What building work doesn't need consent in NZ?

Schedule 1 of the Building Act 2004 lists exempt work. Common exemptions include: detached buildings under 10 m² on a single-storey slab (e.g., a small shed), retaining walls under 1.5m not supporting surcharge, decks under 1.5m above ground, fences under 2.5m, re-roofing with like-for-like materials, internal lining replacement, and routine maintenance. But there are many conditions — always check with your local council.

What size shed can I build without consent in NZ?

A detached, single-storey outbuilding under 10 m² ground floor area that is on a concrete slab and has no plumbing or electrical connections can be built without consent under Schedule 1 of the Building Act 2004. It must not be used for sleeping, it must not be in a high-risk hazard zone (flood, coastal, landslide), and must meet minimum setbacks under your district plan. Always confirm with your council before starting.

Do I need consent to build a deck in NZ?

It depends on the height. Decks up to 1.5m above the ground surface below are exempt from building consent. Once any part of the deck is more than 1.5m above the ground (e.g., on a sloped section), you need a building consent. Regardless of height, check your district plan for setback requirements from boundaries.

Can I do my own building work in NZ?

For exempt work (Schedule 1) — yes, you can do it yourself. For work requiring a building consent, the physical building work itself does not need to be done by a Licensed Building Practitioner (LBP), but all restricted building work (structure, external envelope, fire systems) must be carried out or supervised by an LBP. The owner can still manage and coordinate the project — see our owner-builder guide.

What happens if I build without consent when one is needed?

Your council can issue a notice to fix, requiring you to obtain retrospective consent or remove the work. You may also be fined up to $200,000. More practically: you won't get a Code Compliance Certificate, which creates disclosure obligations when selling and may affect your insurance. Buyers' lawyers almost always ask about unconsented work.

Do I need consent to re-roof my house in NZ?

Generally not, if you're replacing like-for-like (same material, same weight, same profile). But if you're changing the roofing material type (e.g., tile to metal), adding skylights, or modifying the roof structure, consent is required. Always confirm with your council, especially for heavier materials which may affect structural loads.

🏗️ What Building Work Can I Do Without Consent in NZ? (2026)

The Building Act 2004 requires a building consent for most construction work — but Schedule 1 of the Act lists specific exemptions. Here's what you can legally build or modify without going through the consent process.

Important: Schedule 1 exemptions are from building consent only. You may still need resource consent under your district plan (e.g., for setbacks and height limits). Always check with your local council before starting.

Common Exempt Building Work — Schedule 1 Summary

Type of Work	Consent Required?	Key Conditions
Small detached outbuilding (shed, studio)	No — if <10 m²	Single storey, no plumbing/sleep use, not in a hazard zone
Deck	No — if <1.5m high	Height measured from lowest ground below deck. Any part above 1.5m → consent needed
Retaining wall	No — if <1.5m high	Must not support surcharge (structures, vehicles, soil above). Over 1.5m → consent
Fence	No — if <2.5m high	Check district plan for boundary setback rules
Re-roofing	No — like-for-like only	Same material, same weight. Changing from tile to metal → consent
Internal lining	Usually no	Replacing GIB, plasterboard. Cannot alter fire-rated walls
Routine maintenance	No	Like-for-like repair of existing building elements
Swimming/spa pool	No — fencing rules still apply	Pool fencing under the Fencing of Swimming Pools Act is mandatory regardless
House extension / new room	YES — always	Any addition to the building footprint requires consent
Bedroom conversion	Usually YES	Changing use or adding bedrooms usually triggers consent

ℹ️ The 10 m² Rule — Small Outbuildings

The most commonly used exemption. A detached outbuilding of 10 m² or less ground floor area can be built without consent if it's single-storey, sits on a concrete slab or similar, has no plumbing, isn't used for sleeping accommodation, and isn't in a natural hazard zone. A 3×3m garden shed (9 m²) qualifies; a 3×4m studio with a toilet does not.

The Deck Height Rule in Practice

The 1.5m measurement is taken from the lowest ground surface below any part of the deck. On a sloped section, this matters a lot:

Flat section: deck 500mm off the ground — clearly exempt
Flat section: deck 1m off ground on posts — exempt
Sloped section: deck is 800mm on the uphill side but 2.1m on the downhill side — not exempt, consent required

If consent is triggered, you'll also need an LBP to carry out or supervise the structural work.

Restricted Building Work — Even With Consent

When a building consent is required, certain elements must be done by a Licensed Building Practitioner (LBP):

Structural work (foundations, beams, structural walls)
External envelope (cladding, roof, external joinery)
Fire-safety systems

This doesn't mean all the work needs an LBP — an owner-builder can do plenty themselves, but the restricted elements must be carried out or supervised by someone with the right LBP class. See our Can I Be My Own Builder? guide.

⚠️ What Happens If You Build Without Consent When One Is Required

Notice to fix — council can require you to obtain retrospective consent or demolish
Fine up to $200,000 under the Building Act 2004
No Code Compliance Certificate — affects insurance and property sale
Disclosure obligation at sale — solicitors ask about unconsented work; non-disclosure is fraud
Insurance complications — your insurer may reduce a payout if a claim is related to unconsented work

Resource Consent vs Building Consent — Don't Confuse Them

There are two separate consents with different purposes:

Building consent (from your council's building department) — checks the structure is safe, meets the NZ Building Code. Schedule 1 exemptions apply here.
Resource consent (from your council's planning department) — checks the work complies with your district plan (setbacks, height, site coverage, etc.). Schedule 1 exemptions do NOT cover resource consent.

You can be exempt from building consent but still need a resource consent — e.g., building a fence close to a boundary.

Before You Start — The Checklist

Check whether your work falls under a Schedule 1 exemption
Check your district plan for setbacks, coverage limits, and permitted activity status (available on your council's GIS map)
Check for natural hazard overlays (flood, coastal, landslide) — these often remove exemptions
If in doubt, call your local council's duty planner — this is free advice and takes 10 minutes
If exempt: proceed, keep records, photograph the work before covering it
If consent is required: engage an LBP designer, apply for consent before starting

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Frequently Asked Questions

Can I build a sleepout without consent in NZ?

No. Sleepouts (used for sleeping accommodation) are excluded from the Schedule 1 small outbuilding exemption regardless of size. You need a building consent for any sleeping space — and usually an LBP to carry out the work.

Do I need consent to replace my windows?

Generally not for like-for-like replacement (same size, similar performance). But if you're enlarging openings, changing the frame material significantly, or if your house is a heritage building, consent may be needed. Window replacement is "restricted building work" (external envelope), so even where consent isn't needed, you should use an LBP installer to maintain your producer statement trail.

Do I need consent to build a carport?

Possibly not. A freestanding carport can fall under the small outbuilding exemption if under 10 m². An attached carport (connected to the house) is usually not exempt as it affects the main building. Check with your council and confirm your district plan setback for structures.

What does it cost to get a building consent?

Council consent fees vary by the value of the work and the council. For a simple deck or shed that does require consent, budget $500–$2,000 in council fees. A full house extension might cost $3,000–$8,000 in fees alone. Your designer or builder will include this estimate when quoting.

Can I get retrospective consent for unpermitted work?

Sometimes — called a "Certificate of Acceptance" under Section 96 of the Building Act 2004. The council inspects existing work and issues a certificate if it meets the Building Code. However, they are not obliged to issue one, the work may need to be opened up for inspection, and the council can still issue a notice to fix instead. It's not a guaranteed path.