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BETTESWORTHConstruction
building consent

Building Consent vs. Planning Permission: What Each Approval Covers

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The terms depend on where you are. In New Zealand, building consent covers specified building work and compliance with the Building Code; resource consent may be needed for land-use or environmental matters. In England, planning permission addresses whether development is acceptable under planning rules, while building regulations approval covers technical construction requirements. These are separate approvals, and a project may need both of the relevant approvals in its jurisdiction.

First, identify the jurisdiction

“Building consent” is the term used in New Zealand. “Planning permission” is the familiar term in England. They are not two alternative application names for the same approval in one system. In New Zealand, the key comparison is building consent and resource consent; in England, it is planning permission and building regulations approval.

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New Zealand: building consent and resource consent

What building consent covers

A building consent is approval to carry out building work in accordance with the approved plans and specifications. The work must comply with the Building Code. Most building work needs consent before it starts, although statutory exemptions apply to some work. Structural work, additions and alterations are examples that may require consent; whether a particular job is exempt depends on its details. See Building Performance’s application guidance and its guidance on work that may not need consent.

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Applications go to the building consent authority for the district where the work will take place. Building Performance says a complete application is generally processed within 20 working days under the Building Act; completeness and project complexity can affect the actual time. This is a processing timeframe, not a guarantee of approval or a promise about an individual project.

What resource consent covers

Resource consent is a separate council approval for an activity that is not clearly identified as permitted or prohibited under the applicable plan. Depending on local rules, activities can include land use, subdivision, water takes, discharges and use of coastal space. Whether consent is needed depends on the district or regional plan and the site. Start with Building Performance’s resource consent overview and confirm the rules with the relevant council.

Building consent and resource consent follow separate processes under separate legislation. A project may need one, both, or neither, depending on its building work and the applicable planning rules. The Ministry for the Environment’s consent-process guidance is dated 2021 and warns that it has not been updated for subsequent legislative changes. For a live project, check current MBIE and council guidance.

England: planning permission and building regulations approval

What planning permission covers

Planning permission addresses whether proposed development may proceed under planning rules. Permission is generally needed when work meets the statutory definition of development, subject to applicable permissions and permitted development rights. Those rights have conditions and limits; they do not remove obligations under other regimes. Check the relevant planning authority’s requirements and England’s planning practice guidance on when permission is required.

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What building regulations approval covers

Building regulations approval concerns technical requirements for construction and building work. It can apply to new construction, extensions and some alterations, including certain electrical, heating, glazing and roof work, though exceptions and competent-person routes exist. The requirement depends on the proposed work. GOV.UK explains that building regulations approval is different from planning permission and that a project may need both: Building regulations approval.

For non-higher-risk work in England, application routes include the local authority building control department or a private registered building control approver. Higher-risk building work follows a separate route through the Building Safety Regulator. Check the appropriate route for the project in GOV.UK’s approval guidance.

How the approvals differ

Jurisdiction Planning or land-use approval Building-work approval What each addresses
New Zealand Resource consent, if required Building consent, if required Resource consent addresses whether an activity fits the relevant plan; building consent addresses specified building work and Building Code compliance.
England Planning permission, if required Building regulations approval, if required Planning permission addresses development in planning terms; building regulations approval addresses technical construction requirements.

In either country, one approval should not be treated as a substitute for the other. A permitted development right or building-consent exemption may affect one requirement without resolving other planning, building or environmental obligations.

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How to find out what your project needs

  1. Confirm the country and local area. The terminology and rules differ by jurisdiction and by local plan.
  2. Describe the work accurately. Include structural changes, proposed changes of use, site conditions and known constraints.
  3. Ask the planning or resource-consent authority. In New Zealand, ask the council whether the district or regional plan requires resource consent. In England, ask the local planning authority whether permission is required or permitted development rights apply.
  4. Ask the building approval authority. In New Zealand, contact the building consent authority for the district. In England, check with local authority building control or a registered building control approver, and establish whether the Building Safety Regulator route applies to higher-risk work.
  5. Confirm exemptions and routes before starting. An exemption from building consent or planning permission does not automatically exempt the project from the other approval system or from underlying technical requirements.

For official overviews, see New Zealand building consent applications, New Zealand resource consents, England planning permission requirements and England building regulations approval.

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