Legal requirements

Legal requirements

After your building is flooded, it may need remedial work to help it dry out and to repair any damage. It is important to remember that any repair works will still need to be carried out in accordance with the requirements of the Building Act 2004, your local council, and any other legislation that may apply.

Certain types of building work, such as restricted building work, must be carried out or supervised by a licensed building practitioner.

Building Code

The New Zealand Building Code sets national building performance standards.

All building work – even building work that does not require a building consent – must comply with the Building Code.

Building Act 2004

The Building Act 2004 (the Building Act) and its regulations set out the rules for building work and the rights and responsibilities of homeowners. Homeowners are responsible for ensuring rebuild or repair work complies with the Building Act and regulations.

Other laws

Other laws can affect your project, including council bylaws, your local District or Unitary Plan and the Resource Management Act 1991, health and safety requirements and laws specifying that qualified professionals must do certain plumbing, gas fitting, drainlaying and electrical work.

Building consents

Some remediation work will require a building consent.

The CanIBuildIt tool helps you find out if your building work needs a building consent, and what you need to do before starting physical work.

There are many building projects that don't require a building consent, which makes it easier and faster for you to get on with certain building projects.

If you have undertaken building work under urgency that needed a building consent without first obtaining one (refer Building Act s41(1)(c)) the building owner must, as soon as practicable after completion of the building work, apply for a certificate of acceptance from their local Building Consent Authority.

Building Act 2004 No 72 (as at 07 September 2022), Public Act 41 Building consent not required in certain cases – legislation.govt.nz

Resource consents

If you are planning repair work that will alter the size, shape or footprint of the building, and/or undertaking siteworks that changes the shape or surfacing of the ground, you may require a Resource Consent. You should check your local District or Unitary Plan, and/or discuss your proposed changes with your local council before starting work on them.

If you are repairing a building to the same size, shape and materials as the original, that building work is unlikely to require a resource consent.