Section 45 — Building Act 2004: How to apply for building consent

45 How to apply for building consent (1) An application for a building consent must— (a) be in the prescribed form; and (b) be accompanied by plans and specifications that are— (i) required by regulations made under section 402 ; or (ii) if the regulations do not so require, required by a building consent authority; and (c) contain or be accompanied by any other information that the building consent authority reasonably requires; and (d) be accompanied by the charge fixed by the building consent authority; and (e) in the case of an application for a building consent that relates to restricted building work, state the name of each licensed building practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the restricted building work that is the subject of the application; and (f) if the owner applies for a project information memorandum for the building work under section 32 and the project information memorandum is then issued, be accompanied by— (i) the project information memorandum; and (ii) a development contribution notice under section 36 (if any); and (iii) a certificate issued under section 37 (if any); and (g) be accompanied by either one of the following: (i) if a compliance schedule is required as a result of the building work, a list of all specified systems for the building; or (ii) if an amendment to an existing compliance schedule is required as a result of the building work, a list of all specified systems that are being— (A) altered in the course of the building work: (B) added to the building in the course of the building work: (C) removed from the building in the course of the building work. (2) If an application for a building consent relates to design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, any plans and specifications referred to in subsection (1) that accompany the application must— (a) be prepared by, or under the supervision of, 1 or more licensed building practitioners; and (b) be the subject of a memorandum— (i) prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and (ii) that identifies that work; and (iii) that is provided with the plans and specifications. (3) [Repealed] (4) The memorandum under subsection (2)(b) must state, if the restricted building work was to be properly completed in accordance with the plans and specifications that accompanied the application,— (a) that the restricted building work will comply with the building code; or (b) whether waivers or modifications are required to the building code and, if so, what those waivers or modifications are. (5) An application for an amendment to a building consent must be made as if it were an application for a building consent, and this section applies with any necessary modifications. Compare: 1991 No 150 s 33(2), (4) Section 45(2): substituted, on 15 March 2008, by section 11(1) of the Building Amendment Act 2008 (2008 No 4). Section 45(3): repealed, on 15 March 2008, by section 11(2) of the Building Amendment Act 2008 (2008 No 4). Section 45(4): amended, on 15 March 2008, by section 11(3) of the Building Amendment Act 2008 (2008 No 4).