Does Your Shed Need Consent?

Building a shed on your property can be a fantastic way to gain extra storage, create a workshop, or even add additional space for the family lifestyle. However, before you dig the first foundation hole or look at assembling that kitset, it’s important to understand the often-complex world of council consents. Failing to obtain the necessary permissions can lead to costly delays, potential fines, and even the requirement to remove your newly built structure.

This comprehensive guide will provide property owners with clear information about when building consents might be required for sheds here in NZ. We’ll cover the key regulations, discuss exemptions, and point you in the right direction for finding specific information relevant to your local council.

The NZ Building Act 2004 And The Building Code

The primary piece of legislation governing building work in New Zealand is the Building Act 2004. This Act sets out the rules for building work to ensure safety, health, amenity, and environmental sustainability. Underpinning the Act is the New Zealand Building Code, a set of performance-based regulations that specify how buildings must perform rather than dictating specific construction methods.

While the Building Code outlines the “what” of building performance, it’s the Building Act 2004 and the interpretations and enforcement by your district council that determine whether a building consent is required for your shed project.

When Is A Building Consent Required For A Shed?

Generally speaking, a building consent is required for building work that is considered “significant”. The Building Act outlines what it deems significant, and also specific exemptions for certain types of building work that are deemed low-risk. The confusion around sheds is that they often fall into a bit of a grey area, and whether or not you need a consent depends on several factors, but mostly the size and intended use of the shed.

Key Factors Determining Consent Requirements

There are three main factors that influence the need for consent when building a shed here in NZ. Its size, what you intend to use it for and its location. More on these below.

1. Size Of The Shed

The floor area is often the most important factor when determining whether or not you need consent. Currently, Schedule 1 of the Building Act 2004 provides clarification around exemptions for certain smaller sized sheds, a quick summary is provided below. Larger Sheds exceeding the 10 square metre threshold will generally require a building consent. This includes farm sheds, larger workshops, and sheds intended for more complex uses.

Very small, detached buildings like garden sheds are often exempt if they meet all of the following conditions:

  • Ground floor area is 10 square metres or less.
  • Not intended for habitation. This means no sleeping, living, or cooking facilities.
  • Do not contain sanitary facilities. No toilets or showers.
  • Not have a potable water supply. No connection to the main water supply for drinking.
  • Do not discharge sanitary drainage. No connection to the wastewater system.
  • Designed and constructed to comply with the Building Code (to the extent reasonable for the intended use). This is an important point to remember – even if exempt from consent, your shed must still be built safely and appropriately for its purpose.
  • Is located at least its own height away from any building or relevant boundary (to aid in the prevention of potential fire risks or impact on neighbouring properties).

2. Intended Use Of The Shed

The intended purpose of your shed significantly impacts consent requirements. Simple storage sheds are more likely to fall under exemptions if they meet the size restrictions and other conditions. Whereas sheds that include sleeping quarters, living areas, cooking facilities, or a toilet and shower, it will almost certainly require a building consent, regardless of size. These features instantly indicate the structure as more than just a simple shed. Sheds intended for commercial or business activities will have different consent requirements depending on the nature of the business, its location and any potential impacts on the surrounding properties.

Farm Sheds tend to fall into a bit of a grey area. While some smaller farm buildings might be exempt under specific clauses related to agricultural use (check with your local council), larger farm sheds for housing livestock, storing large machinery, or processing agricultural products will typically require consent. However, pole sheds and hay barns are more likely to fall under the exemptions if they meet the size and other necessary conditions. The main one being: “Single-storey pole sheds and hay barns that do not exceed 110 square metres in net floor area where the design is carried out or reviewed by a chartered professional engineer and/or the construction is carried out or supervised by a licensed building practitioner”.

3. Shed Location And Site Conditions

The location of your shed on your property can also influence consent requirements. Its proximity to boundaries, the slope and stability of the land you intend to build on (steep or unstable land may require engineering assessments and a building consent), and any existing easements or covenants may restrict what and where you can build, potentially requiring consent even for smaller structures.

Building in natural flood zones or other hazardous areas will incur stricter building controls, and consent requirements will likely apply too, as will sheds with added structural complexity. Complex designs or those requiring significant foundations or structural support may necessitate a building consent to ensure safety and stability.

How Much Does A Building Consent Cost?

The cost of a building consent for a shed here in NZ can vary anywhere from $1,000 to $5,000 plus. The final cost will depend on the size and complexity of the project and will be influenced by a number of factors and can differ between District Councils, however, it usually contains the following fees.

  • Deposit or fixed rate
  • Administration fees
  • Processing costs - based on an hourly rate
  • Physical inspection costs
  • BRANZ  and MBIE levies - fixed amount per $1,000 value of work
  • Development contribution fees (commercial/industrial projects)
  • Code of Compliance processing costs
  • Technical fees (varies)
  • Amendment fees

Navigating Your Local Council Regulations

While the Building Act 2004 provides the overarching framework, your local city or district council is the authority responsible for interpreting and enforcing these regulations within its jurisdiction. This means that while the general principles remain the same across New Zealand, there can be variations in how councils interpret the rules and apply local bylaws.

How To Find Information Specific To Your Council

Your relevant District Council are the people to contact for consent information, for example, the Selwyn District Council. If you visit the appropriate Council website, you will find a valuable source of information, links and contact details. Look for sections related to:

  • Building And Consents. Usually a dedicated section with information on when consents are required, the application process, forms, fees, and relevant regulations.
  • Building Act and Regulations. They may have specific pages outlining how the Building Act applies within their district and what that means for builders and property owners.
  • Exemptions. Look for clear explanations of the Schedule 1 exemptions and any specific conditions or interpretations applied by the council.
  • District Plan. A comprehensive document that outlines the rules for land use and development within the district, including setbacks, height restrictions, and other zoning regulations that might affect your shed.
  • Contact Information. Find the contact details for their building consent team.

Don’t hesitate to contact the District Council’s building consent team directly if you prefer this type of approach or if the timeframe is of concern. You can usually find their phone number or email address on the website. Explain your project in detail (size, intended use, location) and ask whether a building consent is required - remember it is always best to get clarification in writing if possible!

General Tips For Dealing With Councils

The consent process is not always as straight forward as we would like it to be, so it pays to be proactive in your communication and actions when dealing with your local council. Here are our top tips for navigating the consent process with your local council.

  • Be Upfront. Don’t wait until after you’ve built your shed to inquire about consents. Doing so can lead to significant problems.
  • Always Provide Accurate Info. When contacting the council and submitting consent applications, always be honest and provide all the necessary details about your project.
  • Understand The Process. Familiarising yourself with the building consent application process, including the required documentation and potential timelines will mean you are aware of what is involved and what to expect.
  • Factor In Costs. Building consents involve fees. Check the fee relevant schedule to understand the potential costs involved so there are no surprises.
  • Comply With The Building Code. Even if your shed is exempt from a building consent, it still needs to be built in a way that meets the relevant performance standards of the Building Code for its intended use - this is your responsibility as the property owner.
  • Keep Records! Retain copies of any correspondence with the council, consent documents, and inspection reports - you never know when you might need them!

Consequences Of Building Without The Necessary Consent

Building without the required building consent can have serious consequences in New Zealand. It is always advisable to follow the law to avoid costly penalties and disruptions. Councils have the authority to issue infringement notices and fines for unconsented building work. They can also issue a “Notice to Fix” requiring you to either obtain a retrospective consent (which can be more complex and costly) or to demolish and remove the unconsented structure.

You may also encounter difficulties when selling your property, as unconsented building work can create complications as and when potential buyers and their legal advisors identify these issues. Plus you might find yourself facing dreadful setback in the event of a disaster, as insurance coverage can be affected if you have unconsented structures on your property.

Being proactive, understanding the regulations, and communicating effectively with your council will ensure a smooth shed-building process, avoiding potential headaches and ensuring your new shed is a valuable and legally sound addition to your property. Don’t take chances – when in doubt, always check with your local council’s building consent team. Looking at building a new farm shed? Hay barn or woolshed in Canterbury? Get in touch with the farm shed experts at Greenwood Sheds in Rolleston.

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