Evie Summers
Building a sleep-out is not considered restricted building work (RBW) because it does not require building consent. Therefore, a record of work (ROW) is not legally required. However, it is important to note that a competent licensed building practitioner (LBP) is still required to carry out or supervise the work to ensure compliance with the Building Code. While this work is not considered restricted, LBPs are still professionally accountable for maintaining the same standards, and the oversight of the Building Practitioners Board (BPB) applies to these projects to protect consumers and maintain the scheme's standards.
| Characteristics | Values |
|---|---|
| Building consent exemptions | Up to 10 m² without consent; up to 30 m² if supervised by an LBP or built from prefabricated/kitset components designed/reviewed by a CPEng |
| Plumbing and wiring | Plumbing work not covered by exemptions; electrical work requires a registered electrician and certificate of compliance |
| Fire safety | Smoke alarms must be installed |
| Stormwater runoff | May be significant for larger sleep outs and must be considered |
| Building code compliance | Required; one of the reasons why work must be carried out/supervised by a competent LBP |
| LBPs | Assessed and found competent to do the work; professionally accountable through the Building Practitioner Board |
| Record of Work (ROW) | Not legally required as it is not Restricted Building Work |
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What You'll Learn
Building consent exemptions
The Building Act 2004 allows for some types of building work to be carried out without obtaining a building consent. From 31 August 2020, additional building consent exemptions were added to the Building Act, including a range of options for building sleep-outs.
Sleep-outs, sheds, carports, outdoor fireplaces, and ground-mounted solar panels are now exempt from building consent. This means that a building consent is not required, and therefore, a Record of Work (ROW) is not legally mandated as it is not Restricted Building Work.
However, it is important to note that these structures must still comply with the Building Code and other legislative requirements, such as those under the Resource Management Act 1991, the Electricity Act 1992, and the Health and Safety at Work Act 2015. Any plumbing work or electrical work will still need to be carried out by a registered electrician with a certificate of compliance upon completion. Fire safety rules also mean that smoke alarms must be installed.
There are maximum floor area restrictions for buildings constructed without a building consent. For example, kitset or prefab buildings with a maximum floor area of 30 square meters can be built without consent if a manufacturer or supplier has had the design carried out or reviewed by a Chartered Professional Engineer.
The Ministry of Business, Innovation, and Employment (MBIE) provides guidance on building work that is automatically exempt under the Building Act. They have also released an online Buildit tool to help homeowners with building consent exemptions.
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Building code compliance
Building a sleep-out is not considered Restricted Building Work (RBW) because it does not require building consent. Therefore, you do not need to supply a Record of Work (ROW). However, you are still professionally accountable for the work, and the oversight of the Building Practitioners Board (BPB) applies to these projects. It is important to maintain the same standards of professional accountability to protect consumers from rogue builders and maintain the standards of the scheme.
The usual rules around plumbing fittings and wiring apply, so plumbing work is not covered by this exemption, and any electrical work will need to be carried out by a registered electrician with a certificate of compliance upon completion. Fire safety rules also apply, meaning the sleep-out must have smoke alarms installed. Additionally, stormwater runoff from larger sleep-outs can be significant and must be considered.
Sleep-outs must still meet the Building Code, and building consent is only one part of the legal requirements for constructing one. The usual requirements about the durability of materials, district planning, location of services, and boundary restrictions still apply. This means a sleep-out must be at least its own height away from a boundary, which may prevent many suburban homes from building to the maximum 30 square metres without consent. The sleep-outs included in this exemption are not designed to be lived in exclusively, and the facilities of an existing dwelling (such as potable water) must be readily available for those using the sleep-out.
If you choose to use a Licensed Building Practitioner (LBP) to do or supervise restricted building work, they must provide a Certificate of Design Work or a Record of Building Work. These documents are required for your application for a code compliance certificate at the end of the project. The building consent application must include the names and contact details of the LBPs who will be carrying out or supervising the restricted building work. If an LBP is replaced during the build, the council must be informed, and the departing LBP must provide a Record of Building Work for the work they have completed.
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LBP supervision
A sleepout is a building consent exemption, meaning it can be built without a building consent. However, it must comply with the Building Code, and so it must be carried out or supervised by a Licensed Building Practitioner (LBP) to ensure the work is done properly.
The LBP must provide a Certificate of Design Work or a Record of Building Work, which is part of the application for a code compliance certificate. The LBP designer will provide a Certificate of Design Work, which is needed to apply for building consent. The building consent application must include the names and contact details of the LBPs carrying out or supervising the work.
LBPs are licensed for the type of work they do, and there are seven licence classes. They are required to keep their skills and knowledge up to date. If an LBP is replaced during the build, the council must be informed. The new LBP must give a Record of Building Work for the work they complete.
An LBP can supervise a non-LBP in carrying out restricted building work, but they cannot supervise another LBP with the same licence class. If an LBP is supervising, they must fill in a Record of Work. If the person carrying out the work is unlicensed, they must be supervised by an LBP.
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Record of Work (ROW)
A Record of Work (ROW) is not required when building a sleepout, as it is not categorised as Restricted Building Work (RBW). This is because a building consent is not necessary for a sleepout, and a ROW is only required when consent has been given.
However, while a ROW is not legally required, building professionals are still professionally accountable for the work, and must maintain the same standards as if a ROW were to be submitted. The Building Practitioners Board (BPB) still applies oversight to these projects, and LBPs are expected to use their professional judgement when undertaking work. They must also bring up any issues of non-compliance with the client, rather than following their instructions blindly.
If a Licensed Building Practitioner (LBP) is replaced during the build, the LBP leaving the job will need to give a Record of Building Work for the work they have completed. The new LBP will then need to provide a Record of Building Work for the work they undertake.
A ROW is a detailed record of all aspects of restricted building work carried out or supervised by each LBP. It must be made in the prescribed form, be fully completed, and signed. If an LBP does not provide a ROW, they may face disciplinary action or fines.
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Plumbing and electrical work
The consent-free sleepout exemption applies to a range of building projects in both rural and urban areas, including detached standalone buildings, porches, verandas, and carports. This exemption allows for the construction of a sleepout up to 30 square metres without the need for building consent, as long as it does not contain bathroom or kitchen facilities. However, it can include a toilet and a kitchenette, provided that a smoke alarm is installed.
While plumbing and electrical work are not covered by this exemption, it is important to note that the overall work on a consent-free sleepout is still held to certain standards. The oversight of the Building Practitioners Board (BPB) applies to these projects, and professionals are accountable for the work they carry out. This accountability helps protect consumers from subpar work and ensures that industry standards are maintained.
In addition to plumbing and electrical rules, other requirements, such as durability of materials, district planning, location of services, and boundary restrictions, must be adhered to when building a consent-free sleepout. For example, a sleepout must be at least its own height away from a boundary, and it should not be designed to be lived in exclusively. The facilities of the main dwelling, such as potable water, must be accessible to those using the sleepout.
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Frequently asked questions
No, building consent is not required for a sleepout. However, there are specific conditions that must be met. These include the size of the sleepout, whether it is built or supervised by an LBP, and whether it is constructed from prefabricated components.
The maximum size of a sleepout that can be built without consent is 30 square metres. However, it is important to note that the sleepout must be at least its own height away from any boundary.
Yes, an LBP is required to either build or supervise the construction of a sleepout larger than 10 square metres. An LBP is also necessary to design and construct sleepouts that fall under the Schedule 1 exemption.
The sleepout must comply with the Building Code and meet the usual requirements for durability of materials, district planning, location of services, and boundary restrictions. It must not contain a kitchen or bathroom, but it can have a kitchenette if a smoke alarm is installed. Additionally, any electrical work must be completed by a registered electrician, and plumbing rules and fire safety rules must be followed.
