What happens when MBIE changes the rules after your renovation is already finished.
A client was preparing to sell her home at auction.
During the sale process, a question arose about the tiled shower renovation she had recently completed.
The work had been carried out under Schedule 1 of the Building Act — meaning no building consent was obtained — on the basis that the work was exempt.
Both the installation and completion of the shower work took place after the late October 2025 MBIE guidance change.
That change removed the wording in the Schedule 1 guidance that previously stated Exemption 12 could not be used for wet area showers.
No new clause was added.
The line was simply deleted from the document history.
Because the work was started and completed after the guidance change, the timing question that often complicates these situations did not apply here.
The current guidance was in effect for the entire duration of the project.
The removal of the wording does not mean tiled showers are now unregulated.
It means the automatic "consent required" warning was taken out.
Tiled showers can still constitute Restricted Building Work because they affect structure and weathertightness.
That means:
The critical issue in practice is proof.
Even if exempt from consent, the work must still meet the relevant Building Code clauses and licensing requirements.
The exemption does not remove the obligation — it removes the consent process.
Because the work was completed after the guidance change, we were able to build a strong position for our client.
We connected her with a Licensed Building Practitioner who reviewed the completed work and was able to confirm that:
The LBP provided written sign-off confirming the work met the required standards.
This gave our client — and any prospective purchaser — a clear, independent, professional confirmation that the shower renovation was compliant.
With the LBP sign-off in hand, we were able to include comprehensive disclosure in the auction documentation.
This included:
This was significantly stronger than a disclosure-only approach.
Rather than leaving purchasers to complete their own investigations into the shower work, we were able to present them with independent professional confirmation that the work was compliant.
The auction proceeded with confidence on both sides.
If your client has completed a tiled shower renovation without building consent after the October 2025 guidance change, here is how to strengthen their position before sale:
The more evidence available, the stronger the resale position.
A lawyer can then structure the disclosure appropriately for the sale method — whether that is auction, tender, or negotiation.
Important:
We do not provide building advice.
Any technical position on consent exemptions should be confirmed with MBIE or a suitably qualified building professional.
The above is legal context only.
✔ The October 2025 MBIE guidance change removed the line that said tiled showers required consent — but the work must still comply with the Building Code.
✔ If the work was started and completed after the guidance change, the timing ambiguity does not apply.
✔ An LBP can review completed work and provide written sign-off confirming compliance — this is the strongest position for resale.
✔ Comprehensive disclosure with LBP sign-off gives purchasers confidence and allows auctions to proceed smoothly.
✔ Confirm exemption status with MBIE or an LBP — not your lawyer.
