Schedule 1 of the Building Act 2004 shows the type of building work that can be carried out without a building consent, also known as exempted building work.
Exempted Building Work
Exempted building work is low-risk construction that does not require a building consent because it is considered to have minimal impact on a building’s structural integrity or safety. This includes general repairs, maintenance, and replacements using comparable materials. It also covers minor projects such as small sheds, unroofed pergolas, and decks close to ground level.
Owner’s Responsibility for Consents and Exemptions
Section 14B of the Building Act makes the property owner responsible for obtaining all required consents, approvals, and certificates. This means the owner must decide whether an exemption under Schedule 1 applies to their building work.
Because owners often speak with a Licensed Building Practitioner (LBP) first, LBPs must provide clear and accurate advice to help people make informed decisions.
All Exempted Work Must Comply with the Building Code
Even if work is exempt from requiring a consent, it must still comply with the Building Code. To qualify as exempt, the work must meet all criteria listed in the relevant Schedule 1 exemption.
For example, you can repair, maintain, or replace a building product or assembly under Schedule 1 if you use a similar product in the same position.
When the Exemption Does Not Apply
The exemption does not apply when:
- the work involves a specified system (anything listed on the building’s compliance schedule)
- the product or assembly affects the building’s structural or fire safety performance
- the repair or replacement is required because the product failed to meet Building Code durability requirements (e.g., external moisture performance)
- the work involves sanitary plumbing or drainlaying as defined in the Plumbers, Gasfitters, and Drainlayer Act 2006
Therefore, replacing a roof with a similar product in the same position is generally exempt. However, if the roof was installed less than 15 years ago and has failed to meet Building Code requirements, a building consent will be required.
Further Guidance
The Ministry of Business, Innovation & Employment (MBIE) has published Determinations on Schedule 1 exemptions, and the Building Practitioners Board has reviewed complaints relating to exempted work. These resources are useful when researching what qualifies as exempt building work.
Recent Changes to Schedule 1
Schedule 1 now includes two new exemptions.
One exemption applies to roof‑mounted solar panel arrays. The other updates the setback rules for detached buildings such as garden sheds, greenhouses, cabins, and sleepouts.
The setback requirements have changed from “the measure of its own height” away from boundaries or other buildings, to:
- Up to 10m²: No setback required — buildings can be built right up to the boundary.
- Between 10m² and 30m²: Must be at least 1 metre from any residential building or boundary.
Qualifying for an Exemption
To qualify for an exemption, you must meet extra requirements. These can include:
- the building’s overall height
- that it is only one storey
- whether there is an existing residential building on the property
- the materials used
- no sanitary facilities or potable water connection
- no cooking facilities
- whether it is prefabricated or built on site
- who can design and build it
Check with your local council before starting work. Make sure your project does not breach planning rules, such as:
- maximum site coverage
- yard or setback requirements
- building recession planes
- permitted activities
You may need a resource consent. If you do, get it before you start any work.
Water from the roofs of these buildings must be disposed of on-site or into an appropriate network utility system, if one exists. Do not direct stormwater or surface water onto a neighbour’s property.
Sleepouts
If the building will be used as a sleepout:
- there must be an existing residential building on the property
- smoke alarms must be fitted
- if the property uses an on-site wastewater system such as a septic tank, check that it has the capacity to handle additional occupants
Check for underground services before choosing a building location — you cannot build over these services.
Summary
Some building work may not need a consent. But you must consider all conditions of the Schedule 1 exemption before doing the work or giving advice to a client or potential client.
The LBP Code of Ethics covers this under the principle of ‘Taking responsibility for your actions’ by informing and educating your client and acting in your client’s interests.
Codewords Quiz
1. What does Schedule 1 of the Building Act cover?
- a) Whether a resource consent is necessary for certain building work
- b) Whether you are allowed to build a residential dwelling on your property
- c) Building work that does not require a building consent
2. When using an exemption under Schedule 1, how many of the conditions attached to that exemption must be met?
- a) None – the owner just wants to get the job done
- b) All of them – they are all important and relevant to that building work
- c) Just half of them – 50% is a pass mark
3. Can I replace a 13-year-old leaking roof under a Schedule 1 exemption?
- a) Yes, because it is leaking
- b) Yes, because I am an LBP with a roofing licence
- c) No, because the roof being replaced has failed to comply with the Building Code
This article is relevant to ALL classes.
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Answers
1: c. Building work that does not require a building consent
2: b. All of them – they are all important and relevant to that building work
3: c. No, because the roof being replaced has failed to comply with the Building Code