Reply To: Regulation 422

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Marcus Collard

The issue is what has been applied for on the Building Permit?
If the building permit is for the construction of the shed and dwelling then Regulation 422 isn’t an issue.
A Planning Permit cannot be considered to be Consent of Council as it is not issued under the Building Act and Regulations.
The regulations also exclude the requirements to obtain a report and consent for some regulations where a Planning Permit has been issued. Not because the Planning Permit is Council Consent.

The issue here is that a volume builder will construct the dwelling and the owner or another builder will apply for the permit for the shed.
Remember the regulations specify that the dwelling does not exist until Council has received the OP.

We issue Reg422 consent only under three circumstances:
1. A planning permit has been issued for the proposed shed.
2. A planning permit is not required for a farm shed in the farming zone.
3. Construction of the dwelling has commenced but the OP has not been issued.