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Do foundation repairs need building consent in NZ?

By Aidan Teague — 12+ years in foundation repair · Published 24 October 2026

Often yes, but not every foundation repair needs building consent. Limited, comparable replacement can be exempt. Substantial replacement or a changed structural solution needs a different consent assessment. Start with the actual work proposed, not the name on the quote.

My 12+ years in foundation repair include underpinning, re-levelling, grout injection, structural house lifting and subfloor work. A practical place to start is the written scope: what is being replaced, what is staying, and what will carry the house when the work is finished?

“Foundation repairs” can describe very different jobs. Replacing a deteriorated support is not the same scope as rebuilding a subfloor or transferring a footing onto deeper support. Your drawings, inspection findings and contractor's exclusions should describe that difference.

When can pile replacement be exempt?

MBIE's Schedule 1 guidance gives an example of old wooden piles replaced with treated timber piles in the same positions, provided this is not complete or substantial replacement. Exemption 1 requires comparable materials or components; replacement must be in the same position. Its exclusions include substantial structural replacement, certain durability failures, and sanitary plumbing or drainlaying. Read the full MBIE repair and replacement guidance against your scope.

The exemption does not give a universal pile count or percentage that automatically makes a job exempt. Avoid treating a rule of thumb from another property as approval for yours.

Repiling, underpinning and re-levelling

Whole-house or substantial repiling

MBIE lists structural building work, including repiling, among work requiring consent. A whole-house or substantial replacement is outside the limited repair example above. Allow for the consent and design pathway before committing to a start date. See MBIE's consent overview.

Underpinning an existing footing

Underpinning may change how loads reach the ground. Have the designer and council assess the proposed structural work before excavation. A small area on the plan does not, by itself, establish an exemption. Clarify the design, inspection stages and consent allowance in the quote.

Jack-and-pack work or resin injection

Neither a method name nor a quick installation decides the consent position. Ask what movement is being corrected, whether supports or load paths change, and what else is included. The contractor should explain the proposed pathway for that defined scope, with council advice where needed.

A council exemption is a separate decision

If work does not fit another Schedule 1 exemption, a council may consider a discretionary exemption under clause 2. This requires a council decision; a contractor cannot grant it. Discuss the proposal with council before relying on this route. The council considers the statutory criteria and may decline. MBIE explains discretionary exemptions.

Auckland Council's AC1816 exempt building work guidance (PDF) describes case-by-case assessment and the supporting detail required. Putting a record of exempt work on the property file is different from obtaining consent or an approved exemption: council says it does not check or inspect that notified exempt work.

Does using an LBP remove the need for consent?

No. Consent and licensing answer different questions. Restricted building work concerns specified residential design or construction that requires consent and affects primary structure or weathertightness. Foundations can be part of that work. Work exempt under Schedule 1 is not restricted building work, but other trade-licensing rules can still apply. See MBIE's restricted building work guidance.

Exempt work still has to comply with the Building Code. Building consent exemptions also do not settle resource-consent requirements. Auckland Council recommends checking the requirements before starting.

Check the exclusions before comparing quotes

My foundation repair cost guide explains why similar-looking prices can cover different work. Ask who is allowing for:

  • Design, engineering or geotechnical input where required.
  • Consent or exemption applications, fees and inspections.
  • Drainage, service protection and reinstatement of disturbed paths, cladding or landscaping.
  • Completion records and any required sign-off.

Keep this separate from deciding what caused the movement. A clear record of the visible issue helps an inspection, but the repair and consent pathway need the actual site findings and proposed work.

Official references checked 24 October 2026. The linked MBIE guidance applies nationally; the council process linked here is Auckland's. Elsewhere, speak to the council responsible for your property.

Questions

Frequently asked questions

Does every foundation repair need building consent?
No. Limited comparable repairs or replacement can be exempt if the conditions apply. Substantial structural replacement is excluded from that repair exemption. Check the defined scope against MBIE guidance and obtain council advice if uncertain.
Does an LBP mean I do not need a building consent?
No. Licensing and consent are separate requirements. Employing an LBP does not make otherwise non-exempt work exempt.
Can my builder approve a discretionary exemption?
No. A discretionary exemption under Schedule 1 clause 2 requires a council decision. A builder or designer can help prepare the scope and supporting information.
Does putting exempt work on the property file mean council approved it?
No. Auckland Council distinguishes recording exempt work from checking or inspecting it. Keep the records, but do not describe notification as a building consent or approved exemption.