Schedule 1 of the Building Act exempts certain building work from requiring a building consent. The exemptions were broadened in recent years, and they are widely misunderstood in a way that creates real problems.
The two things people get wrong
Exempt from consent is not exempt from the Building Code. The work must still comply. What the exemption removes is the requirement to obtain consent and have the work inspected — not the obligation to build it properly.
If the work does not comply, that becomes apparent later, frequently at sale, and the owner carries it.
Exemptions have conditions. They are specific about size, location, materials, proximity to boundaries and whether the work is structural. Exceeding any condition takes the work outside the exemption entirely — it does not partially apply.
Common exemption categories
Broadly, Schedule 1 covers things like:
- Certain single-storey detached buildings within size limits, with conditions about use and proximity to other buildings and boundaries.
- Repairs and maintenance using comparable materials, where the work is like-for-like.
- Certain outbuildings, carports and verandahs within specified parameters.
- Some fences and retaining walls below defined heights.
- Particular categories of work carried out or supervised by a chartered professional engineer or licensed building practitioner, under conditions.
The detail matters enormously and changes, so check the current Schedule rather than relying on what applied previously or on what someone did last year.
Where people get caught
- Size creep. A structure designed within the limit that grows during construction.
- Proximity to boundaries, which several exemptions condition.
- Structural work described as maintenance. Replacing like with like is different from altering structure.
- Plumbing and drainage connections, which frequently require consent even where the structure does not.
- Changing use, which can trigger requirements around fire, accessibility and structure regardless of whether physical work needed consent.
- Sleepouts — the classic case. A structure exempt as an outbuilding may not be exempt once it contains sleeping accommodation with cooking or sanitary facilities.
Ask the council in writing
The practical protection. Councils will generally confirm whether proposed work falls within an exemption, and a written answer on file is worth having.
Ask before building, not after. Establishing after the fact that work required consent leads to a certificate of acceptance application, which is more expensive, more uncertain, and may require opening up completed work for inspection.
The resource consent layer is separate
Exemption from building consent says nothing about the district plan. Setbacks, height, site coverage, permitted activity status and any overlays apply independently.
A structure exempt under Schedule 1 can still require resource consent, and the two processes have nothing to do with each other. Check both.
Restricted building work and licensing
Where work is restricted building work — critical to structure or weathertightness on residential buildings — it must be carried out or supervised by a Licensed Building Practitioner in the relevant class, and a record of work must be provided at completion.
Some Schedule 1 exemptions specifically depend on the work being done or supervised by an LBP or chartered professional engineer. Where that is the basis of the exemption, the licensing requirement is part of the exemption rather than separate from it.
The owner-builder exemption
Owner-builders may carry out restricted building work on their own home without a licence, subject to conditions: living in or intending to live in the home, carrying out the work themselves or with unpaid help, and completing a statutory declaration lodged with the consent authority.
The exemption is limited to one dwelling in any three-year period. Owners relying on it take on the accountability the licensing regime otherwise assigns to a professional, and it can affect resale and insurance.
Why this matters at sale
Unconsented work is a recurring problem in New Zealand property transactions. A purchaser’s lawyer will check whether structures on the property had consent, and unconsented work that required it becomes a negotiation point or a deal-breaker.
Where work was genuinely exempt, being able to show why — ideally with the council’s written confirmation — resolves it immediately.
MBIE publishes guidance on Schedule 1 exemptions, restricted building work and the owner-builder exemption free at building.govt.nz, and territorial authorities publish their own guidance and confirmation processes.
General information only, not legal or building advice. Confirm exemption status with your council before starting work.
