A beginner's guide to resource and building consent processes - under the Resource Management Act 1991 and the Building Act 2004
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A beginner’s guide to resource and building consent processes under the Resource Management Act 1991 and the Building Act 2004
1
Contents Introduction
Introduction 01 Two Acts to follow
Two Acts to follow 01 Every building project must comply with the Resource Management Act 1991
The Resource Management Act 1991 02 (RMA) and the Building Act 2004 (the Building Act). These laws define the
The Building Act 2004 03 situations in which you need a resource consent and/or a building consent;
and what you need to do to get them.
A beginner’s guide to resource and building consent processes 06
The process for getting your consents will be easier if you know how the
Getting your ideas together 08
RMA and the Building Act affect your project, and what you need to do to
Step 1: Initial preparations 08 have your consents approved.
Step 2: Preliminary design 10
This guide will take you through key questions to consider, the steps to
Step 3: Get a Project Information Memorandum (PIM) 10
follow in applying for your consents, and who you need to see at each step.
Step 4: Confirm consent requirements 12
The flow chart on pages 6 and 7 sets out 14 steps, some of which may not
Resource consent process 13 apply depending on the nature of your project. This guide also refers you to
Step 5: Prepare assessment of environmental effects 13 more detailed guidance and other sources of advice.
Step 6: Seek written approval from affected parties 13
Tom and Mary are expecting
Step 7: Apply for resource consent 15
twins. Mary’s parents have offered
Building consent process 18 to come and live with them, to
help with child care. Tom and
Step 8: Final design 18
Mary want to modify their small
Step 9: Apply for building consent 18 cottage to meet their changing
circumstances. They know they
Completing your project 21 will need to keep to the rules about
Step 10: Engage a builder and start construction 21 planning and building. To find out
Step 11: Ensure inspections are carried out 22 if their idea is feasible, they need
more information and advice.
Step 12: Building is complete 23
Step 13: Get a code compliance certificate 23
Step 14: Ensure ongoing compliance 24
Further guidance and advice 251
Contents Introduction
Introduction 01 Two Acts to follow
Two Acts to follow 01 Every building project must comply with the Resource Management Act 1991
The Resource Management Act 1991 02 (RMA) and the Building Act 2004 (the Building Act). These laws define the
The Building Act 2004 03 situations in which you need a resource consent and/or a building consent;
and what you need to do to get them.
A beginner’s guide to resource and building consent processes 06
The process for getting your consents will be easier if you know how the
Getting your ideas together 08
RMA and the Building Act affect your project, and what you need to do to
Step 1: Initial preparations 08 have your consents approved.
Step 2: Preliminary design 10
This guide will take you through key questions to consider, the steps to
Step 3: Get a Project Information Memorandum (PIM) 10
follow in applying for your consents, and who you need to see at each step.
Step 4: Confirm consent requirements 12
The flow chart on pages 6 and 7 sets out 14 steps, some of which may not
Resource consent process 13 apply depending on the nature of your project. This guide also refers you to
Step 5: Prepare assessment of environmental effects 13 more detailed guidance and other sources of advice.
Step 6: Seek written approval from affected parties 13
Tom and Mary are expecting
Step 7: Apply for resource consent 15
twins. Mary’s parents have offered
Building consent process 18 to come and live with them, to
help with child care. Tom and
Step 8: Final design 18
Mary want to modify their small
Step 9: Apply for building consent 18 cottage to meet their changing
circumstances. They know they
Completing your project 21 will need to keep to the rules about
Step 10: Engage a builder and start construction 21 planning and building. To find out
Step 11: Ensure inspections are carried out 22 if their idea is feasible, they need
more information and advice.
Step 12: Building is complete 23
Step 13: Get a code compliance certificate 23
Step 14: Ensure ongoing compliance 24
Further guidance and advice 252 3
The Resource buildings. Every district or regional
The local district plan determines
The Building Act 2004
Management Act 1991 plan is different and reflects the
whether Tom and Mary will need The Building Act covers the
desires and aspirations of the local a resource consent for what they
The RMA protects land and the construction, alteration, demolition
community. propose to do. While they gather
environment. Just because you own and maintenance of new and
information for the resource
a piece of land doesn’t mean you can What is a resource consent? existing buildings throughout
consent application, Tom and
do what you want on it or with it. Mary will also think about what New Zealand. It sets standards and
The plans councils prepare set
The RMA recognises that our they have to do to obtain their procedures for people involved in
out which activities will require
neighbours and others in our building consent (see page 4). building work (including licensing
a resource consent. A resource
communities can be affected by of building practitioners) to ensure
consent is a formal approval for such
our ideas for using land and other buildings are safe, healthy, and built
things as the use or subdivision
resources – just as we can be right first time. It covers how work
of land, the taking of water, the
affected by the plans of others. can be done, who can do it, and
discharge of contaminants in water,
By protecting the environment, the when it needs to be consented and
soil or air, or the use or occupation
RMA also ensures we consider the inspected. The Building Act as it
of coastal space. It’s not just
interests of the community and relates to buildings is implemented
new buildings that may require
future generations of Kiwis. by local district and city councils.
resource consent. A new use of an
Under the RMA, regional councils existing building may also require a Under the Building Act, the Building
prepare regional plans that focus on resource consent. Just as council Code defines the minimum
the management of our air, water, plans vary, the need for resource standards buildings must meet
land and soil. City or district councils consents varies from one area to (to the extent required by the
prepare district plans that focus on another. If the activity you want Building Act). In contrast to the
managing aspects of subdivision to carry out isn’t clearly identified plans prepared under the RMA, the
and land use that can affect the as either a permitted or prohibited Building Code provides a common
environment, such as the height, activity in the plan, then you must set of minimum rules for the whole
appearance and location of buildings obtain a resource consent. If you of New Zealand.
and signs, and the noise, need certainty, councils can issue
You can get more information
glare and odour associated certificates of compliance for
about the Building Act 2004 at
with the activities that permitted activities confirming that
www.dbh.govt.nz/blc-building-act
take place in and around the activity is lawfully established.
The Ministry for the Environment has a series of 14 booklets called An Everyday
Guide to the RMA. Getting in on the Act explains the purpose of the Act, and provides
some examples of how it works. You can find copies at your local council, or on the
Ministry for the Environment’s website.2 3
The Resource buildings. Every district or regional
The local district plan determines
The Building Act 2004
Management Act 1991 plan is different and reflects the
whether Tom and Mary will need The Building Act covers the
desires and aspirations of the local a resource consent for what they
The RMA protects land and the construction, alteration, demolition
community. propose to do. While they gather
environment. Just because you own and maintenance of new and
information for the resource
a piece of land doesn’t mean you can What is a resource consent? existing buildings throughout
consent application, Tom and
do what you want on it or with it. Mary will also think about what New Zealand. It sets standards and
The plans councils prepare set
The RMA recognises that our they have to do to obtain their procedures for people involved in
out which activities will require
neighbours and others in our building consent (see page 4). building work (including licensing
a resource consent. A resource
communities can be affected by of building practitioners) to ensure
consent is a formal approval for such
our ideas for using land and other buildings are safe, healthy, and built
things as the use or subdivision
resources – just as we can be right first time. It covers how work
of land, the taking of water, the
affected by the plans of others. can be done, who can do it, and
discharge of contaminants in water,
By protecting the environment, the when it needs to be consented and
soil or air, or the use or occupation
RMA also ensures we consider the inspected. The Building Act as it
of coastal space. It’s not just
interests of the community and relates to buildings is implemented
new buildings that may require
future generations of Kiwis. by local district and city councils.
resource consent. A new use of an
Under the RMA, regional councils existing building may also require a Under the Building Act, the Building
prepare regional plans that focus on resource consent. Just as council Code defines the minimum
the management of our air, water, plans vary, the need for resource standards buildings must meet
land and soil. City or district councils consents varies from one area to (to the extent required by the
prepare district plans that focus on another. If the activity you want Building Act). In contrast to the
managing aspects of subdivision to carry out isn’t clearly identified plans prepared under the RMA, the
and land use that can affect the as either a permitted or prohibited Building Code provides a common
environment, such as the height, activity in the plan, then you must set of minimum rules for the whole
appearance and location of buildings obtain a resource consent. If you of New Zealand.
and signs, and the noise, need certainty, councils can issue
You can get more information
glare and odour associated certificates of compliance for
about the Building Act 2004 at
with the activities that permitted activities confirming that
www.dbh.govt.nz/blc-building-act
take place in and around the activity is lawfully established.
The Ministry for the Environment has a series of 14 booklets called An Everyday
Guide to the RMA. Getting in on the Act explains the purpose of the Act, and provides
some examples of how it works. You can find copies at your local council, or on the
Ministry for the Environment’s website.4 5
What is a building consent?
Tom knows that he and Mary need a building consent before
A building consent is a formal any building work can be done. If he attends to all of the issues
approval granted by your local council addressed by the Building Act, his reconfigured home will be
under the Building Act that allows safe, healthy, and suitable for his family to live in. If he does
some planning, gathers information, and talks to the right
a person to carry out building work.
people now, Tom will probably save time and money.
Building work includes work in
connection with the construction,
alteration, demolition or removal
of a building. A council will issue
a building consent only when it is
satisfied the proposed building work
will meet the requirements of the
Building Code.
You cannot carry out any building
work unless you have a building
consent. There are a few minor
exceptions to this set out in
Schedule 1 of the Building Act.
For example, decks under 1m in
height; and retaining walls less than
1.5m high that do not support any
surcharge or any additional load such
as vehicles on a road.
All building work must meet the
minimum requirements of the
Building Code even if no building
consent is required.
Note: Make sure you read more about the resource and building consent
processes before you start detailed planning. Spend time on shaping your ideas,
gathering information, and talking to the right people early to save time and
money for years to come.4 5
What is a building consent?
Tom knows that he and Mary need a building consent before
A building consent is a formal any building work can be done. If he attends to all of the issues
approval granted by your local council addressed by the Building Act, his reconfigured home will be
under the Building Act that allows safe, healthy, and suitable for his family to live in. If he does
some planning, gathers information, and talks to the right
a person to carry out building work.
people now, Tom will probably save time and money.
Building work includes work in
connection with the construction,
alteration, demolition or removal
of a building. A council will issue
a building consent only when it is
satisfied the proposed building work
will meet the requirements of the
Building Code.
You cannot carry out any building
work unless you have a building
consent. There are a few minor
exceptions to this set out in
Schedule 1 of the Building Act.
For example, decks under 1m in
height; and retaining walls less than
1.5m high that do not support any
surcharge or any additional load such
as vehicles on a road.
All building work must meet the
minimum requirements of the
Building Code even if no building
consent is required.
Note: Make sure you read more about the resource and building consent
processes before you start detailed planning. Spend time on shaping your ideas,
gathering information, and talking to the right people early to save time and
money for years to come.6 A beginner’s guide to resource 7
and building consent processes
GETTING YOUR
IDEAS TOGETHER
3 Get a Project
Information
4 Confirm consent
requirements
RESOURCE CONSENT
PROCESS
1 Initial preparations 2 Preliminary design Memorandum
5 Prepare assessment of
(PIM)
environmental effects
PIM received
If you don’t need a
resource consent go
Provide more
to step 8 (final design) 6 Seek written
approval from
information if necessary
affected parties
BUILDING CONSENT KPOINT
7 Apply for
resource consent
EC
PROCESS
CH
9 Apply for 8 Final design
building consent
Resource
consent received
Provide more
Understand any information if necessary
conditions of
Provide more consent
information if necessary 14 Ensure
ongoing
13 Get
Building consent
a code compliance
received
12 Building
COMPLETING YOUR compliance
is
certificate
PROJECT
11
EC
K POINT
complete
Ensure
CH
10 Engage a
builder and start
inspections are
carried out
construction
Understand any
conditions of
consent8 9
Getting your ideas together
• Building control staff: Also • Experts: If your project is
called ‘building officials’, they complex, you will probably need
Note: At every stage of the resource and building consent process, you should will deal with your specific expert help. You might need
ask the following key questions:
queries about the Building Act, to employ a planner, designer,
• Am I allowed to do this? • What are my obligations?
the Building Code, and building architect, engineer, surveyor, or
• Do I need a resource and/or a • How long will it take?
building consent? • How much will it cost? consent requirements. They are other specialists to help prepare
• Who do I need to talk to? • What can I do if it goes wrong? likely to process your application your applications for resource and
for a building consent. building consents. Local councils
may direct you to contact lists for
such experts.
Step 1: Initial preparations Your local district or city council is
your primary point of contact, and
When first thinking about your Tom and Mary have always
there are a number of people you will known they would need a building
building project there are some key
need to deal with there. consent. When Tom met with
things you need to do. Firstly, you
council staff about his original
need to be clear about what you • Customer service staff: They idea, they told him of the sort of
want to build and how much it might may handle your initial queries detail he would have to provide
cost. It may be helpful to write your and provide you with guidance with his application. From this,
ideas down, draw some preliminary and information. They may be it was obvious to Tom and Mary
sketches, and take photos to help supported by qualified resource that they would need to engage
you explain to others what you want a professional designer. They
consent and building control staff,
will be working closely with
to do. or they may refer detailed queries Moana so she can translate
to such experts. their ideas into working plans.
You should read information about
the resource and building consent • Resource consent staff: Often
processes that you can find in called ‘planning officers’ or
the guides referred to throughout ‘consents officers’, they will
this document. This will help you deal with your specific queries
understand who you need to see, about the RMA, local plans, and
other information you will need to resource consent requirements.
collect, and where you can obtain They are likely to process your
further advice. application for resource consent,
should you need one. Note: Every council has its own structure and processes. Ask your contact
at the council whether you need to talk to anyone else, and ask for specific
information about the processes you should follow. Information may also be
available on your council’s website.8 9
Getting your ideas together
• Building control staff: Also • Experts: If your project is
called ‘building officials’, they complex, you will probably need
Note: At every stage of the resource and building consent process, you should will deal with your specific expert help. You might need
ask the following key questions:
queries about the Building Act, to employ a planner, designer,
• Am I allowed to do this? • What are my obligations?
the Building Code, and building architect, engineer, surveyor, or
• Do I need a resource and/or a • How long will it take?
building consent? • How much will it cost? consent requirements. They are other specialists to help prepare
• Who do I need to talk to? • What can I do if it goes wrong? likely to process your application your applications for resource and
for a building consent. building consents. Local councils
may direct you to contact lists for
such experts.
Step 1: Initial preparations Your local district or city council is
your primary point of contact, and
When first thinking about your Tom and Mary have always
there are a number of people you will known they would need a building
building project there are some key
need to deal with there. consent. When Tom met with
things you need to do. Firstly, you
council staff about his original
need to be clear about what you • Customer service staff: They idea, they told him of the sort of
want to build and how much it might may handle your initial queries detail he would have to provide
cost. It may be helpful to write your and provide you with guidance with his application. From this,
ideas down, draw some preliminary and information. They may be it was obvious to Tom and Mary
sketches, and take photos to help supported by qualified resource that they would need to engage
you explain to others what you want a professional designer. They
consent and building control staff,
will be working closely with
to do. or they may refer detailed queries Moana so she can translate
to such experts. their ideas into working plans.
You should read information about
the resource and building consent • Resource consent staff: Often
processes that you can find in called ‘planning officers’ or
the guides referred to throughout ‘consents officers’, they will
this document. This will help you deal with your specific queries
understand who you need to see, about the RMA, local plans, and
other information you will need to resource consent requirements.
collect, and where you can obtain They are likely to process your
further advice. application for resource consent,
should you need one. Note: Every council has its own structure and processes. Ask your contact
at the council whether you need to talk to anyone else, and ask for specific
information about the processes you should follow. Information may also be
available on your council’s website.10 11
Step 2: Preliminary design Step 3: Get a Project Your council will provide you with a
When Tom spoke initially to
This information is needed to Information Memorandum PIM application form. The form must
the council’s resource consent
help you: (PIM) be submitted to the council with the planner, he was advised to apply
required fee (each council sets its for his PIM sooner rather than
A PIM is a report issued by councils
• discuss with the council, your own fees which are usually published later. This was good advice as
under the Building Act to help you
neighbours and other affected on their website) and include, or be it confirmed that Tom and Mary
decide whether your planning and needed a resource consent as
people what you propose to do accompanied by information such as:
building project is possible and well as a building consent for
• refine your ideas in light of
practical. Ideally, you should apply for a • the intended use of the building their project. It also indicated
those discussions the location of existing services,
PIM at an early stage: before applying • the location, description and
• confirm the costs and overall for a resource consent; or (when you which influenced where they
external dimensions of the
feasibility of the project would place the new extension.
don’t need a resource consent) before proposed building As Moana is familiar with the
• progress smoothly through later applying for a building consent. resource consent process,
• any change of use, subdivision
steps in the process. the couple have asked her to
A PIM will tell you what the council details, and previous building
prepare their application, but
knows about the proposed site and consents issued for the project
they will take responsibility for
requirements of the RMA (including • proposed vehicle access, discussing their project with
whether you may need a resource stormwater and wastewater neighbours themselves.
consent) and other Acts that might disposal, and connections to
affect your proposal and require public utilities
separate approvals. For example: • precautions to protect any
• the location of underground existing drains, sewers, wells or
pipes, natural hazards, soil types water mains
and other ground conditions • matters potentially relevant under
• the relevant provisions of the the RMA (such as modified site
council’s district plan, council contours and sunlight access
bylaws, the Fire Service Act 1975, planes).
the Local Government Act 2002
and the Historic Places Act 1993.
Note: Make sure the person who draws up your preliminary plans understands
the requirements of the RMA and the Building Code and how to represent them.
This would include a site plan showing the boundaries of your property and
surrounding properties, how much of the site the building will cover, any existing
and proposed buildings, and elevations (basic drawings showing what the building
will look like from all sides).10 11
Step 2: Preliminary design Step 3: Get a Project Your council will provide you with a
When Tom spoke initially to
This information is needed to Information Memorandum PIM application form. The form must
the council’s resource consent
help you: (PIM) be submitted to the council with the planner, he was advised to apply
required fee (each council sets its for his PIM sooner rather than
A PIM is a report issued by councils
• discuss with the council, your own fees which are usually published later. This was good advice as
under the Building Act to help you
neighbours and other affected on their website) and include, or be it confirmed that Tom and Mary
decide whether your planning and needed a resource consent as
people what you propose to do accompanied by information such as:
building project is possible and well as a building consent for
• refine your ideas in light of
practical. Ideally, you should apply for a • the intended use of the building their project. It also indicated
those discussions the location of existing services,
PIM at an early stage: before applying • the location, description and
• confirm the costs and overall for a resource consent; or (when you which influenced where they
external dimensions of the
feasibility of the project would place the new extension.
don’t need a resource consent) before proposed building As Moana is familiar with the
• progress smoothly through later applying for a building consent. resource consent process,
• any change of use, subdivision
steps in the process. the couple have asked her to
A PIM will tell you what the council details, and previous building
prepare their application, but
knows about the proposed site and consents issued for the project
they will take responsibility for
requirements of the RMA (including • proposed vehicle access, discussing their project with
whether you may need a resource stormwater and wastewater neighbours themselves.
consent) and other Acts that might disposal, and connections to
affect your proposal and require public utilities
separate approvals. For example: • precautions to protect any
• the location of underground existing drains, sewers, wells or
pipes, natural hazards, soil types water mains
and other ground conditions • matters potentially relevant under
• the relevant provisions of the the RMA (such as modified site
council’s district plan, council contours and sunlight access
bylaws, the Fire Service Act 1975, planes).
the Local Government Act 2002
and the Historic Places Act 1993.
Note: Make sure the person who draws up your preliminary plans understands
the requirements of the RMA and the Building Code and how to represent them.
This would include a site plan showing the boundaries of your property and
surrounding properties, how much of the site the building will cover, any existing
and proposed buildings, and elevations (basic drawings showing what the building
will look like from all sides).12 13
Resource consent process
Allow plenty of time (at least several Step 4: Confirm consent Step 5: Prepare assessment Step 6: Seek written
weeks) for you and any experts requirements of environmental effects approval from affected
you employ to collect and present
At this point, you will know whether All applications for resource parties
the information needed for the PIM
you need both a resource consent consent must be accompanied by Affected parties are any person or
application. The council can request
and building consent for your project. an assessment of environmental organisation that might be affected
further information after you submit
It is important that you have these effects (AEE). Your council’s by your project. Commonly affected
the application.
specific requirements confirmed in website, the district plan, and parties will include your immediate
The council must issue the PIM writing from your council, either in a council staff will tell you what neighbours, but they may include
within 20 working days after PIM, or in a letter. information you need to include. people who are further away. The
receiving the application, or within council will be able to advise in your
If it is clear that you do not need If your project could have significant
10 working days after any further case who it considers will be an
a resource consent, then you can effects on the environment, you
information has been received. affected party. The council may then
proceed directly to Step 8. might need specialist advice
ask you to seek the written approval
to prepare the AEE. Generally,
of those parties. You are not obliged
the bigger the project, the more
to seek their approval, but it is likely
extensive the AEE requirements will
to make the processing of your
be, and the more you will benefit
application more straightforward.
from professional advice.
To enable those parties to work out
whether they can support your project
or not, you will need to be open and
honest, provide as much information
about your project as possible, listen
to any concerns, and discuss how you
might address them. You will need to
document who you consulted with
and what they said in your AEE.
For more information on how to prepare an AEE see the Ministry for the
Environment’s Guide to Preparing a Basic Assessment of Environmental Effects.
Note: The PIM may include a notice stating that you cannot start work before
Note: In some cases, the council will decide to notify your application for resource
your resource consent is approved. This is likely if the council thinks the resource
consent, either generally, or to a specific group of people it considers are potentially
consent will impose conditions that will affect your building plans.
affected. This might happen when affected parties don’t give approval or if the council
Note: If you do not obtain written confirmation of what is required from you, decides the effects of the activity are more than minor. Public notification allows people
there is a risk that you will focus on gathering the wrong information, or insufficient to make submissions, and hearings into the application are often then held. Generally,
information, and that you may be then faced with unnecessary delay or expense. the likelihood of notification depends on the scale and significance of your project.12 13
Resource consent process
Allow plenty of time (at least several Step 4: Confirm consent Step 5: Prepare assessment Step 6: Seek written
weeks) for you and any experts requirements of environmental effects approval from affected
you employ to collect and present
At this point, you will know whether All applications for resource parties
the information needed for the PIM
you need both a resource consent consent must be accompanied by Affected parties are any person or
application. The council can request
and building consent for your project. an assessment of environmental organisation that might be affected
further information after you submit
It is important that you have these effects (AEE). Your council’s by your project. Commonly affected
the application.
specific requirements confirmed in website, the district plan, and parties will include your immediate
The council must issue the PIM writing from your council, either in a council staff will tell you what neighbours, but they may include
within 20 working days after PIM, or in a letter. information you need to include. people who are further away. The
receiving the application, or within council will be able to advise in your
If it is clear that you do not need If your project could have significant
10 working days after any further case who it considers will be an
a resource consent, then you can effects on the environment, you
information has been received. affected party. The council may then
proceed directly to Step 8. might need specialist advice
ask you to seek the written approval
to prepare the AEE. Generally,
of those parties. You are not obliged
the bigger the project, the more
to seek their approval, but it is likely
extensive the AEE requirements will
to make the processing of your
be, and the more you will benefit
application more straightforward.
from professional advice.
To enable those parties to work out
whether they can support your project
or not, you will need to be open and
honest, provide as much information
about your project as possible, listen
to any concerns, and discuss how you
might address them. You will need to
document who you consulted with
and what they said in your AEE.
For more information on how to prepare an AEE see the Ministry for the
Environment’s Guide to Preparing a Basic Assessment of Environmental Effects.
Note: The PIM may include a notice stating that you cannot start work before
Note: In some cases, the council will decide to notify your application for resource
your resource consent is approved. This is likely if the council thinks the resource
consent, either generally, or to a specific group of people it considers are potentially
consent will impose conditions that will affect your building plans.
affected. This might happen when affected parties don’t give approval or if the council
Note: If you do not obtain written confirmation of what is required from you, decides the effects of the activity are more than minor. Public notification allows people
there is a risk that you will focus on gathering the wrong information, or insufficient to make submissions, and hearings into the application are often then held. Generally,
information, and that you may be then faced with unnecessary delay or expense. the likelihood of notification depends on the scale and significance of your project.14 15
The council considers that garden, well away from their
Step 7: Apply for resource • notify the application only to
Tom and Mary’s extension has patio. On the other hand, they’re consent potentially affected parties and
only minor effects and that concerned that the windows in invite them to make a submission
Once you have completed your AEE
their neighbours are the only the extension will have a view (the officer will contact people
and obtained any written approvals
people that are potentially straight into their lounge. They or organisations that might be
you are in a good position to apply
affected. If the couple can get feel that although they are mates affected)
the written approval of their and happy to see each other, for resource consent. Collect the
neighbours, their application future owners mightn’t feel the application form from your council or • publicly notify the application
will not need to be notified. same. The potential saleability their website. and call for submissions from
of their house might be affected. any party
The council planner identifies This is an easy fix for Tom at this Take your application to your council
the couple’s neighbours as • hold a hearing at which you and
early stage. He alters the position and pay your application fee. A
potentially affected parties as submitters can put your views.
of the windows on his plans. resource consents officer will write
the roof eaves of the extension
contravene the district plan by a report and make recommendations The council can reject the application
blocking their sunlight. Tom and on your application. They will decide and return it within 5 working
Mary want to preserve their good whether to: days if it is incomplete. It should
relationship with their neighbours, decide whether to notify the
so they’ll tell them about their • reject the application as
application within 10 working days
plans as soon as possible. incomplete
of receiving it. If you’ve provided all
It turns out that their neighbours • ask for more information
the information, and the application
aren’t too concerned that the • approve the application without doesn’t need to be notified, the
eaves block their sunlight, as publicly notifying it council should make a decision
it only affects the end of their
within 20 working days. If the
application needs to be notified, the
council should be able to make a
decision within 4 months.
The Ministry for the Environment’s guide Applying for a Resource Consent
The Ministry for the Environment’s guides Consultation for Resource confirms the essential elements of the process. For information on the
Consent Applicants and Your Rights as an ‘Affected Person’ provide hearing process, in the event that your application is notified, refer to the
guidance on talking to potentially affected parties, and an insight into Ministry for the Environment guides Making a Submission on a Resource
how you can see your project from their perspective. Consent and Appearing at a Resource Consent Hearing.14 15
The council considers that garden, well away from their
Step 7: Apply for resource • notify the application only to
Tom and Mary’s extension has patio. On the other hand, they’re consent potentially affected parties and
only minor effects and that concerned that the windows in invite them to make a submission
Once you have completed your AEE
their neighbours are the only the extension will have a view (the officer will contact people
and obtained any written approvals
people that are potentially straight into their lounge. They or organisations that might be
you are in a good position to apply
affected. If the couple can get feel that although they are mates affected)
the written approval of their and happy to see each other, for resource consent. Collect the
neighbours, their application future owners mightn’t feel the application form from your council or • publicly notify the application
will not need to be notified. same. The potential saleability their website. and call for submissions from
of their house might be affected. any party
The council planner identifies This is an easy fix for Tom at this Take your application to your council
the couple’s neighbours as • hold a hearing at which you and
early stage. He alters the position and pay your application fee. A
potentially affected parties as submitters can put your views.
of the windows on his plans. resource consents officer will write
the roof eaves of the extension
contravene the district plan by a report and make recommendations The council can reject the application
blocking their sunlight. Tom and on your application. They will decide and return it within 5 working
Mary want to preserve their good whether to: days if it is incomplete. It should
relationship with their neighbours, decide whether to notify the
so they’ll tell them about their • reject the application as
application within 10 working days
plans as soon as possible. incomplete
of receiving it. If you’ve provided all
It turns out that their neighbours • ask for more information
the information, and the application
aren’t too concerned that the • approve the application without doesn’t need to be notified, the
eaves block their sunlight, as publicly notifying it council should make a decision
it only affects the end of their
within 20 working days. If the
application needs to be notified, the
council should be able to make a
decision within 4 months.
The Ministry for the Environment’s guide Applying for a Resource Consent
The Ministry for the Environment’s guides Consultation for Resource confirms the essential elements of the process. For information on the
Consent Applicants and Your Rights as an ‘Affected Person’ provide hearing process, in the event that your application is notified, refer to the
guidance on talking to potentially affected parties, and an insight into Ministry for the Environment guides Making a Submission on a Resource
how you can see your project from their perspective. Consent and Appearing at a Resource Consent Hearing.16 17
The council will inform you whether You can make a formal objection to
If Tom and Mary hadn’t altered their preliminary designs, and the
your application has been approved the council. You will be able to attend
neighbours had not provided their written approval, the council
or declined and provide you with a hearing on your objection. would have notified the application. The neighbours might then
a copy of its decision. If your have made a submission opposing the application and asked to
You can also lodge a formal appeal be heard at a hearing. Tom and Mary would have been given the
application is approved, you should:
with the Environment Court if you opportunity to be heard as well. The council would then have made
• understand any conditions are unhappy with the council’s a decision whether to grant the application or not, or to impose
attached to your resource decision on your application and/or certain conditions, based in part on what was heard at the hearing.
consent on your objection. The Environment
• note whether you (or the council) Court makes an independent
are obliged to monitor compliance decision and has the same power as
with those conditions a District Court.
• note whether the activity for
You need to make your objection
which your resource consent has
or appeal in writing and within
been granted has an expiry date
15 working days of receiving the
• check the timeframe for starting council’s decision. The Environment
the activity. In many cases, the Court process is quite long, and
resource consent will lapse if it can take at least 6 months for a
work isn’t started within 5 years decision to be reached. The courts
from the date the consent was are based in Auckland, Wellington,
granted. and Christchurch, but also travel to
other centres.
If your application is declined, or if it
is granted subject to conditions that
you are unhappy with, you have a
couple of options.
Note: Bear in mind that if submitters are unhappy with the council’s decision
(on a notified application) they also have a right of appeal. If your application was
publicly notified, you must allow time for people to lodge an appeal. In such cases,
Note: Costs vary between councils, so check with the council responsible for you can’t start work until the appeal period ends without any appeals being lodged
the area in which you are going to build. However, you can expect to pay several (15 working days) or after any appeals that are lodged are either determined or
hundreds of dollars for a non-notified consent, and possibly several thousands withdrawn. The appeal process can be very costly. The court submission costs are
for a notified consent. You’ll probably pay a lodgement fee when you submit your a small part of the total expenses. Consult a professional for advice if you want to
application, and the rest when you receive the decision on your application. These make an appeal or if any appeal is lodged against the council’s decision on your
figures do not include the costs of getting an expert to prepare your application or application by another party. They can tell you how much it will cost, how long it
appear on your behalf at any hearing. will take, and your chance of success.16 17
The council will inform you whether You can make a formal objection to
If Tom and Mary hadn’t altered their preliminary designs, and the
your application has been approved the council. You will be able to attend
neighbours had not provided their written approval, the council
or declined and provide you with a hearing on your objection. would have notified the application. The neighbours might then
a copy of its decision. If your have made a submission opposing the application and asked to
You can also lodge a formal appeal be heard at a hearing. Tom and Mary would have been given the
application is approved, you should:
with the Environment Court if you opportunity to be heard as well. The council would then have made
• understand any conditions are unhappy with the council’s a decision whether to grant the application or not, or to impose
attached to your resource decision on your application and/or certain conditions, based in part on what was heard at the hearing.
consent on your objection. The Environment
• note whether you (or the council) Court makes an independent
are obliged to monitor compliance decision and has the same power as
with those conditions a District Court.
• note whether the activity for
You need to make your objection
which your resource consent has
or appeal in writing and within
been granted has an expiry date
15 working days of receiving the
• check the timeframe for starting council’s decision. The Environment
the activity. In many cases, the Court process is quite long, and
resource consent will lapse if it can take at least 6 months for a
work isn’t started within 5 years decision to be reached. The courts
from the date the consent was are based in Auckland, Wellington,
granted. and Christchurch, but also travel to
other centres.
If your application is declined, or if it
is granted subject to conditions that
you are unhappy with, you have a
couple of options.
Note: Bear in mind that if submitters are unhappy with the council’s decision
(on a notified application) they also have a right of appeal. If your application was
publicly notified, you must allow time for people to lodge an appeal. In such cases,
Note: Costs vary between councils, so check with the council responsible for you can’t start work until the appeal period ends without any appeals being lodged
the area in which you are going to build. However, you can expect to pay several (15 working days) or after any appeals that are lodged are either determined or
hundreds of dollars for a non-notified consent, and possibly several thousands withdrawn. The appeal process can be very costly. The court submission costs are
for a notified consent. You’ll probably pay a lodgement fee when you submit your a small part of the total expenses. Consult a professional for advice if you want to
application, and the rest when you receive the decision on your application. These make an appeal or if any appeal is lodged against the council’s decision on your
figures do not include the costs of getting an expert to prepare your application or application by another party. They can tell you how much it will cost, how long it
appear on your behalf at any hearing. will take, and your chance of success.18 19
Building consent process
Step 8: Final design ask you for plans, specifications, The Building Act specifies that If your application is approved, you
and the PIM. Generally the amount building consent applications must should carefully read and be sure
Engage a suitably qualified designer
of information required will depend be processed within 20 working that you understand the conditions of
to produce detailed plans and
on the complexity of your building days. The process goes on hold if your building consent. The consent
specifications for what you intend
project. the council has to ask for any more directs you to build what is shown in
to build. These plans will support
information, and it doesn’t start your plans, and during inspections,
your application for building consent
Moana prepares the plans and again until the council receives the building officials will judge the work
and, ultimately, guide your builder.
information to support Tom information it needs. If you get all against those plans.
If needed, engage any additional
and Mary’s application for your documents together before you
experts to work with your designer
building consent. The application lodge your application, the process
(eg, engineers). Tom and Mary’s application
includes a recent certificate of
should go quickly and smoothly. for building consent is
title and detailed plans showing
Step 9: Apply for building the site and the foundations,
approved. Together with their
An incomplete application will take
consent drainage, bracing and other
resource consent, they now
council staff longer to process, and have the permissions they
You, (with assistance from a construction details associated
they might charge you accordingly. need to begin their project.
representative such as your builder with the proposed extension.
The fees may be based on the value
or designer), then apply for a building
of the proposed building work
consent by filling in and lodging
and/or the time it takes to complete
with the council an application form,
the assessment.
other necessary information, and
the relevant fee. Application forms A council can grant or decline
list each section of the Building a building consent application.
Code and ask you to show how Generally, however, a consent
your project meets the relevant must be granted by a council if it is
requirements. The council will also satisfied that the provisions of the APP
ROV
ED
Building Code will be met.
For more detailed information on applying for a building consent refer to
The Guide to Applying for a Building Consent (Simple Residential Buildings)
which is available on the Department of Building and Housing’s website.
Note: Some councils have fixed fees, while others charge variable fees for PIM and
building consent processing and for each inspection. There may be government levies
and possibly council development levies to pay. Check with the council and make sure
Note: Ensure the final design meets any relevant conditions attached to your you know about all the fees and levies you will have to pay. You will also need
resource consent. to pay a designer or other experts for their time should you use one to assist you.18 19
Building consent process
Step 8: Final design ask you for plans, specifications, The Building Act specifies that If your application is approved, you
and the PIM. Generally the amount building consent applications must should carefully read and be sure
Engage a suitably qualified designer
of information required will depend be processed within 20 working that you understand the conditions of
to produce detailed plans and
on the complexity of your building days. The process goes on hold if your building consent. The consent
specifications for what you intend
project. the council has to ask for any more directs you to build what is shown in
to build. These plans will support
information, and it doesn’t start your plans, and during inspections,
your application for building consent
Moana prepares the plans and again until the council receives the building officials will judge the work
and, ultimately, guide your builder.
information to support Tom information it needs. If you get all against those plans.
If needed, engage any additional
and Mary’s application for your documents together before you
experts to work with your designer
building consent. The application lodge your application, the process
(eg, engineers). Tom and Mary’s application
includes a recent certificate of
should go quickly and smoothly. for building consent is
title and detailed plans showing
Step 9: Apply for building the site and the foundations,
approved. Together with their
An incomplete application will take
consent drainage, bracing and other
resource consent, they now
council staff longer to process, and have the permissions they
You, (with assistance from a construction details associated
they might charge you accordingly. need to begin their project.
representative such as your builder with the proposed extension.
The fees may be based on the value
or designer), then apply for a building
of the proposed building work
consent by filling in and lodging
and/or the time it takes to complete
with the council an application form,
the assessment.
other necessary information, and
the relevant fee. Application forms A council can grant or decline
list each section of the Building a building consent application.
Code and ask you to show how Generally, however, a consent
your project meets the relevant must be granted by a council if it is
requirements. The council will also satisfied that the provisions of the APP
ROV
ED
Building Code will be met.
For more detailed information on applying for a building consent refer to
The Guide to Applying for a Building Consent (Simple Residential Buildings)
which is available on the Department of Building and Housing’s website.
Note: Some councils have fixed fees, while others charge variable fees for PIM and
building consent processing and for each inspection. There may be government levies
and possibly council development levies to pay. Check with the council and make sure
Note: Ensure the final design meets any relevant conditions attached to your you know about all the fees and levies you will have to pay. You will also need
resource consent. to pay a designer or other experts for their time should you use one to assist you.20 21
Completing your project
If your application is declined, the Step 10: Engage a builder lapses, and you still want to do
council will tell you the reasons why. and start construction the work, you will have to apply
You may need to seek help from your for a new building consent.
expert advisors or council staff. Now that you have your resource
• The Building Act anticipates that
and building consents, you can get
building work will be completed
If you believe the council is wrong to work! The next important step is
and a code compliance certificate
you can ask the Department of to engage the contractor(s) who will
applied for within 2 years of the
Building and Housing for a carry out the work.
building consent being granted.
determination. Determinations are
Here are some other important An extension to this 2-year period
legally binding decisions on disputes
points to note as you work on your can be agreed with the council.
or questions about the rules that apply
to buildings. Go to the Department building: • The council can issue a notice
of Building and Housing’s website at to fix if you don’t comply with
• Your building consent will lapse if
www.dbh.govt.nz/determinations to the Building Act; for example,
you don’t start your building work
find out more about determinations. if you don’t follow your building
within 12 months unless you
Check the ‘previous determinations’ consent, or you don’t comply
have made arrangements with
on the website – some of them with the inspection process.
the council for a longer period
might be about situations like yours. A notice to fix requires you to put
to apply. If the building consent
right any breaches of the Building
A determination can be appealed to Act. You could be fined if you, or
the District Court. your builder, fail to comply with a
notice to fix.
For more detailed information on licensed building practitioners refer to
the publication Occupational Licensing in the Building Sector which is
available on the Department of Building and Housing’s website.
Note: A building consent is granted on the basis of specific drawings and
Note: The council can add a condition to your building consent limiting or specifications. This determines what you must build. You can’t change any details,
preventing you from starting before any necessary resource consents are obtained key materials, or products unless they are agreed in an amendment to the building
or approved. This might happen in a situation where you applied for a building consent. Depending on the significance of the change, the process for amending a
consent without realising that you needed a resource consent. In such a situation the building consent may be the same as for the initial application. If you want to change
council will consider whether that resource consent (if obtained) is likely to impose your plans before or during construction, you must tell the council. The council will
conditions that will affect your building plans. tell you what is required to amend the building consent.20 21
Completing your project
If your application is declined, the Step 10: Engage a builder lapses, and you still want to do
council will tell you the reasons why. and start construction the work, you will have to apply
You may need to seek help from your for a new building consent.
expert advisors or council staff. Now that you have your resource
• The Building Act anticipates that
and building consents, you can get
building work will be completed
If you believe the council is wrong to work! The next important step is
and a code compliance certificate
you can ask the Department of to engage the contractor(s) who will
applied for within 2 years of the
Building and Housing for a carry out the work.
building consent being granted.
determination. Determinations are
Here are some other important An extension to this 2-year period
legally binding decisions on disputes
points to note as you work on your can be agreed with the council.
or questions about the rules that apply
to buildings. Go to the Department building: • The council can issue a notice
of Building and Housing’s website at to fix if you don’t comply with
• Your building consent will lapse if
www.dbh.govt.nz/determinations to the Building Act; for example,
you don’t start your building work
find out more about determinations. if you don’t follow your building
within 12 months unless you
Check the ‘previous determinations’ consent, or you don’t comply
have made arrangements with
on the website – some of them with the inspection process.
the council for a longer period
might be about situations like yours. A notice to fix requires you to put
to apply. If the building consent
right any breaches of the Building
A determination can be appealed to Act. You could be fined if you, or
the District Court. your builder, fail to comply with a
notice to fix.
For more detailed information on licensed building practitioners refer to
the publication Occupational Licensing in the Building Sector which is
available on the Department of Building and Housing’s website.
Note: A building consent is granted on the basis of specific drawings and
Note: The council can add a condition to your building consent limiting or specifications. This determines what you must build. You can’t change any details,
preventing you from starting before any necessary resource consents are obtained key materials, or products unless they are agreed in an amendment to the building
or approved. This might happen in a situation where you applied for a building consent. Depending on the significance of the change, the process for amending a
consent without realising that you needed a resource consent. In such a situation the building consent may be the same as for the initial application. If you want to change
council will consider whether that resource consent (if obtained) is likely to impose your plans before or during construction, you must tell the council. The council will
conditions that will affect your building plans. tell you what is required to amend the building consent.You can also read
