Exempt Building Work: What You Can (and Can't) Do Without a Building Consent

What "Exempt Building Work" Actually Means

Not every job around the house needs a building consent. Schedule 1 of the Building Act 2004 lists low-risk work that can be carried out without applying for consent first. MBIE (the Ministry of Business, Innovation and Employment) publishes guidance grouping these exemptions by project type.

But "exempt" doesn't mean "no rules apply." It means you skip the consent application step. Getting the work right, keeping records, and following other laws is still on you.

What Still Applies Even When Work Is Exempt

• The Building Code still applies. MBIE is explicit: all exempt building work is still required to meet the Building Code, in the same way consented work must.
• Other legislation still applies. The Resource Management Act 1991 and your council's district or regional plan can still require a resource consent or other approval, even when no building consent is needed. Check with your council before you start.
• Existing buildings can't be made worse. If exempt work alters an existing building, that building must still comply with the Building Code to at least the same extent it did before the work.
• Exemptions are not retrospective. If work wasn't exempt at the time it was done and no consent was obtained, it may need a certificate of acceptance later - that's a more awkward process than getting it right the first time.

Some Work Still Needs a Licensed or Chartered Professional

Several exemptions only apply if the work is designed, carried out, or supervised by the right professional:

• Work that must be designed, or have its design reviewed, by a Chartered Professional Engineer (CPE).
• Plumbing and drainage work, which must be done by someone authorised under the Plumbers, Gasfitters and Drainlayers Act 2006.
• Work that must be carried out, or have its construction supervised, by a Licensed Building Practitioner (LBP).

Some professional registrations count automatically as LBP licensing - for example, registered architects are deemed licensed in design, and Chartered Professional Engineers are deemed licensed in both design and site work.

Small Standalone Dwellings ("Granny Flats")

MBIE's guidance also covers an exemption for small standalone dwellings. It comes with its own conditions: all work must be carried out or supervised by licensed professionals, and the usual council discretionary exemptions don't apply. On completion, you need records such as final design plans, Records of Work from LBPs, Certificates of Work from designers, and any required electrical or gas safety certificates.

If Your Project Is "Close" to an Exemption

Sometimes work falls just outside the strict scope of a Schedule 1 exemption. Councils can grant a discretionary exemption in these cases, but it's their call, not yours - so talk to your council before starting rather than assuming you're covered.

Why It's Worth Checking Properly

Deciding whether work is exempt is the owner's responsibility, not the council's. Getting it wrong has consequences: doing non-exempt work without consent is an offence, a council can issue a notice to fix, and unconsented work can complicate insurance or a future sale. When you sell, you're expected to tell the council about exempt work and provide supporting documents such as drawings and photos - lodging these doesn't mean the council checked the work, but it creates a record.

If there's any doubt, you can apply for a building consent anyway, even for work that may be exempt, simply for the certainty of a council sign-off.

The Practical Takeaway

"Exempt" is a shortcut around the consent application - not a shortcut around doing the job properly. Before relying on an exemption, check the specific Schedule 1 clause that applies, confirm whether a CPE, LBP, or authorised plumber/drainlayer is required, and check with your council about district plan rules. For anything touching structure, loads, or an existing building's performance, have an engineer look at the scope before you start.

Not sure whether your project needs a consent, an engineer's input, or both? Get in touch with Fil Engineers and we'll help you scope it properly before you start.

Sources

• Building Performance (MBIE) - Work you can do without a building consent: everything you need to know
• Building Performance (MBIE) - Work you can do without a building consent
• Building Performance (MBIE) - Schedule 1 exempt building work guidance

This article is general information only and is not a substitute for site-specific engineering or legal advice. Always confirm exemption status with your council and, where structure or loads are involved, with a qualified engineer before starting work.