Other Legislation & Conditions
Compliance with other legislation
Documents submitted with a building consent application sometimes contain information that does not relate to building code compliance, but is still relevant to Council.
Details in the specifications and plans may, for example, be included to show compliance with:
- the District Plan (a Resource Management Act 1991 (RMA) issue)
- other Acts (such as the Health Act 1956)
- council bylaws.
A building consent may be issued with a “Section 37” certificate attached. This certificate prohibits work commencing until resource management issues have been resolved. The reasons for any restrictions will be identified on the attached certificate.
What are Building Consent conditions?
Conditions are requirements imposed on your Building Consent, these are deemed necessary to ensure the compliance of the proposed building. The conditions are listed on the building consent and you must comply with these conditions. The following are allowable conditions under the Building Act 2004 and regulations:
- Section 67(2) RE: Waivers and modification
- Section 73 RE: Natural Hazards
- Section 75(2) RE: Building on 2 or more allotments
- Section 90 RE: Inspections by building consent authorities
NOTE: This can also include any third party certification that the building work complies with the plans and specifications, for example, Producer statements or memoranda. - Section 113 (2) RE: buildings with specified intended lives
Advice or advisory notes may also be attached to the building consent. This information is provided to assist you. It is important that you read and understand all of these requirements prior to commencing work. If you do not understand any requirement imposed, please contact us.
If specialist inspections are required, these will be agreed to between Council and the applicant during the consent process. Specialist inspections (typically engineering disciplines), will generally mean that a producer statement will be required.
How long is my Building Consent valid for?
Work must start on your project within 12 months of the date the building consent was issued. If we have not been contacted to undertake any inspections before then, we will contact you advising that the building consent will lapse at the expiry of the 12-month period. You may decide not to do the work, in which case the consent will lapse, or you may apply for an extension of time to start the work. Extensions of time are considered on a case-by-case basis. Requests for an extension of time must be made on the appropriate form and be received before the expiry date.
If we do not hear from you within the stated time the consent will lapse and have no effect.
Requesting more time
Use the form below to apply for an extension of time. Return the completed form to Council with the application fee (see Building Services fees and charges). This may be done by the builder on the owner’s behalf but responsibility remains the owner’s.