Building Act 2004

115 Code compliance requirements: change of use

An owner of a building must not change the use of the building,—

(a)

in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and

(b)

in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, in its new use,—

(i)

will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:

(A)

means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:

(B)

access and facilities for persons with disabilities (if this is a requirement under section 118); and

(ii)

will,—

(A)

if it complied with the other provisions of the building code immediately before the change of use, continue to comply with those provisions; or

(B)

if it did not comply with the other provisions of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

Compare: 1991 No 150 s 46(2)

Section 115(b): replaced, on 28 November 2013, by section 24 of the Building Amendment Act 2013 (2013 No 100).

Section 115(b)(i)(B): amended, on 8 June 2021, by section 35 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).