What counts as landscaping work that may need approval?
In New Zealand, “landscaping” can mean anything from laying turf and planting hedges through to retaining walls, timber decks, paving, drainage, steps, fences, site retaining and excavation. That mix is important because not all of it is treated the same way by council.
Some landscaping jobs are purely cosmetic and won’t need formal approval. Others can fall under the Building Act 2004, the Resource Management Act 1991, or your local district/city plan. In practice, the question is not “is it landscaping?” but “does this work affect safety, structure, drainage, height, boundaries, or the environment?”
A good landscaper should be able to tell you when a job is likely to need checking with council, but it’s still the homeowner’s responsibility to make sure the right approvals are in place before work starts.
When landscaping work may need a building consent
A building consent is usually required when the work is considered building work and does not meet an exemption. For landscaping, the most common consent-triggering items are:
- retaining walls that are high, load-bearing, or supporting other structures
- decks, platforms, and raised terraces above the exempt thresholds
- stairs, ramps, balustrades, and handrails attached to or serving a building or elevated structure
- fences or walls that are structurally significant in certain situations
- site works that affect foundations, stability, or stormwater management
- pergolas, shelters, or outdoor structures if they are substantial enough to count as building work
- any work that forms part of a dwelling’s structure or affects a building’s weather-tightness
Retaining walls
Retaining walls are one of the biggest consent traps in landscaping. Many are exempt, but not all.
A retaining wall may need a building consent if, for example, it:
- is over the exempt height threshold for the specific situation
- supports a building, driveway, or other structure
- is carrying surcharge from slopes, vehicles, or heavy loads
- is close to a boundary where failure could affect neighbouring property
- is part of a larger earthworks or subdivision project
Even if a wall is not high, it may still need engineering input if the ground is unstable, the site is steep, or the wall is holding back a lot of fill. In Wellington, Auckland’s volcanic slopes, and many hill suburbs around the country, councils often take a close look at retaining design because of slip risk and stormwater issues.
Decks and raised platforms
Decks that are low to the ground are often exempt, but a raised deck can become consented building work if it exceeds the permitted height or includes features such as balustrades, stairs, or complex foundations.
If your landscaper is proposing a deck that sits high above ground, check:
- total height from ground level
- whether the deck will be attached to the house
- whether handrails or balustrades are required
- whether the footing design is standard or engineered
Pergolas, shelters, and outdoor structures
A small, lightweight pergola or garden structure may be exempt. A more substantial covered outdoor area, outdoor room, sleepout-style structure, or structure with plumbing or electrical services can quickly move into consent territory.
If the structure is intended for regular occupancy, or it materially changes how a site drains or is used, don’t assume it is exempt.
Council permits beyond building consent
Not every approval is a building consent. Landscaping work can also trigger council permits or other sign-offs.
| Approval type | What it covers | Common landscaping examples |
|---|---|---|
| Building consent | Building work that is not exempt | High retaining walls, raised decks, some outdoor structures |
| Resource consent | Effects on land use, earthworks, noise, setbacks, site coverage, flooding, heritage | Large earthworks, work near waterways, steep sites, work breaching district plan rules |
| Earthworks or demolition permits/approvals | Council-specific requirements for site disturbance | Cutting and filling, major excavation, work in erosion-prone areas |
| Vehicle crossing / driveway approval | New or altered access to the road | New driveway, widening a crossing, changing kerb access |
| Waterway / stormwater approval | Discharge or diversion of water | Swales, soak pits, stormwater redirection, work near streams |
| Road corridor permit | Work affecting a footpath, berm, or road reserve | Street trees, trenching, frontage landscaping, crane or skip bin placement |
Rules vary a lot by council. What is acceptable in one district may need a consent or permit in another, so check with the local council early if your project affects boundaries, slopes, stormwater, public land, or access.
Common exempt landscaping work
A lot of routine landscaping does not need a building consent. Typical exempt work includes:
- planting, mulching, lawn installation, and garden edging
- minor paving or paths that do not form part of a building or structural support
- low timber edging or garden borders
- small freestanding garden features with no structural risk
- simple fencing, subject to local district plan rules and boundary considerations
- low-level decks or platforms that meet exemption criteria
- minor repairs and replacement of like-for-like landscaping elements
That said, “exempt from building consent” does not mean “anything goes”. You still need to consider:
- setbacks from boundaries
- easements and covenants
- drainage to your neighbour’s property
- underground services and utility corridors
- local height or site coverage rules
- council rules for trees, heritage areas, and flood-prone land
When landscaping work may need other specialist licences
Landscapers often work alongside other trades, but some parts of a project are restricted work.
- Electrical work must be done by, or under the supervision of, a registered electrician and comply with EWRB rules.
- Plumbing, gasfitting, and drainlaying are restricted trades regulated by the PGDB. If your landscaping includes outdoor taps, gas barbeques, drainage connections, or stormwater tie-ins, get the right licensed person involved.
- Structural design for retaining walls or engineered decks may require a Chartered Professional Engineer.
A good landscaper will coordinate these trades, but they should not be doing restricted work unless properly authorised and competent to do so.
How the consent process usually works
If a project looks like it needs consent, the process is usually straightforward if you plan ahead.
-
Define the scope clearly
Get drawings, measurements, levels, and material details. The more precise the plans, the easier the assessment. -
Check exemptions first
Confirm whether the work is exempt under the Building Act or whether a council permit is needed instead. -
Talk to the council early
Most councils offer pre-application advice. This can save weeks of delay on a steep or complicated site. -
Get design inputs
For retaining walls, complex decks, drainage, or earthworks, you may need an engineer or surveyor. -
Submit the application
The application may include plans, specifications, producer statements, engineering calculations, and drainage details. -
Wait for approval before starting
Do not assume verbal advice is enough. Start only when you have written approval or confirmation that the work is exempt. -
Book inspections
Councils often inspect foundations, reinforcing, drainage, and final completion stages. Keep records and sign-offs. -
Obtain code compliance documents if required
For consented work, keep the paperwork safe for future sale, insurance, or refinance.
What to ask a landscaper before hiring them
Before you sign anything, ask potential landscapers:
- Have you done similar projects in my council area?
- Do you think any part of this work needs consent or another permit?
- Will you handle the council application, or do I need to?
- Do you work with an engineer or surveyor if needed?
- Can you provide a written quote with exclusions clearly listed?
- Are you covered by public liability insurance?
- Can you provide references or photos of similar completed jobs?
Always get at least two or three written quotes. Make sure each quote is comparing the same scope, because one quote may include consent coordination, engineering, excavation, and disposal while another excludes them.
Risks of skipping consent or council approval
Skipping consent can be expensive and messy. The most common consequences are:
- council can require the work to stop
- you may be ordered to apply for a retrospective consent or remove the work
- fines can apply in some situations
- insurance claims can be harder to support if an unconsented structure fails
- your property sale can be delayed if paperwork is missing
- future buyers may push for a discount or request rectification
- neighbouring property damage can become your liability
The biggest risk is safety. Retaining wall failures, poor drainage, and unstable ground can cause real damage, especially after heavy rain. New Zealand’s weather can be unforgiving: a job that looks fine in summer may fail during winter saturation or a major storm.
Practical tips for NZ homeowners
- Check your council’s website before the first shovel goes in.
- If the site is sloping, coastal, clay-heavy, or flood-prone, assume more scrutiny.
- Keep copies of drawings, approvals, and invoices.
- Don’t let a landscaper start work on a “she’ll be right” basis.
- Confirm who is responsible for any engineering, permitting, or inspections.
- If a boundary is involved, talk to your neighbour early and get everything in writing where possible.
- Be especially careful with mature trees, drainage outlets, and anything near the road reserve.
A well-planned landscaping project should improve the value and usability of your property without creating compliance problems. Taking the time to check consents and permits upfront is usually far cheaper than fixing the issue later.
Licensed Building Practitioner (LBP)
