Building (Exempt Building Work) Order 2019


Coat of Arms of New Zealand

Building (Exempt Building Work) Order 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of June 2019

Her Excellency the Governor-General in Council

This order is made under section 41(2) of the Building Act 2004 on the advice and with the consent of the Executive Council.


1 Title

This order is the Building (Exempt Building Work) Order 2019.

2 Commencement

This order comes into force on 1 July 2019.

3 Schedule 1 of Building Act 2004 amended

In the Building Act 2004, Schedule 1, after clause 13, insert:

13A Ground moisture barrier

Building work in connection with the installation in an existing building’s subfloor space of a ground moisture barrier.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

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

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.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 June 2019.

This order is administered by the Ministry of Business, Innovation, and Employment.