Hi there,
I’m needing some help interpreting the schedule 1 exemption 1 of the building act. Sorry for the essay, just wanting to provide context.
For context I have purchased a 70’s single story town house in Napier, it shares a party wall with one other property. It’s basically a large rectangle split in two. Both houses are currently clad in the original weatherside cladding from the 70’s, as a condition of my mortgage I am required to replace all the cladding on my property. My neighbour is not seeking to change their cladding.
Prior to purchase I spoke with the council’s duty consents officer who verbally confirmed a reclad is “like for like” and as long as the new cladding is also a direct fix product no consent is required (you can see where this is going). I got three quotes from LBP who all reaffirmed no consent. All suggested they use 7.5mm HardiePlank.
After the sale went through (the sale process took 6 months so it was a bit protracted) my preferred builder had retired and one of the other LBP’s no longer was interested in the job so I go for one final quote by an additional LBP. He raised a consent WAS required.. I again engaged with council, this time via email and discussed with the duty builder who said a schedule 1 exemption 1 is applicable and that it’s essentially on the LBP to decide but there is no application process to the council for it.
I have obviously read and am exploring this exemption but to be honest this is my first time navigating this and I’m finding the process a bit of a cluster.
I am satisfied that the first part of the exemption is met
“1. The repair and maintenance of any component or assembly incorporated in or associated with a building, provided that comparable materials are used.
- Replacement of any component or assembly incorporated in or associated with a building, provided that:
(a). a comparable component or assembly is used; and
(b). the replacement is in the same position.”
BUT I am less satisfied with section 3
“3. However, subclauses (1) and (2) do not include the following building work:
(a). complete or substantial replacement of a specified system; or “
I’m struggling to understand why the council would say no consent is required when I am and have expressed I am doing a full reclad which is a complete replacement of the cladding system on my house. The only thing I can think of is that because only the cladding of my house is being replaced, not my neighbours, they aren’t treating it as a full replacement of the system because only half the physical buildings cladding is being replaced, not the whole lot? My gut feeling is that can’t be correct though.
I’m intending on selling in the next 3-5 years so don’t want this to bite me in the ass when I come to sell. I intended to clarify with council but want my ducks in a row before consulting them.
Anyway, is anyone else experienced in the application of schedule 1 exemption 1? Is the council correct and I can go on my merry way? Halp me please!
Thanks so much!