Building, Renovations, Resource Consent and Building Use

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Everyone intending to build, operate or have any renovations done an early childhood education centre needs to know about compliance requirements for building and resource consent compliance.

All services must comply with relevant bylaws of the local authority and the Building Act 2004.  A Code of Compliance Certificate issued under Section 95 of the Building Act 2004 is required for any building work undertaken, or alternatively, any other documentation that shows evidence of compliance.

Should the premises fall under section 100 of the Building Act 2004, or section 108 of the Building Act 2004, a copy of the current Annual Building Warrant of Fitness; or a copy of the compliance schedule if 12 months have not elapsed since the compliance schedule was first issued is required.   

Note that:

  • Compliance with the earthquake code is not stated as a minimum requirement but parents could be interested in knowing how well a centre building complies with earthquake safety standards.
  • A centre’s location and what is located near it might also be considered for children’s safety and health such as the level of risk to children from a tsunami, earthquake strength of neighbouring buildings, an attack by a dangerous person(s) or group (e.g., if located near an embassy or prison), poor air quality, high noise level (e.g., from planes overhead), etc.

Resource consent and management

This applies to centres, not homes.

The centre premises must comply with the Resource Management Act 1991 and be:

  • for the exclusive use of the centre
  • situated on a single site, or if two or more pieces of land or buildings are in use then they are immediately adjacent and connected for children to access safely. 

Renovations and changes to use of licensed space

Centres must notify the Ministry of Education should space that is licensed no longer be used for the purpose of care and education of children, as this is a change to the licence and may affect the number of children the service is permitted to have attending. 

Centres must notify the Ministry of Education should they wish to use add unlicensed space to the licensed space for the purpose of care and education of children, and have the use approved.

Failing to meet minimum standards

The Ministry of Education needs to know:

  • If you are concerned children’s needs are not being met.
  • If you are concerned a service is not meeting a minimum legal requirement.

READ MORE: How to make a complaint and your options.

CAUTION: This page and the information here is provided as part of the My ECE Guide to Regulations and Licensing Criteria for Early Childhood Education Services (The Guide).  The Guide does not purport to be a full and accurate interpretation of all statutory provisions relating to early childhood education services. While best efforts have been used in preparing this guide, no representations or warranties of any kind are made and My ECE assumes no liabilities of any kind with respect to the accuracy or completeness of the content. Please note that the Government and Ministry of Education may change, update, or alter any of the requirements at any time.  Please help to keep the information on this page up to date by letting us know of changes that need to be made.
Thank you!  Kia pai te rā

Building, Renovations, Resource Consent, and Building Use. Published in the My ECE Guide to Regulations and Licensing Criteria for Early Childhood Education Services, prepared by Dr Sarah Alexander and Warwick Marshall.

Last reviewed: 20 November 2022


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