Apply for discretionary exemption

Councils can use discretion to give an exemption to proposed building work if it’s unlikely to be dangerous to people or buildings on the same land or other property, and the work is likely to comply with the Building Code, or will continue to meet the Building Code to at least the same level it did before work began.

Make an appointment to talk to a building officer and a planner to discuss before starting, as you’ll need to apply, and provide the same level of supporting information, as you would for a building consent.

Applications for discretionary exemption are considered on a case-by-case basis, and there is no statutory timeframe for this decision-making process.

Council charges a fee for these assessments.

You should bear in mind that even if you’re granted an exemption, you may still need to apply for a resource consent to go ahead with this work.

You can find more information at Territorial and regional authority discretionary exemptions.

Applying

Complete this form for an exemption of this type.

• Application for Discretionary Exemption – Form 256c (printable) [PDF 299 KB] 
• Application for Discretionary Exemption – Form 256c [DOC 325 KB] 

A discretionary exemption allows you to carry out low-risk building work at minimal cost. When you apply, you undertake:

• to carry out the work in a way that addresses the purposes of the Building Act 2004
• that the work complies with the requirements of the New Zealand Building Code and any other relevant legislation.

See Building Performance's Exempt Building Work guidance for more information.