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Building exemption for unoccupied detached building

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  • Building exemption for unoccupied detached building

    Hi, MBIE has booklets out which are guidelines for building exemptions. Exemption for allows for building work in connection with any detached building that: houses fixed plant or machinery, or where people do not normally enter or used by people in connection with another building for which a consent is require d(eg site office) and which are low risk to the public. Proprietary buildings are prefered for example.

    So could anyone give me some ideas as to why a territorial authority would flat out decline the likes of a Greenwwood designed 4 bay clearspan shed which houses plant, is detached & unoccupied, has an engineers PS1 for the building design, will be the site office when the house is built and meets the rule for distance from the boundary. 9mtrs x 16mtrs

    Their thinking is the rule is for commercial or industrial type buildings only (cant see where it says that), and not of that size (cant see where it says that). Do any of you have info to confirm this or are the council just trying to "pull the wool" in order to get the full BC fee. Were could I find preceedents or definitions please?

  • #2
    Ok, so which council? What zoning?

    But in general councils like to control everything and charge lots of money. So that is what they are doing.
    Squadly dinky do!


    • #3
      councils dont make the law they are subservient to it as we all are!

      Council do not have the power of decision under schedule 1 this is the owners prerogative only (exemption 2 is the exception that proves the rule)
      Dont rely on MBIE guidelines as they only go so far. You are entitled to rely on a simple reading of the law and that is schedule 1 in this case, In this case exemption 4 seems to apply.

      if you have time and want to be sure then apply for a determination from MBIE under s178 of the Building Act.

      Strictly speaking schedule 1 is not something that can be a matter for determination (refer s177) apart from exemption 2 which is council prerogative. (This illustrates the lack of power that council have in respect to schedule 1 they dont make the decision- the owner does? (exemption 2 is the exception that proves the rule) but the matter would be councils insistence that a consent is required or a NTF if they issue one).

      If you dont have time then go ahead (even inform council if you like) in reliance of schedule 1 and if council act with say a NTF then apply for determination. This has affect of suspending councils power and you continue/complete the work while a determination is undertaken. The mbie fee for det is 287.50 (and generally no costs exposure) and you dont need a lawyer but an expert/adviser is advantageous. If you can relax then just sit back and enjoy the ride?

      The other consideration is to appreciate that under the building act council cannot make you remove unapproved work unless it is dangerous or insanitary etc, once you realise this then you appreciate the lack of power that council has under the building act

      are you within planning rules because otherwise they will come after you under the RMA as well?

      what area/region are you in?