Property Title and the Building Act in New Zealand: What Homeowners and Buyers Must Know

How the Building Act Connects to Your Property Title

New Zealand's Building Act 2004 governs how buildings are constructed, altered, and demolished — but its reach extends well beyond the building site. Several Building Act processes can end up as entries on your Record of Title, and missing one of these before you buy, sell, or renovate can be an expensive surprise.

This guide explains how the Building Act and your property title intersect, what to look for, and how to check before you commit to a purchase or a building project.

What Actually Gets Registered on Your Title

Most Building Act activity — issuing a building consent, inspecting the work, approving it — happens through council records and never touches the title. But a handful of Building Act situations do result in a registered entry:

• Section 221 consent notices (Resource Management Act) — often issued alongside a subdivision or building consent, these bind future owners to conditions such as building platform locations or design controls.
• Notices to fix — if building work was carried out without consent, or doesn't comply with the Building Code, the council can require it to be corrected. In some cases this is reflected in title-related documentation the council holds, even if not registered directly.
• Earthquake-prone building notices — where a council has determined a building earthquake-prone under the Building Act, this is registered against the title and remains until remediation or demolition is complete.
• Dangerous or insanitary building notices — issued under section 124 of the Act, these can restrict use or occupation and are registered against the title until resolved.

For a narrower explainer specifically about hazard-related notices, see What Are Notices Under Sections 71–74 of the Building Act 2004.

Code of Compliance Certificates and the Title

A Code of Compliance Certificate (CCC) confirms building work complies with the consent it was issued under. A CCC itself is not registered on the title — but its absence can create real problems:

• Unconsented or uncertified work can surface later as a notice to fix, which may become a registered encumbrance.
• Lenders commonly decline finance, or attach conditions, where consent and CCC records for existing structures are incomplete.
• Buyers who don't check can inherit someone else's unresolved consent problem.

Read more: How to Check for Unconsented Building Work on a Property in New Zealand.

Earthquake-Prone and Dangerous Building Notices

These are the two Building Act entries most likely to directly affect a title, and the most consequential if you miss them.

An earthquake-prone building notice sets a remediation or demolition timeframe and can affect:

• Value — strengthening work is often a significant cost, which buyers factor into price.
• Insurance — some insurers decline or restrict cover on earthquake-prone buildings.
• Finance — banks may be reluctant to lend, or require the notice addressed as a condition.

A dangerous or insanitary building notice can restrict occupation entirely until the issue is fixed. Both notice types remain registered until the council formally removes them — always check the title, not just the listing description, before you rely on a property being notice-free.

Cross-Lease and Unit Title Properties

Cross-lease titles have a specific Building Act interaction: the flats plan shows the agreed building footprint. Extending a building, or adding a structure not shown on the plan, without updating the flats plan makes the cross-lease defective — a common issue that delays sales and needs legal resolution to fix.

On unit title properties, the body corporate is responsible for Building Act compliance on common areas and specified systems (like fire alarms or lifts), and compliance schedules need to stay current. Check these are in order before buying into a body corporate.

Before You Apply for Building Consent, Check Your Title

Your title can restrict what you're allowed to build, independent of what the council will consent:

• Covenants may limit height, materials, or where on the site you can build.
• Easements can prevent building over an access way or service line.
• Consent notices may fix a building platform location from an earlier subdivision.

Getting building consent approved only to find a registered title restriction blocks the work is an avoidable mistake — check the title first.

Title Checklist Before Building Work or Buying

1. Order a current Record of Title and review the encumbrances and interests section for covenants, consent notices, easements, and any notices.
2. Check specifically for earthquake-prone or dangerous building notices — these affect what you can do and what finance you can get.
3. Request the council property file to verify building consent and CCC history for any existing structures.
4. Review the survey plan and flats plan (for cross-lease properties) against what's actually built on site.
5. Check compliance schedule status for unit title and commercial properties.

Frequently Asked Questions

Can I buy a property that has a building notice on the title?

Yes, but go in with your eyes open. Understand what the notice requires, the likely cost of remediation, and the compliance timeframe, and factor this into your offer. Order a Guaranteed Search ($45.90) and talk to a property lawyer before you commit.

Do I need to update my title after getting a building consent?

Not usually. Most consents don't create a title entry. A title update is only required if the consent was granted subject to conditions the council requires registered, or if you're on a cross-lease and the building footprint is changing.

What if the previous owner built without consent?

You can inherit the problem. Order a Record of Title to check for registered notices, and request the council's property file for the full consent history before you buy. A Pre-Purchase Diligence Package ($189.90) bundles the title checks you need for this kind of due diligence.