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Subdividing an existing building

When subdivision will affect a building or part of a building, section 116A of the Building Act 2004 has to be considered.

Council must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless 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 the following:

  • means of escape from fire
  • access and facilities for persons with disabilities (if this is a requirement under section 118)
  • 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.