Building Operations Unit

Guidance for determining when building work to repair earthquake damaged residential buildings requires a building consent
This guidance document covers determining when a building consent is required for some of the more typical types of repair work that are likely to be undertaken on residential buildings after the Canterbury earthquakes. The types of repair to residential buildings covered are: Repair and replacement of: 1. Chimneys (or their removal) 2. Foundations 3. Roof structure 4. Wall structure 5. Roof or wall claddings 6. Outbuildings Some of this building work will require a building consent before the building work commences while other types of building work are exempt from requiring a building consent. The types of building work that are exempt are listed in Schedule 1 of the Building Act 2004 (http://legislation.govt.nz/act/ public/2004/0072/latest/link.aspx?id=DLM309339#DLM309339). Clause (k) of Schedule 1 allows the Christchurch City Council (CCC) to consider when a building consent is not necessary. The CCC has made a number of pre-determined exemptions which are detailed in a document titled, Exemption Information Sheet B-390 (http:// resources.ccc.govt.nz/files/B390ExemptionInformationSheet.pdf). The relevant parts of Schedule 1, Building Act 2004 for the types of repair to earthquake-damaged buildings discussed in this guidance document are; A building consent is not required for the following building work: (a) any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 2006, except (i) complete or substantial replacement of a specified system; or (ii) complete or substantial replacement of any component or assembly contributing to the buildings structural behaviour or fire-safety properties; or (iii) repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or (iv) repair or replacement of a water storage heater connected to a solid-fuel heater or other supplementary heat exchanger (other than (A) repair of an open-vented water storage heater using the same pipework; or (B) replacement of an open-vented water storage heater with a comparable heater using the same pipework): (ah) the replacement or alteration of linings or finishes of any internal wall, ceiling, or floor of a dwelling. (jg) the installation of thermal insulation in an existing building other than in (i) an external wall of the building; or (ii) an internal wall of the building that is a fire separation wall (also known as a firewall). (k) any other building work in respect of which the territorial authority (or, as the case requires, the regional authority) considers that a building consent is not necessary for the purposes of this Act because that building work (i) is unlikely to be carried out otherwise than in accordance with the building code; or (ii) if carried out otherwise than in accordance with the building code, is unlikely to endanger people or any building, whether on the same land or on other property. (l) the demolition of all or part of a damaged building that is detached (stand-alone) and is no more than 3 storeys high. (m) the repair or replacement of all or part of a damaged outbuilding, if (i) the repair or replacement is made within the same area that the outbuilding or the original outbuilding (as the case may require) occupied; and (ii) in the case of any replacement, the replacement is made with a comparable outbuilding or part of an outbuilding.

Page 1 of 3

Building Operations Unit

1. Removal, repair or replacement of damaged chimneys

A chimney removed to its base with adjacent framing, claddings and linings made good. This work is considered exempt under Schedule 1 (k) as predetermined by the CCC, see Exemption Information Sheet, Section A: The removal of chimneys and solid fuel heaters (e.g. log burners) in a dwelling if it does not reduce the structural stability of the dwelling. Brick or pre-cast pumice concrete chimney rebuilt in same position with comparable materials. This is considered exempt work under Schedule 1(a). Note, building work must comply with the Building Code. A new chimney built to a design from B1/AS3 would be deemed to comply with the building code. Where building work involves only partial re-build or repair, compliance with the building code maybe difficult to ascertain. When the upper part of the chimney is replaced it creates a relatively well-bonded section above the still intact but potentially compromised lower part of the chimney. During a possible future seismic event a larger load will be transferred to the lower part of the chimney potentially causing the chimney to break off in one large section. Brick or pre-cast pumice concrete chimney removed and replaced with timber-framed structure or other noncomparable material structure to replicate original chimney with no in-built solid fuel heater being installed. This will be considered on application for a Schedule 1 (k) exemption on a case-by-case basis. Brick or pre-cast pumice concrete chimney removed and replaced with timber-framed structure or other noncomparable material structure to replicate original chimney with an in-built solid fuel heater being installed. This building work will require a building consent. The work is not replacement with a comparable component or assembly in the same position and this case also involves replacement of any component or assembly contributing to the buildings . fire-safety properties

Where the building work to existing perimeter foundation wall, foundation piles or concrete floor slab involving just the repair of cracks and re-levelling within the indicator criteria for a foundation re-level in Table 2.3, Department of Building and Housing guidance document Revised guidance on repairing and rebuilding houses affected by the Canterbury earthquake sequence, this building work can be considered as exempt under Schedule 1 (a). This type of building work is considered exempt so long as there is no complete or substantial replacement of any component or assembly contributing to the buildings structural behaviour. Note, Appendix A1 of the above document gives further guidance on foundation repair. If the foundation damage is beyond the parameters listed in Table 2.3 for foundation re-level and/or the repair work requires substantial additions to the foundation (underpinning) then this will be considered on application for a Schedule 1 (k) exemption on a case by case basis.

3. Repair or replacement of damaged roof structure

Where damage from a falling chimney or roof tiles has caused localised damage than the repair work can be considered exempt work under Schedule 1 (k) as predetermined by the CCC, see Exemption Information Sheet Section C: Repair or replacement of up to 20% of structural roof members (purlins and rafters) in each roof plane of a building where they have been damaged as a result of the September 2010 earthquake or its subsequent aftershocks. This building work is to be carried out or supervised by a LBP. Where damage is more extensive and the decision is made to replace all or a substantial part of the roof structure, then a building consent is required. There are implications with possible different load paths through the building from the new roof structure.

4. Repair or replacement of damaged wall structure

Where earthquake damage to a wall structure is localised then the repair work can be considered exempt work under Schedule 1 (k) as predetermined by the CCC see Exemption Information Sheet Section C: Repair or replacement of up to 20% of structural wall members in each wall of a dwelling where they have been damaged as a result of the September 2010 earthquake or its subsequent aftershocks. This building work is to be carried out or supervised by a LBP. Note, Schedule 1 (ah) allows you to replace or alter all the linings and finishes of internal walls, ceilings or floors of a dwelling (residential house). This exemption does not require comparable materials to be used, unlike Schedule 1 (a). Where an unreinforced masonry load-bearing wall is damaged and this wall is removed and replaced with new wall structure, cladding and lining, this building work requires a building consent. This type of building work is not within the scope of Schedule 1(a) or Section C of the CCC

2. Repair or replacement of damaged foundations

For the repair or replacement of up to 20% of the foundation piles in a single storey residential building. This building work can be considered exempt work under Schedule 1 (k) as predetermined by the CCC, see Exemption Information Sheet, Section C: Repair or complete or substantial replacement, by Licensed Building Practitioners (LBPs) or under the supervision of LBPs (insofar as relevant licence classes apply), of up to 20% of piles in a single storey residential building with comparable piles. Where foundation replacement is more extensive and involves the replacement of more than 20% of the foundation piles or the replacement of part or all of a perimeter foundation wall, or a concrete floor slab then a building consent is required.

Page 2 of 3

Building Operations Unit

Exemption Information Sheet: Repair or replacement of up to 20% of structural wall members in each wall of a dwelling. Any emergency building work for this type of wall can be done under Section F of the CCC Exemption Information Sheet: Interim structural strengthening designed and supervised by a chartered professional engineer building work that is essential for reasons of safety or to prevent further serious damage to property, as an initial step prior to the application for a building consent. Any structural work to be incorporated as consented work must be left exposed to allow inspection. Note, the wall maybe required to have resistance to the spread of fire. On residential buildings if the exterior walls are less than 1.0m or the associated roof projections that are less than 650mm from a title, cross lease or notional boundary then the wall must have 30/30/30 two way fire resistance rating. Also in the event of a fire this type of wall needs to be able to be supported for the length of time of its fire resistance rating.

ii.

Fire resistance rated walls are outside the scope of this exemption iii. Building wrap or breather-type building paper is required to be in place behind the existing exterior cladding system iv. Timber framing to have a moisture content in accordance with NZS3602:2003 (below 18% m/c).

6. Repair or replacement of damaged outbuilding

Where the repair or replacement of an outbuilding is to the same size, in the same position and is the same type, e.g. garage for a garage then the work is considered exempt under Schedule 1 (m). Note there needs to be a consideration of planning rules. A resource consent might be required. As with all building work, the work must comply with the building code. One important example is consideration must be given to spread of fire when building close to boundaries. Where the replacement building is to be larger and/or in a different position or not comparable with the original outbuilding it is replacing than the building work will require a building consent. Note, the removal or demolition of a detached outbuilding is included as exempt work under Schedule 1 (l).

5. Repair or replacement of damaged roof or wall claddings

Where the repair or replacement of claddings is with a comparable material this is considered exempt work under Schedule 1(a) unless the cladding system has failed to satisfy the provisions of the building code for durability, e.g. the cladding is less than 15 years old and is not meeting the performance requirements of E2 - External Moisture. Building work that involves cladding replacements with non-comparable materials would require a building consent. Note, examples of replacing cladding systems that are not comparable include replacing masonry veneer with a lightweight wall cladding or weatherboards with a type of monolithic wall cladding. Cladding replacements with noncomparable materials or components where a situation is considered low risk, i.e. an E2/AS1 type wall cladding system on a building with a risk-matrix score 6 or under may be considered on application for a Schedule 1 (k) exemption on a case-by-case basis. One type of non-comparable cladding replacement that has been determined as exempt is the replacing of heavy roof cladding with metal roof cladding. This is considered exempt under Schedule 1 (k) as predetermined by the CCC, see Exemption Information Sheet, Section A: Replacing heavy roof cladding (e.g. concrete tiles) and battens with either metal roof tiles and battens or long run metal roofing and purlins. Note, Schedule 1 (jg) does not exempt the installation of insulation to an external wall from requiring a building consent but under Schedule 1 (k), the CCC is updating the Exemption Information Sheet to add installation of thermal insulation in external wall framing cavities as exempt work, see Section A: The installation of segment type thermal insulation in external wall cavities with the following limitations: i.
B-391, 11 May 2012

Foam injected or loose fill insulation are outside the scope of this exemption

Page 3 of 3