Deemed permitted boundary activity
A notice that lets building work go ahead without a resource consent when it breaks only boundary rules and the owners of the neighbouring land have given written approval.[1]
Last reviewed 12 Oct 2026. This page explains the usual process in general terms. It is not legal advice; the council's decision documents govern any particular application.
New Zealand is replacing the Resource Management Act 1991 with the Planning Act 2026 and the Natural Environment Act 2026. The transition period starts on 30 October 2026. Resource consent applications lodged before then continue under the Resource Management Act as it was before the Planning Act 2026 received royal assent. Applications lodged during the transition are processed under the Resource Management Act as in force when they are lodged. This page will be updated when that changes.[2][3][4]
What this application is
When building work needs a resource consent only because it breaks boundary rules, such as how close it is to a boundary or its height in relation to a boundary, and no other planning rules are broken, the owner may be able to ask the council for a deemed permitted boundary activity notice instead. Work that breaks other rules, such as earthworks, building height or site coverage, goes through the standard resource consent process. Section 87BA of the Resource Management Act 1991 requires each owner of land with an infringed boundary to give written approval and sign the plan.[1][5][6][7]
The process cannot be used when the work is close to a public boundary, such as a public road or walkway, a reserve, a stream, river or lake, or the coast. A building consent may still be needed.[1]
A notice lapses five years after its date unless the activity it permits is given effect to.[7]
What neighbours can do
Auckland Council's form says signing is voluntary and a neighbour does not need to give reasons. If a neighbour does not sign, it says the owner may need to apply for a resource consent instead.[8]
Auckland Council's form says conditional approvals cannot be accepted and an approval cannot be withdrawn once given. It tells neighbours to sign only if they fully understand the proposal, and the signer confirms they have signed each page of the plans.[8]
Auckland Council's form says a neighbour who wants the process explained can contact the council's customer service team.[8]
Notification
Auckland Council says its decision on an application for one of these notices cannot be appealed or objected to. A neighbour's choice is whether to sign the written approval.[1][8]
In Auckland
Auckland Council says it processes these applications in 10 working days. If the information is incomplete, it says what is missing and the applicant has to lodge it again.[1]
If the boundary is next to a driveway, Auckland Council says approval is needed from the neighbour on the other side of the driveway.[1]
Auckland Council's form says the information on it is held on a public register and may be made available on the council's website.[8]
In Wellington City
Wellington City Council says an applicant may be able to apply for this process when the only District Plan rules a home build or extension infringes are boundary rules, such as the building recession plane, and none of the infringed boundaries are public boundaries. It says the process takes 10 working days once a complete application and the fee have been submitted.[5]
Read the council's own guidance
- Apply for a Deemed Permitted Boundary Activity Notice, Auckland Council
- Form 8B: Written approval for deemed permitted boundary activity, Auckland Council
- Boundary activities, Wellington City Council
- Resource Management Act 1991, section 87AAB: Meaning of boundary activity and related terms, New Zealand Legislation (Parliamentary Counsel Office)
- Resource Management Act 1991, section 87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities, New Zealand Legislation (Parliamentary Counsel Office)
Sources
- Apply for a Deemed Permitted Boundary Activity Notice, Auckland Council (accessed 2026-10-12)
- Planning Act 2026, Schedule 1 (transitional, savings, and related provisions), clauses 3, 18 and 19, New Zealand Legislation (Parliamentary Counsel Office) (accessed 2026-10-12)
- Planning Bill and Natural Environment Bill pass Third Reading, Ministry for Cities, Environment, Regions and Transport (accessed 2026-10-12)
- The Planning Act 2026 and Natural Environment Act 2026 are in force: What you need to know now, MinterEllison (accessed 2026-10-12)
- Boundary activities, Wellington City Council (accessed 2026-10-12)
- Resource Management Act 1991, section 87AAB: Meaning of boundary activity and related terms, New Zealand Legislation (Parliamentary Counsel Office) (accessed 2026-10-12)
- Resource Management Act 1991, section 87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities, New Zealand Legislation (Parliamentary Counsel Office) (accessed 2026-10-12)
- Form 8B: Written approval for deemed permitted boundary activity, Auckland Council (accessed 2026-10-12)