Do you need a building consent?
Some building work can occur as exempt work or in an emergency which may mean you will not need a building consent - read about exempt work here.
Exempt work is low risk building work that the homeowner takes responsibility for. Council is not required to keep records of exempt building work, instead it is the responsibility of the homeowner to carefully read the exemption document, arrange for the appropriate tradespeople to carry out the work, and ensure all work complies with the NZ Building Code.
Check the handy build tool from Ministry of Business Innovation & Employment (MBIE) to find out if you need a building consent before starting work.
Every building project must comply with both the Building Act (2004) and the NZ Building Code. It must also meet the requirements of the Hamilton City Council Operative Plan.
Some building work can occur as exempt work. Exempt work is exempt from requiring a building consent under Schedule 1 of the Building Act. The type of exempt projects are described in the MBIE (Ministry of Business Innovation & Employment) guide for exempt work here.
This is not to be confused with applying to the Territorial Authority (Council) for a Discretionary Exemption which is discussed below.
Schedule 1 Exempt work is low risk building work that the homeowner takes responsibility for-it needs to comply with the NZ Building Code and be carried out by the appropriate registered tradespeople. You could also check the handy build tool from MBIE to decide if you need a building consent before starting work.
Council is not required to keep records of exempt building work-instead it is the responsibility of the homeowner carrying out the work to carefully read the exemption document from MBIE and to carry out the exempt work as per the NZ Building Code.
Examples of types of building work that are not exempt work and so require a building consent before the work starts include: adding new plumbing fixtures such as a toilet, basin, shower, greasetrap or sink, installing a solid fuel heater, building/placing a shed/cabin/garage closer than its own height to a legal boundary, replacing or making a tiled shower area, building a swimming pool fence, installing roof solar panels, and installing external wall insulation.
Did you know that installing roof solar panels and installing external wall insulation building consents are free?
If you would like to discuss your project with the Building Technical Officer then please phone 07 838 6512 or email buildingtechnical.inquiries@hcc.govt.nz
What is a building consent?
Building consent is approval by Council that the proposed building, plumbing or drainage work can go ahead. The consent confirms that the plans comply with the NZ Building Code. Council aims to process building consent applications within 20 working days.
Before you plan any building work visit the Build Waikato (Co-Lab) website for further information about building in the Waikato.
You can refer to this handy guide to give you the overview of the building consent process.
What's the difference between a building consent and a resource consent
Resource consents are requirements under the Resource Management Act which are triggered under the Hamilton City Operative Plan. Resource consents are part of the work of the Hamilton City Council Planning Unit not the Building Unit. To find out if your building work will require a resource consent, please email planning.guidance@hcc.govt.nz or make an appointment with the Duty Planner by phoning 07 838 6699.
What's a discretionary exemption?
A Discretionary Exemption is for building work that ordinarily requires a building consent-the Territorial Authority ( Council ) can exempt certain works from this requirement if you can demonstrate the following criteria: the completed building work is likely to comply with the NZ Building Code or if it does not comply with the Building Code then it is unlikely to endanger people or buildings.
An example could be that you wish to build a carport that is 43m2. As this exceeds the size limit set out in Schedule 1 of the Building Act 2004 ( see exemption 18a ),and as it is only a minor increase on what is already exempt, an application for a Discretionary Exemption may be a better option that a full Building consent application.
A Discretionary Exemption application needs to contain all relevant plans, specifications and any other supporting documentation to be assessed against the criteria listed above, it may also be helpful to include the specialist/registered trades or systems are involved and list any onsite inspections or checks concerning quality assurance.
To apply for a discretionary exemption, obtain the “Apply for an exemption from Building Consent" application form from the Build Waikato website, and email the completed form with the relevant information about the proposal to building.unit2@hcc.govt.nz
Project Information Memorandum
A Project Information Memorandum (PIM) provides information on the requirements of the Building Act and other Acts related to the proposed building works. A PIM provides information about the special features of the site such as Heritage status, natural hazards, details of stormwater and wastewater systems and additional consents that need to be obtained for the building work.
A PIM application can be made online in the same place as a Building consent application. Or you can email building.unit2@hcc.govt.nz to request an in-person pre-application meeting. Remember a PIM does not replace the need to lodge a Building consent. A PIM application needs to be lodged with drawings outlining the project; dimensioned site plan, site drainage plan, floor plans (general floor plan of each level) and elevations.
A PIM must be issued by Council within 20 working days of application.
Possible Development Contribution levies
Development contribution levies are charged on new development work to cover infrastructure costs for fresh water, wastewater, stormwater, reserves, transport and community infrastructure. They can also be required when an additional self-contained area is planned such as a granny flat (ancillary dwelling). To request an estimate for potential fees email dco@hcc.govt.nz. These fees are payable before a building consent is granted.
Need more information?
Contact the Building Unit on building.unit2@hcc.govt.nz
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Last updated 10 June 2025