For more information regarding the Building Act and code of compliance requirements when changing the use of a building, visit New Zealand Legislation.

An owner of a building must not change the use of the building,—

  • (a) in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and
  • (b) in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,—
    • (i) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:
      • (A) means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:
      • (B) access and facilities for people with disabilities (if this is a requirement under section 118); and
    • (ii) will,—
      • (A) if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or
      • (B) if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

Section 115 of the Building Act covers change of use. The best thing to do if you see this section on a request for more information or someone from Council has asked you to investigate this is to give us a call and we can walk you through your property and go over the points required for you to go through with your development project.

Chester’s will undertake a site inspection to assess the following:

  • Existing Building Construction
  • Means of Egress
  • Existing fire safety precautions.

Once the site inspection has been undertaken Chester’s develops a Fire Engineering Design Report for the purpose of Building Consent Application which assesses the following:

  • Building Use
  • Occupancy Load Assessment
  • Fire Safety Precautions
  • Internal Fire Spread
  • External Fire Spread – Where applicable
  • Fire Service Access

Within the fire engineering design report, Chester’s provide recommendations/improvements required for compliance.