The difference between a resource consent and a building consent

Resource consents and building consents are separate approvals, issued under different Acts and assessed against different rules. Many projects need both, and a building consent does not replace a resource consent, or the reverse.

Resource consent

A resource consent is required under the Resource Management Act 1991 for an activity that the district or regional plan does not identify as permitted. Auckland Council describes it as written approval "to carry out a project that has an impact on the environment, or could affect other people".

The assessment concerns the use of the land and its effects. In Auckland, the proposal is assessed against the Auckland Unitary Plan, including the zone, any overlays, and the natural hazard and other Auckland-wide rules. Typical matters include building height and bulk, the effect on neighbours, traffic and parking, earthworks, stormwater, natural hazards, and subdivision.

Building consent

A building consent is required under the Building Act 2004. Section 40(1) provides that "A person must not carry out any building work except in accordance with a building consent", unless the work is exempt. Auckland Council describes a building consent as written approval "to carry out specific building work on a specific site, which must comply with current regulations".

The assessment concerns the building itself: whether the design will meet the Building Code, for example in structure, weathertightness, fire safety, and access. All building work must comply with the Building Code, including work that is exempt from the need for a building consent.

Projects that need both

A new house, a subdivision with new buildings, a commercial building, or an early childhood centre will often need both consents. The two applications are assessed by different teams within the council, and each can raise matters that affect the design.

Order of the two consents

Where a council considers that a resource consent has not yet been obtained, and that it will or may materially affect the building work, section 37 of the Building Act 2004 requires it to issue a certificate. The certificate states that until the resource consent has been obtained, no building work may proceed, or building work may proceed only to the extent stated in the certificate.

In practice, the resource consent is usually obtained first, or the two applications are prepared together. Obtaining the resource consent first reduces the risk that conditions or design changes required through the resource consent process will require amendments to the building consent.

Building work that is exempt

Schedule 1 of the Building Act 2004 lists building work that does not need a building consent. An exemption from building consent applies only under the Building Act. The work must still comply with the district plan, and a resource consent may still be required.

Granny flats

Since 15 January 2026, two separate sets of rules have applied to small detached dwellings, known as granny flats or detached minor residential units.

• A building consent exemption under the Building Act 2004 applies to a granny flat of up to 70 square metres, subject to conditions. A project information memorandum must be obtained from the council before building work begins.
• The Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 allow a detached minor residential unit of up to 70 square metres to be built without resource consent, where the standards are met. The standards include one unit per site and minimum setbacks, which differ between residential and rural zones.

If a unit does not meet one or more of the national standards, the national standards no longer apply and the district plan rules apply instead. The Ministry for the Environment has also confirmed that "All natural hazards provisions in plans apply to proposed detached minor residential units". The two exemptions have different requirements, so a unit may qualify under one and not the other.

Changes to the resource management system

The Planning Bill and the Natural Environment Bill, which will replace the Resource Management Act 1991, passed their third readings in Parliament on 22 September 2026. Until the new legislation comes into force, resource consent applications continue to be made and decided under the Resource Management Act 1991. This guide describes the rules as at the date above.

How RPI can help

RPI can confirm which consents a project needs before design is finalised, prepare the resource consent application, and coordinate with the architect, designer and engineers so that the resource consent and building consent fit together.

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