If I’m Extending My Building, Do I Need To Bring All Of It Up To Code?

Extending your commercial building could be a decision you’re making to improve its functionality, safety or aesthetics.  

At Attika, we’ve done multiple extensions, but the question "do I need to bring the entire building up to code?" often comes up with our clients.  

This is a common concern among building owners and managers, and it's crucial to understand the implications of New Zealand's Building Code and local council regulations to navigate your extension smoothly.  

This article will look at the considerations surrounding compliance and provide insights to ensure your project progresses smoothly and successfully. 

Understanding the New Zealand Building Code 

The New Zealand Building Code (NZBC) sets out performance standards that all new building work must meet. It ensures buildings are safe, healthy, and durable. The NZBC is divided into two main sections: the mandatory provisions and the acceptable solutions and verification methods. These cover everything from structural stability and fire safety to accessibility and energy efficiency. 

When you're renovating, the key principle to understand is that any new work must comply with the current NZBC. However, this doesn't mean you must upgrade the entire existing building. The extent to which you need to comply with the NZBC depends on the scope of your renovation project. 

Compliance with NZBC During Renovation 

There are several scenarios to consider when deciding whether you need to bring the entire building up to code: 

Minor extensions and maintenance If your extension involves minor repairs or maintenance, such as painting, replacing fixtures, or patching walls, you typically won't need to upgrade the entire building. These minor works are generally exempt from needing a building consent under Schedule 1 of the Building Act 2004. However, any new construction or installation must still meet current NZBC standards. 

Alterations When you're making more significant alterations, the requirements become more stringent. According to Section 112 of the Building Act, if you're altering a building, you must ensure that: 

• The building, as altered, complies with the NZBC provisions relating to means of escape from fire and access and facilities for people with disabilities. 

• The building, as altered, continues to comply with the other provisions of the NZBC to at least the same extent as before the alteration. 

Change of Use If your extension involves changing the use of the building, the requirements are even more comprehensive. A change of use could mean converting an industrial space into a commercial office or vice versa. Under Section 115 of the Building Act, you must ensure the entire building complies with the relevant provisions of the NZBC for its new use. This includes structural performance, fire safety, access, and facilities for people with disabilities. 

Local Council Regulations 

In addition to the NZBC, local council regulations also play a crucial role in your renovation project. Each city council in New Zealand can have specific bylaws and district plans that might affect your extension. For instance: 

• Different Councils will have different requirements: These regulations can impact various aspects of your project, including zoning, heritage considerations, and specific environmental standards. 

• Resource Consents: In some cases, you might need resource consent in addition to a building consent, especially if your renovation impacts the environment or involves significant changes to the building's footprint. 

It's essential to check with your local council early in the planning stages to understand these requirements and ensure your project aligns with both national and local regulations. 

You can find out more about the various councils' rules and regulations with our planning guides for industrial zones here.  

Balancing Compliance and Practicality 

The phrase "as nearly as is reasonably practicable" often comes up when discussing compliance with the NZBC during extensions. This means there's some flexibility based on practicality and cost. However, this doesn't mean you can ignore safety and essential performance standards. 

When deciding what is reasonably practical, consider: 

• Risk to life: Safety features such as fire escapes, alarms, and structural integrity must always be prioritised. 

• Technical feasibility: Sometimes, the physical constraints of the existing building make certain upgrades impractical. 

• Cost: While cost alone isn't a justification for non-compliance, disproportionate costs relative to the benefits might be considered. 

Practical Steps for Compliance 

• Conduct a thorough assessment: Before starting your renovation, carry out a detailed assessment of your building. This should include structural evaluations, fire safety assessments, and checks for accessibility and other compliance areas. 

• Engage professionals: Work with architects, engineers, and building compliance experts to ensure your plans meet NZBC standards. At Attika, we guide you through the process, ensuring your renovation meets all necessary codes. 

• Develop a compliance strategy: Create a strategy, or a GAP Analysis, that outlines how you'll address each compliance requirement. This might include phased upgrades or alternative solutions that provide equivalent performance. 

• Consult with local authorities: Regularly communicate with your local council to ensure your plans are in line with their specific requirements and to avoid any surprises during the approval process. 

• Document everything: Keep detailed records of all assessments, decisions, and communications. This documentation will be crucial if there's ever a question about compliance. 

Extending a commercial building can be a significant undertaking, but understanding the requirements of the Building Code and local council regulations can help you navigate the process more smoothly. While you may not need to bring the entire building up to code, any new work must comply with current standards, and certain situations, like a change of use, may require more comprehensive upgrades. 

By conducting thorough assessments, engaging the right professionals, and developing a clear compliance strategy, you can ensure your extension not only meets regulatory requirements but also enhances the safety, functionality, and value of your building. 

Remember, each project is unique, and it's crucial to seek tailored advice for your specific situation.  

Attika may be able to assist you with your extension project. If we're not the right fit, we'll gladly refer you to someone who can best meet your needs. Book a meeting with our team to explore your options.