Before you begin

Restricted Building Work is work which is critical to the integrity of certain residential buildings i.e. ensures the building is structurally sound and weather-tight and must be undertaken or supervised by a LBP. RBW must be identified in your building consent application and be accompanied by a certificate of design.

If the work to your home does not include work to the primary structure or its weather-tightness, then it is unlikely to be restricted building work.

Before a code compliance certificate can be issued the owner must provide DCC with copies of a memorandum (record of building work) from each of the LBP that undertook or supervised the work.

After RBW starts the owner must advise the DCC as soon as practicable if:

• a practitioner ceases to be engaged to carry out or supervise RBW
• another practitioner is engaged to carry out or supervise the RBW.

Use our online form to advise us if there is a change to the LBP.

RBW guidance to assist with determining whether your project involves restricted building work is available in the related information section below.

For more information, please visit the Licensed Building Practitioner and MBIE websites (external links, new windows).

Owner-builders are able to carry out restricted building work on their own home if they meet the owner-builder criteria. A statutory declaration is required to be completed and witnessed by a Justice of the Peace or someone else authorised by law to do so and submitted with the building consent application before the construction of restricted building work on your home starts. An owner-builder is responsible for ensuring the restricted building work carried out under the owner-builder exemption complies with the building consent and relevant plans and specifications.

Future buyers will have access to information that shows the restricted building work was carried out by the owner rather than a licensed building practitioner.

For more information please visit the MBIE website (external link, new window).

You can complain to the Licensed Building Practitioners Board about what an LBP did or did not do. You can also complain about work that they have supervised or work that they have overseen or instructed, including work carried out by subcontractors that they have instructed.

The Board has the right to discipline an LBP if the work or the actions they took falls within the ‘grounds for discipline of licensed practitioners’ detailed in section 317 of the Building Act 2004.

The Board does not deal with disputes about payments or other commercial disputes.

For more information refer to the guidance in the related information area.

An application is required to connect or disconnect to/from a DCC water main. Building owners are responsible for having all drains sealed at connection to the DCC sewer(s). A Certifying Drainlayer is to carry out this work and it must be inspected by the DCC. All costs are the responsibility of the building owner. Drains must be sealed prior to moving any dwelling.

If you fail to seal the drains and have the work inspected before the demolition is carried out, you may be required to dig up the drains to verify they are correctly sealed. All costs the DCC incurs will be invoiced directly to the owner of the property.

More information is available on the Water supply page in the related information area.

If you’re planning to build across two or more allotments, there are some legal requirements to consider first (Sections 75 to 80 of the Building Act 2004).

A building consent for the construction of a building across two or more allotments will include a condition preventing the allotments being transferred or leased separately in the future, even if those allotments are recorded on the same record of title.

Additionally, a Section 75 certificate signed by the Dunedin City Council (DCC) and the registered owner(s) needs to be lodged with the Registrar-General of Land (Land Information New Zealand - LINZ). This will be included on the record(s) of title of the allotments the building is to be built across. The Section 75 certificate will specify that the relevant allotments must not be transferred or leased separately.

In most cases, Section 75 certificates are prepared and lodged by the DCC. However, there are instances when the DCC requires the registered owner(s) to instruct either their own lawyer or the DCC’s lawyer to prepare and lodge the Section 75 certificate. This typically happens when more complex matters are involved. The registered owner(s) are responsible for all relevant costs and fees (including legal fees and LINZ fees).

Complete the Construction of building on 2 or more allotments check sheetif you require a Section 75 condition to be imposed or removed independently of a building consent application. The form also includes guidance on the process.

What should I check before signing and returning my Section 75 certificate?

• The applicant for building consent must own the allotment(s), or act as the agent for the landowner(s).
• The allotment descriptions and registered owner(s) exactly match the information shown on the record(s) of title.
• Where it is not clear from the record of title who has the authority to sign on behalf of an entity, check the appropriate authorisation records e.g., New Zealand Companies Office for authorised signatories for an Incorporated Society.
• All registered owner(s) must sign the certificate in their correct capacity.
• All allotments are freehold (fee simple) and under common ownership.
• If the Section 75 process is not linked to an active building consent, please complete a Section 75 check sheet. This provides debtor information, property address etc to the DCC, enabling us to prepare the certificate and complete the relevant process.
• LINZ lodgement fees and DCC administration fees may apply. Please see DCC fees and charges information on the following link Building services general charges - Dunedin City Council

What to do with a signed Section 75 Certificate?

• We require an original signed certificate on file and unfortunately cannot accept electronic signatures for these.
• Please do not date the certificate. We will date the certificate when the DCC sign it.
• Certificates can be hand delivered or couriered to Dunedin City Council Building Services, 50 The Octagon, Dunedin 9016, or posted to Dunedin City Council Building Services, PO Box 5045 Dunedin 9054.

Still not sure? Feel free to either email us on building@dcc.govt.nz or ring on 03 477 4000 and a member of our Building Services team will be happy to help.

Building consent application packs are available to assist you with submitting a complete application for building consent. Our commercial application pack includes a check sheet and guidance designed to ensure applicants know up front what information is required to accompany the application.

Incomplete applications or lack of any supporting information will mean the application will not be accepted for processing.

We suggest applying for a certificate for public use with the building consent application if premises are to be used by members of the public, before a code compliance certificate is issued. For more information refer to the Certificate for Public Use section below.

Specified systems are features which are designed to save lives such as emergency warning systems, fire alarms, sprinklers, smoke detectors, etc. Specified systems are not usually installed in residential situations; they are unique to a building and complex in nature, for this reason it is strongly recommended that the designer completes the compliance schedule section of the building consent application form.

If your application involves specified systems, the Specified System List and the Specified System Form for building consent applications (for each specified system) are required to be completed. The list must include the specified systems being added, altered or removed as part of the project and include the compliance standards, the version (year) of those standards, and inspection, maintenance and reporting requirements for each system.

More information and guidance is available on the Compliance schedule and building warrant of fitness page.

A certificate for public use (CPU) is used to certify that premises or parts of premises affected by building work are safe to be used by members of the public, before a code compliance certificate is issued.

You must have a CPU if the public are to have access to all or parts of the building (either during construction or on completion) before a code compliance certificate is issued. Anyone who owns, occupies or controls premises intended for public use may apply for a CPU. A CPU does not relieve the owner of a building from the obligation to apply for a code compliance certificate.

We have 20 working days to process a CPU application, however, we aim to process them as quickly as possible.

We will only issue a CPU when satisfied it is safe for members of the public to use the premises. It is the owner’s responsibility to make sure a CPU is current.

We recommend using the online portal (new window) to submit your application. You need to be a registered user (new window) to sign in and lodge an application online. The online form replaces the need to fill in a PDF application form.

For more information please visit the MBIE website (external link, new window).

We recommend engaging an experienced professional to help you meet the requirements associated with this section of the Building Act. We are also available to help with any information you may need.

If you are making alterations to an existing building (that is not earthquake-prone) section 112 of the Building Act (external link, new window) has to be considered. Visit Alterations to existing buildings for more information (new window).

Alterations to existing buildings guidance.

All buildings have an indefinite life exceeding 50yrs. At times, due to building work, they could be assessed to have an agreed specified life of less than 50 years possibly due to inadequacies of building code compliance or on owners request to have a temporarily located building. In this situation section 116 of the Building Act (external link, new window) applies.

Where a building with a specified intended life is issued with a building consent that is subject to the condition the building be altered, demolished or removed before the end of its life, an 'extension of life' can be obtained on a request from the owner, if the Territorial Authority is satisfied on reasonable grounds the building can satisfactorily perform for a further specified time.

An owner of a building must give written notice to the Dunedin City Council if it proposes extending the life of a building.

For more information please visit the MBIE website (external link, new window).

If you are subdividing a building or part of a building, you need to show us that it complies with section 116A of the Building Act (external link, new window).

A Territorial Authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purposes of giving effect to a subdivision affecting a building or part of a building unless it is satisfied, on reasonable grounds, that the building will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following:

• means of escape from fire
• access and facilities for people with disabilities (if this is a requirement for the building)
• protection of other property.

The building must also continue to comply with the other provisions of the building code to at least the same extent as before the subdivision application was made. This often requires a building consent application to undertake any necessary work to upgrade a building.

For more information please visit the MBIE website (external link, new window).

If you are thinking about carrying out building works it is important to consider any natural hazards that may be present, and how they may affect compliance with the Building Act 2004 and the New Zealand Building Code.

Natural hazards include:

• Erosion (including coastal, bank, and sheet erosion)
• Falling debris (including soil, rock, snow and ice)
• Subsidence
• Inundation (including flooding, overland flow, storm surge, tidal effects, and ponding)
• Slippage

A land information memorandum (LIM) or project information memorandum (PIM) will identify hazards that Council know about.

New building work or alterations should be designed with any natural hazard in mind. The Building Act requires Council to consider building consent applications for new buildings or major alterations on land that is subject to a natural hazard.

Section 71 of the Building Act states Council must refuse to grant a building consent if the land on which the building work is to be carried out is subject or is likely to be subject to 1 or more natural hazards, or the building work is likely to accelerate, worsen, or result in a natural hazard on that land (or any other property), unless adequate provision is made or will be made to protect the land, building work, or other property, or restore any damage to that land or other property.

Where Council considers that the building work itself will not accelerate, worsen, or result in a natural hazard then building consent can be granted subject to Section 72 of the Building Act.

When a building consent is granted subject to Section 72 Council must notify the District Land Registrar to arrange an endorsement on the record of title advising the consent has been issued pursuant to Section 72. This notice warns future property owners of the natural hazard and takes away Council liability if there is damage as a result of the natural hazard.

If you think natural hazards may apply to your project, we strongly recommend you seek professional or legal advice and read the MBIE determination (link above) so you can make fully informed decisions.

MBIE have developed guidance on the natural hazard provisions of the Building Act.

Council also has guidance on Building on land subject to a natural hazard.

Contact Building Services for more information on 03 477 4000 or email building@dcc.govt.nz.

The term is specifically defined in the Building Act 2004, which includes regulations assigning a ‘use’ to every building or part of a building (schedule 2 of the regulations).

Schedule 2 divides the uses of all or parts of buildings into four broad types - crowd activities, sleeping activities, working/business/storage activities, and intermittent activities – and more specific use categories under each (15 in total)

A change of use occurs when both the following conditions are met:

• The use of a building (or part of a building) changes from one use to another as defined by the regulations; and
• The new use has more onerous or additional building code requirements than the old use.

For example, a typical residential home does not require access facilities for people with disabilities but may do if the building is being used for another purpose, such as a doctor’s surgery. This would be a change of use as both conditions are met.

If you are a property owner and you are planning to change the use of your building, please get in touch with us at the Dunedin City Council (DCC) and let us know.

You can notify us in two ways:

1. Via a building consent application (if a building consent is required); or
2. Online - ePathway Home (dunedin.govt.nz). Note, you need to be registered to apply for a change of use online.

We need to be satisfied the building’s new use will comply with Building Act requirements, before you can change the use of your building. We will confirm this in writing once we’re satisfied.

In technical terms, this means the building needs to comply as ‘nearly as is reasonably practicable’ with specified provisions of the building code. Where compliance with a particular provision of the code is not required, your change of use must still avoid causing or worsening non-compliance with that code.

It’s worth remembering building consent and/or resource consent may also be required before you can begin any new activity planned for your building.

We recommend talking to your building professional about your plans. If you’re still not sure, feel free to get in touch with the DCC’s Building Services team to discuss. You can call us on 03 477 4000 or simply visit our Civic Centre reception and we’ll be happy to help.

Further information:

MBIE guidance – change of use and alterations

• Changing the use of an old community hall to a residential dwelling (insulation to exterior walls and bathroom/kitchen upgrades).
• Turning a residential dwelling into a childcare facility (bathroom/kitchen upgrades, fire safety systems, accessibility to the building).
• Changing the use of a building or part of a building from a warehouse with five staff to a large retail display space with an increased occupancy over 100 staff and customers (fire safety systems, accessibility to the building).
• Setting up a home-based hair dressing salon in a spare bedroom (fire separations between salon and rest of dwelling and accessibility to the building).
• A business owner temporarily relocates their offices and staff to a residential dwelling.  The current use of the dwelling is SH (sleeping single home).  The new use is WL (working low). This is a change of use because the activity or use has changed, and the building code requirements are more onerous for the new use.  For example, under structural performance there is a need to consider increased floor loadings and/or adequate toilet numbers under sanitary facilities.  Therefore, the owner must notify the Territorial Authority of the proposed change of use.
• Part of a suburban library is temporarily converted into office space to provide for approximately 100 people that have been displaced from their earthquake-damaged building.  As the use of that part of the building changes from CL (crowd large) to WL (working low) and there are more onerous building code requirements (for example, sanitary facilities) this would be considered a change of use.
• A residential dwelling is converted from SH (sleeping single home) into two rental residential units SR (sleeping residential).  This change will result in more onerous requirements for protection of other property, internal moisture and fire rating performance (for example, fire separations between residential units) and is therefore considered a change of use.

• An existing residential garage is converted to a bedroom.  Both the old use as a garage and the new use as a domestic bedroom are the same (SH).
• A nightclub is converted to a pool hall with the result that the occupancy drops from 250 to 90 people. Although the classification changes from CL (Crowd Large) to CS (Crowd Small), there is no change of use as the building code requirements are not additional or more onerous.

Building Act 2004:

Section 114 - Owner must give notice of change of use, extension of life, or subdivision of buildings

1. In this section and section 115, change the use, in relation to a building, means to change the use of the building in a manner described in the regulations.
2. An owner of a building must give written notice to the territorial authority if the owner proposes:
   1. to change the use of a building; or
   2. to extend the life of a building that has a specified intended life; or
   3. to subdivide land in a manner that affects a building.
3. A person who fails to comply with subsection (2)
   1. commits an offence; and
   2. is liable on conviction,
      1. in the case of an individual, to a fine not exceeding $5,000:
      2. in the case of a body corporate, to a fine not exceeding $25,000.

Section 115 - Code compliance requirements: change of use

An owner of a building must not change the use of the building,

1. in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and
2. in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,
   1. will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:
      1. means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
      2. access and facilities for persons with disabilities (if this is a requirement under section 118); and
   2. will,
      1. if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or
      2. if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005:

Change of use

Section 5 - Change the use: what it means

For the purposes of sections 114 and section 115 of the Act, change the use, in relation to a building, means to change the use (determined in accordance with regulation 6) of all or a part of the building from one use (the old use) to another (the new use) and with the result that the requirements for compliance with the building code in relation to the new use are additional to, or more onerous than, the requirements for compliance with the building code in relation to the old use.

Section 6 - Uses of buildings for purposes of regulation 5

1. For the purposes of regulation 5, every building or part of a building has a use specified in the table in Schedule 2.
2. A building or part of a building has a use in column 1 of the table if (taking into account the primary group for whom it was constructed, and no other users of the building or part) the building or part is only or mainly a space, or it is a dwelling, of the kind described opposite that use in column 2 of the table.