Section 112 — Building Act 2004: Alterations to existing buildings

112 Alterations to existing buildings (1) A building consent authority must not grant a building consent for the alteration of an existing building, or part of an existing building, unless the building consent authority is satisfied that, after the alteration, the building will— (a) comply, as nearly as is reasonably practicable , with the provisions of the building code that relate to— (i) means of escape from fire; and (ii) access and facilities for persons with disabilities (if this is a requirement in terms of section 118 ); and (b) continue to comply with the other provisions of the building code to at least the same extent as before the alteration. (2) Despite subsection (1) , a territorial authority may, by written notice to the owner of a building, allow the alteration of an existing building, or part of an existing building, without the building complying with provisions of the building code specified by the territorial authority if the territorial authority is satisfied that,— (a) if the building were required to comply with the relevant provisions of the building code, the alteration would not take place; and (b) the alteration will result in improvements to attributes of the building that relate to— (i) means of escape from fire; or (ii) access and facilities for persons with disabilities; and (c) the improvements referred to in paragraph (b) outweigh any detriment that is likely to arise as a result of the building not complying with the relevant provisions of the building code. Compare: 1991 No 150 s 38 Subsection (1)(a) was amended, as from 14 April 2005, by section 12 Building Amendment Act 2005 (2005 No 31) by omitting the words “ and to the same extent as if it were a new building ” .