Schedule 1: building work you can do without a consent

Schedule 1 of the Building Act 2004 lists building work that’s exempt from needing a building consent. For a builder that means you can crack on without the paperwork – but “exempt” means no consent, not no rules. The work still has to comply with the Building Code.

What “exempt” actually means

Schedule 1 has 40+ categories of exempt work. Getting an exemption right saves you the consent process, but the finished job must still meet Building Code performance. The most common exemptions for residential builders are set out below.

Common repair, alteration & opening exemptions

• Item 1 – General repair, replacement, maintenance: like-for-like repair using comparable materials. NOT covered: replacing an entire roof, structural elements, or an exterior cladding-system change.
• Item 2 – Internal alterations to an existing non-residential building: walls, doors and fittings – provided structure and means of escape stay unchanged.
• Item 3 – Territorial authority work, etc: council bus shelters, road signage.
• Item 9 – Repair an existing window: same size and position, like-for-like.
• Item 10 – Window in a non-loadbearing exterior wall: a new window in the same wall, replacing an existing one or in a non-loadbearing wall.
• Item 12 – Roof penetration for solar hot water / PV / flue: penetration repair and flashing, like-for-like membrane.
• Item 15 – Repair existing weatherproofing: like-for-like weatherboard, brick or metal.
• Item 16 – Repair existing slab: small patches, joints, and replacement of a damaged section.

Sheds, garages, carports & outdoor structures

Several exemptions turn on floor area, height, being single-storey, and distance from a boundary. Watch the 28 October 2025 changes – a few of these are new or expanded.

• Item 4 – Single-storey detached buildings ≤10m²: garden shed, playhouse, dog kennel. Not for human habitation, floor area ≤10m², and no closer to a boundary than its own height.
• Item 4A – Single-storey detached buildings 10–30m²: larger sheds and carports (~10–30m²), LBP-built (Carpentry licence) OR designed by an LBP. Limited use. NEW from 28 Oct 2025.
• Item 5 – Veranda or porch ≤20m²: attached to an existing building, single-storey, open on at least 2 sides.
• Item 6 – Carports ≤40m²: single-storey, open on at least 2 sides.
• Item 7 – Detached garage ≤30m²: single-storey, more than its own height from any boundary, ≤30m². NEW expanded version from 28 Oct 2025.
• Item 8 – Awnings: cantilever awnings up to 7m, fixed to a building over a public footpath etc.
• Item 30 – Pergola: open-roofed, free-standing or attached, structural.

Decks, fences, retaining walls, re-roof & re-clad

These are the ones builders trip over most – the height and “original profile” limits decide whether you’re exempt or need a consent.

• Item 19 – Fences ≤2.5m high: this does NOT cover swimming pool fences (always consent) or retaining walls.
• Item 20 – Retaining wall ≤1.5m (no surcharge): up to 1.5m of retained ground, with no driveway or building above. Drainage required.
• Item 22 – Decks and platforms ≤1.5m above adjacent ground: deck floor effectively at ground level. If it’s more than 1.5m up, you need a consent plus a balustrade per F4/AS1.
• Item 23 – Re-roof in the original profile: like-for-like (long-run to long-run, tile to tile) – NOT a metal-to-tile change or vice versa.
• Item 24 – Re-clad in the original cladding system: same cladding family. Cavity status must stay the same (cavity remains cavity).