Commercial Building Consents

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Change of Use

Buildings can be used in a number of different ways and a building’s use determines the safety features required under the New Zealand Building Code (NZBC).

Different provisions exist, for example, for buildings that people live in compared to buildings that are used for storage only - such as garages. Also, buildings that admit the general public require features that private homes do not always need.

Under the Building Act 2004, safety features and facilities within existing buildings may need upgrading if you are planning on changing the use of a building.

When making alterations section 112 of the Building Act apply. When there is a change in the use of the building, e.g. change of use from a private dwelling to a café/bar, section 114 applies.

Alterations to existing buildings (Section 112)

Most alterations to existing buildings (except housing) will require a building consent.

Under section 112 we can only grant and issue a building consent if the building, after the alteration, will comply with the provisions of the New Zealand Building Code for:

Means of escape from fire; and
Access and facilities for people with disabilities.

Section 112 of the Building Act 2004

Uses and change of use (Section 114)

Under this section the building owner is required to notify the Council in writing if they propose to change the use of the building. As part of this, we will consider if facilities within the building need to be updated to meet the standards of the Building Act 2004.

Examples of change of use include:

Conversion of building into one or more household units.
Private dwelling converted to a restaurant or office.
Dairy factory converted to a shop and café.
Industrial building converted to a church.
Operating a business from home.
Garage converted to a sleepout.
Extending the stated intended life of a building.

When changing the use of a building the issues are:

Access and facilities for the disabled.
Escape from fire.
Sanitary facilities.
Structural behaviour.
Fire ratings.

If upgrade works are required then you will need to apply for a building consent.

Section 114 of the Building Act 2004

Seismic strengthening

The compliance with requirements in Section 114 may also mean that substantial structural upgrades may be needed if the building is an earthquake-prone building. Consultation with a structural engineer is recommended at an early stage.

Earthquake-prone Dangerous Insanitary Buildings Policy

Access and facilities for people with disabilities

Most buildings (except housing) are required to provide access and facilities for people with disabilities. This includes wheelchair access ramps or lifts, parking and toilet facilities.

The Council does not have the power to waive or modify this requirement.

Types of buildings to provide accessible facilities

What if I don’t agree with the upgrade requirements?

An application can be made to the Department of Building and Housing for final determination. Contact them on 0800 242 243.