section 172(1)(g), insert:
(ga)
prescribing sanitary plumbing and drainlaying for which a registered person or holder of a provisional licence must provide a record of work under section 27A:
Subpart 2—Amendments to secondary legislation
Amendments to Building (Definition of Restricted Building Work) Order 2011
42 Principal order
Sections 43 and 44 amend the Building (Definition of Restricted Building Work) Order 2011.
43 Clause 5 amended (Certain building work relating to primary structure or external moisture-management systems of residential buildings to be restricted building work)
In clause 5(2)(a)(i) and (ii), after “house”
, insert “(including a non-consented small stand-alone dwelling (within the meaning of section 7(1) of the Building Act 2004))”
.
44 Clause 6 amended (Certain design work relating to primary structure or external moisture-management systems of residential buildings to be restricted building work)
In clause 6(2)(a) and (b), after “house”
, insert “(including a non-consented small stand-alone dwelling (within the meaning of section 7(1) of the Building Act 2004))”
.
Amendment to Building (Infringement Offences, Fees, and Forms) Regulations 2007
45 Principal regulations
Section 46 amends the Building (Infringement Offences, Fees, and Forms) Regulations 2007.
46 Schedule 1 amended
In Schedule 1, after the item relating to section 42 of the Building Act 2004, insert:
| s 42B | Failure of owner to supply territorial authority with specified information | 500 |
Amendment to Building (Residential Consumer Rights and Remedies) Regulations 2014
47 Principal regulations
Section 48 amends the Building (Residential Consumer Rights and Remedies) Regulations 2014.
48 Regulation 6 amended (Prescribed content for residential building contracts for prescribed minimum price or more)
In regulation 6(2)(e)(iv), after “obtaining the building consents”
, insert “(if any)”
.
Amendment to Building Regulations 1992
49 Principal regulations
Section 50 amends the Building Regulations 1992.
50 Schedule 1 amended
In Schedule 1, clause B2.3.1, second column, after the item relating to Performance B2.3.1, insert:
However, in the case of a non-consented small stand-alone dwelling (within the meaning of section 7(1) of the Building Act 2004), B2.3.1 applies from the completion of the building work (within the meaning of section 42B(6) of that Act).
Amendments to Electricity (Safety) Regulations 2010
51 Principal regulations
Sections 52 and 53 amend the Electricity (Safety) Regulations 2010.
52 Regulation 74E amended (What happens to certificates of compliance)
After regulation 74E(2), insert:
(2A)
Despite subclause (2), where the work is carried out in connection with a non-consented small stand-alone dwelling, the responsible person must provide a copy of the certificate of compliance for prescribed electrical work to—
(a)
the person who contracted for the work, if that person is readily available; and
(b)
the owner of the dwelling in which the installation or part installation is located.
53 Regulation 74G amended (What happens to electrical supply certificates)
Replace regulation 74G(1)(a) with:
(a)
provide a copy of it, within 20 working days after it is issued,—
(i)
unless subparagraph (ii) applies, to the person who contracted for the prescribed electrical work or, if that person is not readily available, to the owner or occupier of the place or thing in which the installation or part installation is located:
(ii)
if the work was done in connection with a non-consented small stand-alone dwelling, to the person who contracted for the prescribed electrical work, if that person is readily available, and to the owner of the dwelling in which the installation or part installation is located; and
Amendments to Gas (Safety and Measurement) Regulations 2010
54 Principal regulations
Sections 55 and 56 amend the Gas (Safety and Measurement) Regulations 2010.
55 Regulation 52G amended (What happens to certificates of compliance)
After regulation 52G(2), insert:
(2A)
Despite subclause (2), where the work is carried out in connection with a non-consented small stand-alone dwelling, the responsible person must provide a copy of the certificate of compliance for gasfitting work to—
(a)
the person who contracted for the work, if that person is readily available; and
(b)
the owner of the dwelling in which the installation or part installation is located; and
56 Regulation 52I amended (What happens to gas safety certificates)
Replace regulation 52I(1)(a) with:
(a)
provide a copy of it, within 20 working days after it is issued,—
(i)
unless subparagraph (ii) applies, to the person who contracted for the gasfitting work or, if that person is not readily available, to the owner or occupier of the place or thing in which the gas installation or part installation is located:
(ii)
if the work was done in connection with a non-consented small stand-alone dwelling, to the person who contracted for the gasfitting work, if that person is readily available, and to the owner of the dwelling in which the gas installation or part installation is located; and
Schedule 1 New Schedule 1A inserted into Building Act 2004
s 24
Schedule 1A Other building work for which building consent not required
ss 7, 35A, 41, 42B
1 Characteristics of small stand-alone dwelling
This schedule applies to building work in connection with a small stand-alone dwelling. A small stand-alone dwelling is a building that has all of the following characteristics:
(a)
it is stand-alone:
(b)
it is new (that is, it is wholly new and not an addition or alteration to existing building work or an existing building):
(c)
it has a net floor area that is equal to or less than 70 square metres:
(d)
it has a single storey only.
2 Requirements for small stand-alone dwelling
(1)
A small stand-alone dwelling must be constructed in accordance with the following requirements:
(a)
it meets the requirements for a detached dwelling, as defined in clause A1 of the building code:
(b)
it has a maximum height of 4 metres above the floor:
(c)
it has a floor level of up to 1 metre above the supporting ground:
(d)
it has a frame made of lightweight building products (being steel or timber):
(e)
it is at least 2 metres away from any other building or any legal boundary:
(f)
it is built using lightweight building products for the roof that have a maximum weight of 20 kilograms per square metre:
(g)
its wall cladding has a maximum weight of 220 kilograms per square metre or less:
(h)
its water supply, sanitary plumbing, and drainage must—
(i)
be simple and designed and built in accordance with the following acceptable solutions for compliance with clauses E1, G12, and G13 of the building code:
(A)
E1/AS1 or E1/AS2 for its surface water system; and
(B)
G12/AS1 or G12/AS3 for its water supply system; and
(C)
both G13/AS1 and G13/AS2 or G13/AS3 for its foul water drainage system; and
(ii)
connect to network utility operator services (NUOs), if those services are available, or, if not available, connect to on-site systems, that do not need a building consent to construct:
(i)
it must have an independent source of supply for electricity and, if gas is to be used in the dwelling, an independent source of supply for gas:
(j)
where heaters are installed, they must be either electric or gas heaters:
(k)
it does not have a level entry shower requiring a waterproof membrane.
(2)
A small stand-alone dwelling can include a garage with internal access if the characteristics in subclause (1) and requirements in subclause (2) are met.
Schedule 2 New Part 10 inserted into Schedule 1AA of Local Government Act 2002
s 32
Part 10 Provisions relating to Building and Construction (Small stand-alone Dwellings) Amendment Act 2025
59 Territorial authorities may require development contributions for small stand-alone dwellings even where not authorised by policy
(1)
This clause applies during the period beginning with the commencement of this Part of Schedule 1AA and expiring 3 years after that date.
(2)
A territorial authority may require a development contribution to be paid in respect of a non-consented small stand-alone dwelling, even if this is not authorised by, or is contrary to, the relevant policies of the territorial authority.
(3)
Subpart 5 of Part 8 applies, subject to this clause and with any necessary modifications.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Building and Construction (Small Stand-alone Dwellings) Amendment Bill
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