In most cases, your builder cannot legally start work that requires a building consent until that consent has been granted by your local council. Starting too early can have serious legal and financial consequences — but there are some important exceptions worth understanding.
The General Rule: Consent First, Then Work
Under the Building Act 2004, it is an offence to carry out building work that requires a consent before that consent has been issued. This applies to the property owner as well as the builder. If work begins without consent, your council can issue a stop work notice, require the work to be uncovered for inspection (at your cost), or in serious cases, require it to be demolished.
Your builder should never pressure you to start consented work early. If they do, that's a red flag worth taking seriously.
What About Schedule 1 Exemptions?
Not all building work requires a consent. Schedule 1 of the Building Act lists work that is exempt from the consent process. Common examples include:
- Single-storey detached buildings under 10 m² (with conditions)
- Certain repairs and maintenance using the same or similar materials
- Some interior alterations that don't affect structure or weathertightness
- Certain ground-mounted solar panel systems
If your project falls under a Schedule 1 exemption, your builder can legally start without a consent — because no consent is required in the first place. However, exempt work must still comply with the NZ Building Code, and some exemptions have specific conditions attached.
Always confirm with your local council whether your specific project qualifies as exempt before assuming no consent is needed. What looks straightforward can sometimes require consent depending on the details. You can also check guidance from MBIE Building Performance for up-to-date information on exemptions.
Can Any Work Start Before Full Consent Is Granted?
There is one formal mechanism that allows limited early work: a section 33 consent to commence work. Under the Building Act, a council can grant consent to begin specific parts of a project before the full building consent is issued. This is sometimes used on larger or complex projects to save time.
Key points about section 33:
- The council must specifically grant this partial consent in writing
- Work is limited strictly to what the partial consent covers
- The full building consent must still be obtained before other work proceeds
- This is not the same as simply starting work early — it requires a formal application
If your builder mentions starting foundations early, ask them to confirm in writing that a section 33 consent has been granted by the council.
The Risks of Starting Without Consent
Starting consented work without approval can create significant problems:
| Risk | What It Means for You |
|---|---|
| Stop work notice | Council can halt the project immediately |
| Unconsented work | May need to be exposed, altered, or demolished |
| Insurance issues | Your home insurance may not cover unconsented work |
| Resale problems | Unconsented work can complicate or block a future sale |
| Code of Compliance issues | You may not receive a CCC at the end of the project |
| Fines | Both owner and builder can face penalties under the Building Act |
What Homeowners Can Do Themselves (Without a Builder)
Some minor work is exempt and can be done by a homeowner without a licensed builder — for example, basic painting, garden landscaping, or replacing like-for-like fixtures. However, restricted building work (RBW) — which includes most structural, weathertightness, and fire-safety work — must be carried out or supervised by a Licensed Building Practitioner (LBP).
Electrical and plumbing work have their own rules. Most electrical work must be done by a registered electrician under the Electrical Workers Registration Board (EWRB), and plumbing and gasfitting by a licensed tradesperson registered with the Plumbers, Gasfitters and Drainlayers Board (PGDB).
When to Call a Professional
If you're unsure whether your project needs a consent, or whether your builder is following the correct process, it's worth:
- Contacting your local council — they can advise on consent requirements for your specific project
- Checking MBIE's guidance at building.govt.nz
- Hiring a Licensed Building Practitioner — an LBP understands the consent process and their legal obligations
- Getting everything in writing — including confirmation of any exemptions or partial consents
A reputable, qualified builder will always ensure the correct consents are in place before starting work. You can find experienced local builders on tradedirectory.co.nz.
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