4.5 Replacement or repositioning of water heater connected to controlled heat source

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Please note: The below exemption comes into force from 31 August 2020. You will still need a building consent if your project starts before this date.

This exemption enables an authorised person to replace and/or reposition an existing water heater of any type, as long as all the heat sources of the replaced or repositioned water heater are controlled. This exemption will not apply if a water heater has a heat source that is not controlled, such as a wetback connected to a solid-fuel heating appliance, or a solar thermosiphon system.

A controlled heat source has controls or devices that ensure the water temperature in the storage tank is no greater than 90°C.

If the proposed scope of the building work is outside the scope of this or any other exemption (eg adding solar water heating collectors to an existing water storage heater, which has provision for solar connection and is not being replaced or repositioned), we suggest that you consider applying to the council for a discretionary exemption. The council can then decide whether or not it will require a building consent. Before doing this, we recommend that you talk to the council to gauge whether or not it is prepared to exercise its discretion on your project.

Any repair or maintenance of part of a water heater (which may include the replacement of a component of the water heating system) falls outside the scope of this exemption. Exemption 36 (section4.3) deals with repairs or maintenance of part of a water heater.

Replacing a hot water cylinder which is connected to an existing wetback falls outside this exemption (refer to exemption 37 (section 4.4) for open-vented systems).

What is exempt

Water storage heaters

1. Replacing an existing valve-vented water storage heater with a thermostatically controlled valve-vented water storage heater, for example electric to electric, gas to gas, electric to gas, or gas to electric.

2. Repositioning an existing valve-vented water storage heater that has a controlled heat source.

3. Replacing an existing open-vented water storage heater with a valve-vented water storage heater that has a controlled heat source.

4.Repositioning an open-vented water storage heater, when in the new position it is connected to a controlled heat source.

Solar water storage heaters

5. Replacing and/or repositioning an existing water storage heating system comprising a water storage heater that includes controlled solar water heating collectors.

6. Replacing or repositioning an existing electric or gas water storage heater with a water storage heater system that includes controlled solar collectors.

Heat pump water storage heaters

7. Replacing a water storage heater with a heat pump water storage heater.

8. Replacing and repositioning an internal water storage heater with an external heat pump water storage heater.

9. Replacing an external water storage heater with an external heat pump water storage heater.

Instantaneous water heaters

10. Replacing or repositioning an instantaneous water heater that is thermostatically controlled.

11. Replacing an existing storage water heater with a gas instantaneous water heater.

What needs consent

1. Adding a solar collector to an existing water storage heater (even if the existing water storage heater has provision for solar connection). A building consent is required because this exemption only covers replacement or repositioning of existing water heaters.
2. Adding a wetback (not a replacement wetback) connected to a water storage heater. A building consent is required because this exemption only covers replacement or repositioning of existing water heaters. Also the wetback is an
   uncontrolled heat source.
3. Adding a split heat pump (not a replacement split heat pump) to an existing water storage heater. A building consent is required because this exemption only covers replacement or repositioning of existing water heaters.

What the law says

38. Replacement or repositioning of water heater that is connected to, or incorporates, controlled heat source.

The replacement of any water heater (including the repositioning of an existing water heater) if the replacement water heater is connected to, or incorporates, a controlled heat source or, if connected to or incorporating more than 1 heat source, 2 or more heat sources all of which are controlled.