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

A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—

  • (a) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following matters

    • (i) means of escape from fire

      (ii) access and facilities for persons with disabilities (if this is a requirement under section 118):

      (iii) protection of other property; and

  • (b) will,—
    • (i) if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or

      (ii) if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.

Section 116 of the Building Act covers subdivision. 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.