Bathroom Renos: Does my tiled shower need a Building Consent?

Does that tiled shower require a Building Consent? This article highlights some new information that you may find useful if looking at buying or selling a property with bathrooms that have been renovated.

The issue.

Bathroom renovations, tiled showers and whether or not they require a Building Consent has long been a confusing and contentious area. Disagreements between parties and their professionals about whether work needed a Building Consent or not can definitely throw a spanner in the works with property transactions. 

Often, information published by official sources can be incomplete and unclear, resulting in a lack of consensus around interpretation - by consumers and the builders that carry out the work for them. As well as the various professionals that work in the property space (building inspectors, solicitors, agents, mortgage and insurance advisors).

Opinions, opinions...

Here are a few of the points of view I've heard over my time selling real estate. Do some of them sound familiar?

The Permissive POV

• It's 'like for like' (think: retiling a previously tiled shower)
• The floor is not level (think: there is a shower curb/raised threshold)
• The floor is tiles over a shower tray (think: the floor is not truly a tiled floor because of the presence of the tray)
• Only the walls are tiled (think: no tiled floor - no building consent required)

The Restrictive POV

• If the floor wasn't tiled before and is now.
•  "If it gets wet - it's a wet area - all tiling or retiling of an area that gets wet needs Building Consent"

Auckland Council & MBIE on tiled showers

Here's what Auckland Council's website says.

And should you request further clarification, Auckland Council will often direct you to the Wet Area Showers Require a Building Consent page by MBIE. This page explains what a Wet Area Shower is.

You'll notice that both Auckland Council and MBIE mention 'waterproof membranes' as being critical building work in their reasoning for wet area showers requiring a building consent.

So, if it needs waterproofing, it must be a 'wet area shower' - and require a Building Consent - right?

New Clarification: Waterproof Membranes & Exempt Works

Not quite.

MBIE released this determination late last year which confirmed that Clause 12 of Schedule 1 of the Building Act 2004 (work that does not require a building consent) does not exclude waterproof membranes. Thus it includes them.

For your easy reference, here is what Clause 12 says.

Interestingly, the party that applied for the determination, referred MBIE to the advice stated on their own website, but the lead determination specialist responded by saying that "the guidance issued on their (MBIE) website does not supercede the (Building) Act or its regulations."

What do Auckland Council say about this?

This week I emailed the Building Desk at Auckland Council to ask for comment on this determination as it appears to contradict information on their website stating that you WILL need a building consent for a tiled shower - rather than that you MAY need one.

I said..

"Re: the MBIE guidance you've linked to in your response, Determination 2024/054 specifically addresses that guidance as not superseding the Act or its regulations (4.18), determining that removal of existing linings and installation of new ones, including wet area membranes, falls within the scope of Clause 12 of Schedule 1 (4.17). Additionally, while the determination above relates to tiled walls, Clause 12 of Schedule 1 specifically includes the floor.

..would it be safe to conclude building consent is only required for a tiled shower if the specifics of the work being carried out is not covered by an exemption in Schedule 1 (including Clause 12 as it relates to installing waterproof membranes)?"

They responded..

"Please read MBIE’s definition for ‘wet area shower’ (as not all showers are included in this definition, even though in reality all showers are wet areas).

...a shower becomes a ‘wet area shower’ if the existing floor structure (joists etc.) needs to be changed to achieve a level access. If only the linings and finishes (which includes membranes as they are sandwiched between the lining and finish) are changing, then you have correctly interpreted that the building work will fall under Schedule 1 and not require building consent. My understanding is that this is what the determination is clarifying for the industry."

My tips for you moving forward.

I am stoked to have solid information to refer my sellers and buyers to on this topic. Here is what I suggest.

If you are selling.

• Keep records and have these on hand to provide your buyer. Think: progress photos, producer statements and product warranty documentation. Being able to prove that work was done to the New Zealand Building Code is really helpful.
• Do you believe the work you did was exempt work? Be prepared to explain what exemption it fell under. I have sold for a number of people who were told by the business they engaged to do a job that the work in question did not require a building consent - and it very clearly did. A good risk minimisation policy is looking up the exemption you were told work fell under before work starts.
• If you are still in doubt, email the Council for clarification. You can do that here.
• Consider adding a record of exempt building work to your property file. That process is here. 

If you are buying.

• When in doubt, ask the authority. When it comes to building consents, that is the Council. You can email the Auckland Council Building Helpdesk here. 
• Sometimes, the quality of the answer is impacted by the quality of the question asked. Give as much detail as possible when asking your question so that the party answering it can give a considered answer. 

I hope this is helpful!

If you are looking to sell a property in Auckland and would like to have a chat, you can get in touch with me here. Or give me a call on +64 21 454694.

DISCLAIMER: THE ABOVE IS NOT LEGAL ADVICE. THE ARTICLES I PUBLISH ARE INTENDED TO HELP DIRECT YOU TO RELIABLE SOURCES OF INFORMATION AND HELP YOU TO ASK THE RIGHT QUESTIONS.

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