Are you planning a sleepout, garden shed, or small cabin? You may not need a building consent - but only if every condition of the exemption is met.
The Ministry of Business, Innovation and Employment (MBIE) has recently updated the rules for detached standalone buildings under Schedule 1 of the Building Act 2004. These changes aim to simplify small-scale building projects but compliance with all exemption requirements is essential.
You may be exempt from needing a building consent if your project meets all the following conditions:
Buildings up to 10m²
These can now be built right up to the boundary, provided they do not introduce fire risk and meet all other exemption criteria as follows:
- must be single storey, no more than 3.5m high above floor level and not elevated more than 1m above ground
- no toilets, sinks, showers or potable water supply
- no cooking facilities
- sleepouts are allowed only if used in connection with a dwelling with access to kitchen and bathroom facilities
- smoke alarms must be interconnected with the dwelling’s alarms if used for sleeping
Buildings between 10m² and 30m²
Must be built at least 1m from any legal boundary or residential building to qualify for the exemption. You can build up to 30m² without consent if:
- the building is constructed using lightweight materials
- it is a kitset/prefabricated structure signed off by a Chartered Professional Engineer
- it is designed and built under the supervision or carried out by a Licensed Building Practitioner (LBP)
- The building must also meet all the same requirements as those for buildings up to 10m².
Even if your building is exempt from consent, it must still comply with the New Zealand Building Code. The key requirements you must follow cover durability of materials, fire safety, smoke alarms and no plumbing.
If your building does not meet all exemption conditions, it is considered unauthorised building work. This can result in enforcement action, infringement notices and fines or the need to legalise the work through a Certificate of Acceptance. This can be costly and time-consuming.
Before you build, check the Marlborough Environment Plan for rules around setbacks, daylight recession planes, site coverage, and stormwater disposal. If in doubt, contact Council’s duty building service
Go to the duty builder service page on our website
Go to the MBIE guidance page
