Building Consents vs Resource Consents: What You Need to Know:
Construction projects often require two distinct types of approval: building consent and resource consent. These consents serve different purposes in New Zealand and are governed by separate laws. They are both crucial elements in ensuring that development projects meet legal requirements and community standards.
Understanding the difference, and when you need one (or both), is essential for a smooth, compliant project.
This review explores the nature, purpose and key differences between building consent and resource consent.
What is a Building Consent?
A building consent is a legal requirement under the Building Act 2004, only registered Building Consent Authorities (BCAs) can issue building consents and certify building works. Building consent ensures that construction work complies with the New Zealand Building Code which focuses on:
- structural safety
- weather tightness
- fire safety
- durability
- accessibility
- plumbing
- energy efficiency
- functionality of the building itself
It is required for most building projects, including new buildings, plumbing works, and significant alterations including changes to fire safety measures. Some low-risk works are exempt under works identified in Schedule 1 of the Building Act. This schedule is reviewed from time to time and should be checked online for a complete set of exemptions. Only the owner or a person with the owners’ approval can apply for building consent on a property.
The building consent process involves submitting detailed plans and specifications to the local council. These are then assessed to ensure compliance with the Building Code. Once approved, regular inspections are carried out during construction to verify that the work is being done according to the approved plans.
Public buildings such as schools, council facilities and businesses are also checked annually under the Building Act’s Warrant of Fitness process to ensure that fire egress and safety measures are being maintained.
What is a Resource Consent?
Resource consent is required under the Resource Management Act 1991, when an activity does not comply with the permitted provisions of a district or regional plan.
You may need resource consent for:
- subdivision of land
- construction or extension of buildings
- using land or buildings for specific activities
- taking of water
- discharge of contaminants
- earthworks
- the use or occupation of coastal space.
If the activity complies with the District Plan rules, resource consent is not required. This compliance depends on the project’s potential effects on the environment, neighboring properties and local zoning rules. The resource consent is more focused on the environmental effects and impact on surrounding areas.
The primary purpose of the resource consent process is to balance development with environmental conservation and community interests. Councils will assess how the activity aligns with policy framework and potential environmental, economic and social impacts. Considering factors include the scale of the building, noise, traffic, aesthetics and effects on neighbors.
Key Points
Any person can apply for resource consent on a property. The consent is tied to that property and is not transferable.
The applications may be processed as publicly notified, or non-notified, depending on the extent of potential adverse effects.
Compliance with resource consent conditions is mandatory for all parties involved in a project, including owners, builders and subcontractors. Failure to comply can result in site shutdowns, fines or legal actions.
The Differences
The issuing authority for both Building and resource consents can be District Council or Regional Council. While most construction projects require building consent some may also require resource consent. Activities such as subdivision, water take, earthworks or discharges do not require building consent but are likely to require resource consent. If you’re unsure, it’s always best to check with your local council or a planning consultant early on.
Why Professional Advice is Important
Understanding these differences is crucial for property owners and developers to ensure compliance with all necessary regulations when undertaking construction or development projects. As the applicant or owner, it is essential to stay informed about the requirements and processes associated with both types of consents to ensure successful project outcomes and regulatory compliance.
Getting expert advice is always recommended. Our consultants will help you:
- understand the rules
- identify risks
- save time and money
- avoid costly mistakes or delays
Your planning consultant will advise on current regulatory and council requirements, removing the stress and complexity enabling you to obtain clear direction on requirements, associated timeframes, costs and risks involved.
If you’re starting a project, make sure you know which consents you need and get advice early to keep your project on track.
– Written by Gayani Chandrasekera – Planner, Cheal Taupō and Jason Ward – Regional Manager, Cheal Bay of Plenty –
