51AWhich subdivisions and building work are exempt development?

51A Which subdivisions and building work are exempt development?

(1) The following classes of subdivision of land are exempt development under this Division—

(a) except as provided in subsection (3), a subdivision of land into not more than 2 lots; or

(b) a subdivision of land that involves an alteration to the boundaries of the lots on an existing plan of subdivision but does not increase the number of lots above the number of lots on that existing plan of subdivision; or

(c) a subdivision of an existing building into lots or lots and common property; or

(d) a subdivision of land where an existing building is situated on each lot to be created by the subdivision.

(2) The following classes of building work are exempt development under this Division—

(a) the construction of up to 2 dwellings on a lot;

(b) the construction of the following buildings when they are ancillary to a dwelling—

(i) a garage, carport or shed or similar non‑habitable building;

(ii) a fence, mast, antenna, retaining or free-standing wall, swimming pool, spa or similar structure;

(c) the carrying out of protection work within the meaning of the Building Act 1993;

S. 51A(2)(d) amended by No. 48/2025 s. 73(2).

(d) except as provided in subsection (4), any other building work if the cost of the building work (calculated in accordance with section 3A of the Building Act 1993) does not exceed the threshold amount.

(3) A subdivision of land is not exempted under subsection (1)(a) if the land or any part of the land was the subject of a subdivision in the period of 3 years immediately preceding the date of development for the subdivision.

S. 51A(4) substituted by No. 48/2025 s. 73(3).

(4) Building work is not exempted under subsection (2)(d) if the sum of the following exceeds the threshold amount—

(a) the cost of the building work referred to in subsection (2)(d) (calculated in accordance with section 3A of the Building Act 1993);

(b) the cost of all the other building work (calculated in accordance with section 3A of the Building Act 1993) carried out on the same land in the period of 3 years immediately preceding the date of development for the building work.

(5) A period of 3 years referred to in subsection (3) or (4) does not include any period preceding the coming into effect of a resolution under Subdivision 2 or 3 in respect of the project area in which the land referred to in that subsection is situated.

(6) In this section—