Subdivision of an existing building

(Section 116A Building Act 2004)

Notice must be given if the owner of a building proposes to subdivide land in a manner that affects a building. If the owner fails to give written notice in these circumstances they commit an offence and are liable to a maximum fine of $5000.

A Territorial Authority must not issue a certificate under section 224(f) of the Resource Consent Management Act 1991 for the purposes of giving effect to a subdivision affecting a building or part of a building unless it is satisfied on reasonable grounds, that the building will comply, as near as is reasonably practicable, with every provision of the building code that relates to one or more of the following:

• Means of escape from fire
• Access and facilities for people with disabilities (if this is a requirement for the building)
• Protection of other property.

The building must also continue to comply with the other provisions of the building code at least to the same extent as before the subdivision application was made. This will often require a building consent application to undertake any necessary work to upgrade a building.