Building (Exempt Roof-mounted Solar Panel Arrays and Building Work) Order 2025
Building (Exempt Roof-mounted Solar Panel Arrays and Building Work) Order 2025
Building (Exempt Roof-mounted Solar Panel Arrays and Building Work) Order 2025
2025/216

Building (Exempt Roof-mounted Solar Panel Arrays and Building Work) Order 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 22nd day of September 2025
Present:
Her Excellency the Governor-General in Council
This order is made under section 41(2) of the Building Act 2004 on the advice and with the consent of the Executive Council.
Contents
Order
1 Title
This order is the Building (Exempt Roof-mounted Solar Panel Arrays and Building Work) Order 2025.
2 Commencement
This order comes into force on 23 October 2025.
3 Principal Act
The order amends the Building Act 2004.
Amendments relating to setback condition for certain types of single-storey detached buildings
4 Schedule 1 amended
(1)
In Schedule 1, repeal clause 3(2).
(2)
In Schedule 1, replace clause 3A(2) with:
(2)
However, subclause (1) does not include building work in connection with a building that is closer than 1 metre to any residential building or to any legal boundary.
(3)
In Schedule 1, replace clause 3B(2) with:
(2)
However, subclause (1) does not include building work in connection with a building that is closer than 1 metre to any residential building or to any legal boundary.
(4)
In Schedule 1, replace clause 43(2) with:
(2)
However, subclause (1) does not include building work in connection with a building that is closer than 1 metre to any residential building or to any legal boundary.
Amendments relating to new exemptions for roof-mounted solar panel arrays
5 Schedule 1 amended
(1)
In Schedule 1, after clause 28C, insert:
28D Roof-mounted solar panel arrays of less than 40 square metres
Building work in connection with 1 or more solar panel arrays mounted on a roof if—
(a)
the array does not, or, if there is more than 1 array mounted on the roof, the arrays in total area do not, exceed 40 square metres; and
(b)
the array is, or, if there is more than 1 array mounted on the roof, the arrays are each, supported by a frame or structure; and
(c)
the frame or structure is attached to the roof with structural fixings; and
(d)
either—
(i)
the design wind speeds do not exceed 44 metres per second (calculated using Verification Method B1/VM1); or
(ii)
the array is located in a wind zone no greater than high (as defined in Acceptable Solution B1/AS1).
(2)
In Schedule 1, after clause 48, insert:
48A Roof-mounted solar panel arrays of more than 40 square metres or where design wind speeds exceed 44 metres per second
Building work in connection with 1 or more solar panel arrays mounted on a roof if—
(a)
the array is, or, if there is more than 1 array mounted on the roof, the arrays are each, supported by a frame or structure; and
(b)
the frame or structure is attached to the roof with structural fixings; and
(c)
either—
(i)
the array exceeds, or, if there is more than 1 array mounted on the roof, the arrays in total area exceed, 40 square metres; or
(ii)
the design wind speeds exceed 44 metres per second (calculated using Verification Method B1/VM1).
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order but is intended to indicate its general effect.
This order, which comes into force on 23 October 2025, amends Schedule 1 of the Building Act 2004. Schedule 1 is divided into 3 Parts and contains categories of building work for which a building consent is not required. Part 1 of Schedule 1 relates to general exempted building work. Part 3 of Schedule 1 relates to building work for which the design is carried out or reviewed by a chartered professional engineer.
Amendments relating to setback condition for certain types of single-storey detached buildings
Schedule 1 includes 4 types of single-storey detached buildings with a floor area not exceeding 30 square metres (such as a garden shed, sleep-out, or garage). The building consent exemption for each of those types of buildings is conditional on a number of matters, including a condition specifying how far the building must be located from any residential building or legal boundary (the setback condition). Currently, the setback condition specifies that the buildings must not be closer than the measure of their own height to any residential building or legal boundary.
This order removes the setback condition from Part 1 of Schedule 1 in relation to single-storey detached buildings not exceeding 10 square metres in floor area.
This order amends the setback condition in Parts 1 and 3 of Schedule 1 in relation to the other 3 types of single-storey detached building. The amended setback condition in each case is that the building must not be closer than 1 metre to any residential building or legal boundary.
Amendments relating to new exemptions for roof-mounted solar panel arrays
This order also adds to the existing list of building consent exemptions in Schedule 1.
The first new exemption is added to Part 1 of Schedule 1. The new exemption applies to building work in connection with 1 or more solar panel arrays mounted on a roof that are each supported by a frame or structure attached to the roof with structural fixings if—
the array does not, or, if there is more than 1, the arrays in total area do not, exceed 40 square metres in size; and
either—
the design wind speeds (calculated using Verification Method B1/VM1) do not exceed 44 metres per second; or
the array is located in a wind zone no greater than high (as defined in Acceptable Solution B1/AS1).
The second new exemption is added to Part 3 of Schedule 1. That exemption applies to 1 or more solar panel arrays mounted on a roof that are each supported by a frame or structure attached to the roof with structural fixings if—
the array exceeds, or, if there is more than 1 array, the arrays in total area exceed, 40 square metres; or
the design wind speeds (calculated using Verification Method B1/VM1) exceed 44 metres per second.
The effect of the new exemptions is that a building consent will no longer be required for the types of building work described. However, the building work must still comply with the building code as well as the other conditions set out in section 42A(2) of the Building Act 2004.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced regulatory impact statements on 3 April 2025 to help inform the decisions taken by the Government relating to the contents of this instrument.
Copies of these regulatory impact statement can be found at—
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 25 September 2025.
This order is administered by the Ministry of Business, Innovation, and Employment.