Alterations to existing buildings

Extra conditions apply when submitting a consent that alters an existing building.

When you make a building consent application to alter an existing building Section 112 Building Act 2004 requires the Council to be satisfied that after the alteration the building will:

Comply, as nearly as is reasonably practicable, with the provisions of the building code that relate to:

  • means of escape from fire; and
  • access and facilities for persons with disabilities (if this is a requirement in terms of section 118)
  • if it complied with the other provisions of the building code immediately before the building work began, continue to comply with those provisions
  • if it did not comply with the other provisions of the building code immediately before the building work began, continue to comply at least to the same extent as it did then comply.

The consent however may be able to be granted without it needing to comply with the provisions of the building code if the Council is satisfied that if the building were required to comply with the relevant provisions of the building code, the alteration would not take place and the alteration will result in improvements to the building that relate to:

  • means of escape from fire
  • or access and facilities for persons with disabilities.

The improvements would also need to outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code.

More information can be found on the Ministry of Business, Innovation and Employment (MBIE) web site.