Retaining Walls & Schedule 1: A Common Consent Mistake You Can Avoid

Under the New Zealand Building Act, most building work requires a building consent. However, Schedule 1 of the Act lists certain types of work that are exempt, meaning they can be built without applying for a building consent, provided they meet specific conditions.

For retaining walls, Schedule 1 is often misunderstood. Many people assume that any wall under 1.5 metres automatically qualifies as exempt. In reality, this exemption only applies if strict criteria are met and getting it wrong can result in RFIs, delays, or compliance issues later.

It’s also important to remember that even if a wall does not require consent, the work must still comply with the New Zealand Building Code.

Why Some Retaining Walls Are Exempt

Schedule 1 recognises that small-scale retaining walls can often be constructed safely without formal oversight. To qualify:

• In urban areas, a wall can be built without consent if it is no more than 1.5m high and is not supporting surcharge loads such as fences, driveways, or structures. The wall must also include appropriate drainage to deal with groundwater.
• In rural areas, the exemption increases to 3.0m, but only if the wall is not close to a building or driveway, and the design is carried out or reviewed by a Chartered Professional Engineer (CPEng).

Anything outside these limits requires building consent.

What is Surcharge and Why Does it Matter?

A retaining wall is only exempt under Schedule 1 if it does not carry any additional load or surcharge. Surcharge refers to any extra weight or pressure acting on the soil behind the wall beyond the soil’s natural condition.

Common surcharge examples include:

• Vehicle driveways and parking areas
• Swimming pools
• Buildings or structures
• Other retaining walls above
• Fences or heavy landscaping
• Sloping ground above the top of the wall

Even when there is no obvious load above a wall, some councils take a conservative approach and apply a nominal surcharge by default. Because Schedule 1 does not permit any surcharge, this alone can disqualify the wall from exemption.

This is why boundary walls, or walls supporting driveways, are almost never exempt.

When Not to Include a Schedule 1 Wall in Consent Plans

If your wall truly qualifies under Schedule 1, it’s best not to include it in your consent drawings. It may seem helpful to show the wall, but once it appears on the plans, the council must assess it as part of the application. That often triggers RFIs such as “Please proivde the design of the retaining wall as shown on sheet S105”, adding time and cost that could have been avoided.

Why This Matters

• Misunderstandings create RFIs, which slow down processing and cost money.
• Incorrectly assumed exemptions can cause compliance issues, possibly resulting in a certificate of acceptance or notice to fix.
• Getting it right upfront means fewer delays, lower costs, and smoother approvals.

How We Can Help

At Structural Engineering Solutions, we’ve seen first-hand how small mistakes around Schedule 1 lead to big delays. With our background, we understand how exemptions are interpreted in practice and how to prepare applications that avoid unnecessary RFIs.

If you’re unsure whether your retaining wall qualifies under Schedule 1, talk to us first. We’ll give you clear guidance so you can plan with confidence and keep your project moving.

Have a project coming up? Get in touch—we’ll help you get it right from the start.