Prepare and apply for a building consent application

Large dams and building consents
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Do I need a building consent?

An owner intending to carry out building work must, before the work begins, apply for a building consent as required by the Building Act 2004 (section 44). If you have a dam that meets the definition of a large dam within the Building Act 2004, then you will require a building consent to undertake the works. Construction cannot start until approval of a building consent has been obtained.

More information on what you need to know for about dams and consents

Pre-application meetings

In some cases, pre-application meetings are the best way in which to start your building consent application process, especially where designs are complex, to be carried out over multiple stages or are outside the normal. You can bring your design team and discuss your intended plans for the works in which you wish to undertake. We recommend that these meeting take place while design is still in the concept phase but there is sufficient detail to enable our team to give you reasonable feedback.

These meetings are not to process the application or to provide detailed feedback on compliance of the design. They are simply to ensure that communication of what is required to enable the team to undertake the consent review is provided and a chance for you to bring questions on what you can provide to show compliance.

To book a pre-application meeting please contact us.

What is a Project Information Memorandum?

A project information memorandum (PIM) is a memorandum issued by a regional or territorial authority under section 34 of the Building Act and sets out information relevant to your building work.  

It is not required to have a PIM to apply for a building consent, however if your dam is outside the Waikato Region, it is a requirement under section 31 of the Building Act that a Building Consent Authority apply for PIMs outside their region. If your application comes without a PIM from the local regional authority, we will apply on your behalf, and the cost will become part of the Building Consent fees.

A PIM must be issued within 20 working days of the application being received. Sometimes, if necessary, further information may be requested to enable council to complete processing your PIM. This will stop the clock and on receiving the information the clock will begin again.  

A PIM is required to include all information known to council which is likely to be relevant to the project or site. Content within a PIM could include:

  • Information identifying special features of the land concerned
  • Information that, in terms of any other Act, have been notified to council by a statutory authority
  • Details of existing stormwater or wastewater utilities on, or adjacent to, the site
  • Details of authorisations required by either council or networks utility operator under any other Act
  • Requirements under the Resource Management Act
  • Requirements if construction is proposed across 2 or more allotments
  • Heritage status and if Heritage New Zealand/Pouhere Taonga will be or have been notified
  • If the works are likely to require review by Fire and Emergency New Zealand (FENZ)
  • A section 36 notice advising a development contribution is required
  • A section 37 notice advising works cannot proceed until a resource consent has been obtained.

NOTE: A PIM does not give any form of approval under the RMA or Building Act for works to be carried out. You will need to apply for the relevant consents, where necessary, before works begins on site.

Why has council advised Heritage New Zealand Pouhere Taonga of my proposal?

When proposed works within either a PIM or Building Consent application affect a historic place, historic area, wahi tapu, or wahi tapu area council must notify Heritage New Zealand Pouhere Taonga within 5 days of receiving the application.

Heritage New Zealand Pouhere Taonga

What if my PIM shows that the land is subject to natural hazards? (Section 71, Building Act 2004)

A natural hazard under the Building Act includes:

  • Erosion
  • Falling debris
  • Subsidence
  • Inundation
  • Slippage

The above hazards are the specific provisions within the Building Act 2004, set within section 71. There may be other hazards recognised under the Resource Management Act, or existing in general, that do not have specific Building Act provisions.

Building within a natural hazard area may result in the building consent being refused or granted with or without section 73 condition, depending on if a waiver or modification is required to enable compliance. 

Natural Hazard Provisions - Guidance on complying with Sections 71 to 74 | Building Performance Natural hazard decision making process - step-by-step guide | Building Performance

What if my PIM shows that the building is on 2 or more allotments? (Section 75, Building Act 2004)

Where an application involves the construction of a building over 2 or more allotments and they are held by the owner in fee simple, a certificate will need to be issued that triggers the Record of Title to state that:

“1 or more of those allotments specified by the authority (the specified allotments) must not be transferred or leased except in conjunction with any specified other or others of those allotments.”

This means that allotments cannot be transferred individually. This certificate will need to be issued prior to the granting of the Building Consent and this certificate will be attached to the Building Consent (Form 5).

Who do I contact to design my dam?

Dam construction currently does not have an acceptable solution or verification method solution to show compliance with the NZ Building Code. It is considered an alternative solution and will need suitably qualified persons to undertake the design. There are many suitably qualified people out there and we recommend you get in touch with a Chartered Professional Engineer to discuss your project.

Council does not have staff who can carry out this work, and we do not provide design services or technical advice in the design of dams. This advice should be sort from a qualified professional.

What information should I include in my building consent application?

To enable us to determine compliance with relevant Building Code clauses, we require fully detailed drawings, specifications and any other relevant information which shows how all components of the building are to be constructed. These requirements can be complex and extensive. Your qualified person should be able to guide and carry out this work for you.

Your application should include (where applicable):

  • Record of Title
  • PIM
  • Scaled drawings that include:
    • Site plan showing the boundaries, layout dimensions and north point
    • Dimensioned plans
    • Foundation plans
    • Elevations
    • Any proposed or existing services
    • Construction cross sections
    • Construction details
  • Specifications
  • Geotechnical report
  • Engineering calculations
  • Design reports
  • Producer statements
  • Fire safety design
  • Specified system design.

Drawings need to be drawn to a professional standard with an appropriate scale and clarity. Drawings must show:

  • The drawing number and title
  • The designer’s name
  • The address of the property
  • The date
  • Revision number.

Specifications need to be site specific to the project in which the building consent application covers. The specifications should complement the drawings and not include generic, irrelevant or contradictory information. They should clearly specify systems and products to be used in the build.

How to support your building consent application | Building Performance

What should be included in my specific design?

Specific designs should be provided where design works are carried out by an engineer. This should include calculations, structural drawings, design philosophy, justification of assumptions and methodologies used in analysis and producer statements. We suggest that you supply:

  • PS1
  • PS2 (if applicable)
  • Design reports that cover (where applicable):
  • Loading parameters
  • Flood and freeboard considerations
  • Seismic considerations
  • Geotechnical considerations
  • Stability or structural considerations
  • Reservoir hazard considerations
  • Flow control considerations
  • Appurtenant structures
  • Calculations
  • Potential impact classification
  • Construction inspection schedule
  • Quality assurance considerations.

To ensure your producer statement is accepted, ensure your statement has:

  • Listed the building code clause(s) it is relevant too
  • The issuers name is included
  • The owner’s name is included
  • The Building Consent Authority is listed as Waikato Regional Council
  • The location information matches the information provided in the Form 2
  • The extent of engagement is clear and concise
  • The construction monitoring level is included and acceptable for the level of works being undertaken
  • CPEng number is included and current
  • Name and signature are complete
  • Date of producer statement is complete
  • The schedule (if applicable) is attached and correct.

What is a producer statement?

A producer statement is a professional opinion based on sound judgment by specialist expertise. The BCA uses a producer statement system to provide it with reasonable grounds for issuing of a building consent or code compliance certificate, without having to duplicate design or construction checking undertaken by others.

There are currently four types of producer statements in use. They are known as:

  • PS 1 – Design
  • PS 2 – Design review
  • PS 3 – Construction
  • PS 4 – Construction review

Although well established as compliance documents and widely used, they have no status under the Building Act 2004.  They are used as information which council can rely upon to determine whether there are reasonable grounds to conclude that building work complies with the Building Code.

As dam design and construction is a complex area of expertise, we use producer statements in determining the works comply with the Building Code. When considering whether to accept a producer statement, we assess the credentials of the author to ensure that the person has the appropriate experience and competence in their field of expertise.

During design it needs to be confirmed that there will be sufficient construction monitoring from a suitably qualified engineer and that they will be providing a producer statement along with all relevant construction monitoring as part of the final construction documentation.

A producer statement is not a product warranty or guarantee of compliance.

Producer statements | Engineering NZ Producer statements | Building Performance

What are staged building consents?

Staged building consents are applications that break the proposed building work into segments and enables works to start while other works is still in design. A series of building consent applications for stages of proposed building work (staged building consents) can be undertaken as per section 44(2) of the Building Act 2004.

Examples of staged works in dams construction:

  • Preloading and compaction trail
  • Bulk earthworks for embankment and spillways
  • Construction of primary and auxiliary spillway.

Stage building consent may be useful where the scope of each stage of building work (new build or alteration) can be clearly defined and where there are restricted or extended time constraints.

Each stage will be issued a unique building consent and code compliance certificate once the BCA is satisfied, on reasonable grounds, that the building work complies with the Building Code and issued Building Consent.

What are the requirements for alterations and additions to existing dams? (Section 112, Building Act 2004)

Section 112 of the Building Act 2004 requires the BCA, to be satisfied on reasonable grounds that after the alteration or addition the building will comply, as near as reasonably practicable, with the current provisions of the Building Code that relate to:

  • Means of escape from fire
  • Access and facilities for persons with disabilities (if this is a requirement under section 118)
  • Continued compliance with the other provisions of the Building Code to at least the same extent as before the alteration.

To be satisfied that consideration of section 112 has been undertaken, we will assess the extent to which the proposed upgrade will be effective to bring the building closer to the relevant Building Code. As part of the building consent application building owners should provide an evaluation of:

  • What is currently in the building
  • What level of compliance the building meets in its current state
  • What should be in the building to satisfy means of escape and section 118 above, if the building was new
  • What is proposed to bring the building toward the current Building Code requirements
  • Why the proposed works complies as near as reasonably practicable.

Note that in general alterations and additions to existing dams does not have a requirement for means of escape or access and facilities for persons with disabilities. It is still of use to provide an evaluation to help the BCA determine compliance with section 112.

Managing building alterations | Building Performance

What are the requirements for Change the use of a building? (Section 115, Building Act 2004)

Section 115 of the Building Act 2004 requires an owner who wishes to change the use of their building must obtain written confirmation from council that the proposed change complies with the requirements of the Building Act. The requirements will vary depending on the change in use. Any new use will need to consider:

  • Means of escape from fire
  • Protection of other property from fire and their fire-rating performance
  • Sanitary facilities
  • Structural performance
  • Access and facilities for people with disabilities.

Where household units are included in the building that were not there previously, then council will need to be satisfied that the building in its new use will comply with the building code as near as reasonably practicable (also known as ANARP).

A building consent may be required for a change of use. If you make the change of use without advising council, you could be liable for a fine up to $5,000.

It is of note that in general it is unlikely that a dam use change will meet the change of use criteria. If you are not sure whether your proposed change to use meets the requirements, please contact us.

Change of use and alterations | Building Performance

What is extension of life of a building? (Section 116, Building Act 2004)

Where a building has a life specified of less than 50 years within a building consent, it must be altered or removed before or on its approved specified intended life timeframe. The life of the building cannot be extended without council’s written approval.

Written notice of intent to extend the life of the building should be provided to council as soon as possible. Council will provide notice of approval or refusal to the owner on the extension of life.

Change of use and alterations | Building Performance

What are the requirements for subdivision of an existing building? (Section 116A, Building Act 2004)

Council must not issue a certificate under section 224(f) of the Resource 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 nearly 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 to at least the same extent as before the subdivision application was made.

Completing the building consent application form

The application form to apply for a PIM or Building Consent is Form 2, this is a regulated form under the Building (Forms) Regulations 2004.

The forms can be completed electronically using the editable PDF or printed and completed by hand. The application must be accurate and fully completed and may be declined when incomplete. Where information is not applicable, N/A or similar should be completed in that section.

The owner, or their agent acting on the owner’s behalf can submit an application for building consent. Where an agent is acting on behalf of the owner, a letter of authority is required with the building consent application to confirm the owner’s approval of the agent acting on their behalf.

Currently, there is no acceptable solution or verification method available specifically for dam design which means it is likely that the main structure of the dam will be an alternative solution design. Please ensure when completing the form, you consider how your design demonstrates compliance with the NZ Building Code and that this compliance path is clear within the form and documentation provided.

Dam forms

Applying for a building consent

Applications are accepted as either hard copy or electronic submissions, although our preference is electronic submissions where possible.

Applications made in hard copy require an email address to enable correspondence and issuing of the application to be sent to the applicant as we issue the building consent in electronic format.

You can submit your application and supporting documents via:

If you are having trouble with providing documents in electronic format, please contact us.

What happens to my application once council has received it?

On receiving your application, you will be notified that council has received it and vetting of your application is being undertaken to ensure your application is complete and in accordance with section 45 of the Building Act 2004. This will detail what happens next and who to contact should you have any further questions.

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