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Bin Enquiry FormIf you're making alterations to an existing building, section 112 of the Building Act 2004 has to be considered.
Section 112 (1) of the Act requires Council, as the Building Consent Authority, to be satisfied that after the alterations the building will comply, as nearly as is reasonably practicable, with the current provisions of the Building Code that relate to:
To be satisfied that consideration of Section 112 has been undertaken, Council will assess the extent to which the proposed upgrade will be effective to bring the building to the relevant Building Code standards. As part of the building consent application, building owners will need to provide an evaluation of:
The evaluation should also detail the benefits and sacrifices required so Council can consider what is ‘reasonably practicable’.
For more detailed information on alterations take a look at the associated Guidelines from MBIE.
Section 115 of the Building Act 2004 will apply. This section ensures that when changing the use of a building, the current building stock is being upgraded toward the current provisions of the Building Code, specifically relating to:
In the same way, Council will need to assess the extent to which the proposed upgrade will be effective to bring the building to the relevant Building Code standards. As part of the building consent application, building owners will need to provide an evaluation of:
The evaluation should also detail the benefits and sacrifices required so Council can consider what is ‘reasonably practicable’.
You also need to let Council know if you intend to subdivide land in a way that affects a building – e.g. if you are dividing a large house into multiple units. (see section 116A of the Building Act).
For more detailed information on changes of use, take a look at the associated Guidelines from MBIE.
Some buildings have a specified intended lifespan, either due to code compliance inadequacies or because they were constructed to be temporary buildings. When a building consent is issued on a building like this, it is subject to the condition that it be altered, demolished or removed before the end of its life.
However, Council can approve an ‘extension of life’ if we are satisfied that the building can continue to perform for a longer period.
If you would like to extend the life of a building you’ll need to provide us with written notice.
For more detailed information about extensions of life, take a look at the associated Guidelines from MBIE.
When an existing building is subdivided into unit titles the final sign off of these subdivision decisions (s224(f) certificate) involves consideration that the building or part of a building:
This ensures that these developments meet minimum Building Code compliance levels under section 116A of the Building Act 2004 and the Building Code. The applicant for the subdivision needs to provide sufficient information as part of their application to show how these requirements will be achieved.