The Tiled Shower Dilemma: When Do You Actually Need Consent?

Part of the confusion haunting New Zealand’s DIYers and renovators regarding walk-in and tiled showers comes from a legal paradox: different official sources describe the same issue from different angles—and all of them are technically correct. This lack of clarity often leads homeowners into a "compliance trap" where they believe they are following the rules, only to face thousands of dollars in structural repairs later.

This tension between legal exemptions and practical failures was thrust into the spotlight by a recent determination (2024/054). The case centered on two tiled showers installed in an existing home without building consent. When water damage was later discovered, the question was simple: should the council have stepped in to prevent the catastrophe?

The outcome was quite surprising to many in the industry and serves as the starting point for understanding the current rules. The determination found that, in this specific case, the installation of the tiled showers, including the wet-area membrane, fell within Schedule 1 exemptions of the Building Act 2004. Specifically, it was classed as an exemption for "internal linings and finishes in an existing dwelling." Legally, the owner was within their rights to proceed without a building consent, yet this "legal" path led directly to a structural disaster. While the work was exempt from the process of a building consent, it was never exempt from the Building Code. The determination found that both showers failed to comply with Clause E3 (Internal Moisture). Cracking grout had allowed water to seep into concealed spaces, rotting the framing and flooring beneath. In a move that aligns the rules with this 2024 ruling, the newly released Sixth Edition (2026) of the MBIE guidance for exempt building work has officially removed a long-standing barrier. Previously, officials explicitly advised that "Exemption 12" (internal linings) could not be used for wet-area showers. That advice is now gone, acknowledging that wall linings and membranes in existing homes can proceed without a council inspector. However, this newfound freedom only applies to the "finishes," and as soon as a homeowner looks toward the floor, the "consent line" shifts once again. The distinction between these exempt walls and the high-risk floors is where councils, such as Auckland Council, draw their battle lines. While the government has relaxed guidance on linings, the Council continues to signal that a building consent is generally required for the installation of a full tiled wet-area shower. Their position is a risk-based response to the very structural failures seen in the 2024 determination. "Tiled showers involve critical building work beyond sanitary plumbing," the Council warns, noting that once a shower becomes "walk-in" or "level-entry," the work moves beyond mere linings and into the "bones" of the house. Achieving a seamless walk-in look usually requires "structural intervention," such as trimming or notching floor joists or forming new screeds to create the necessary slope. At this point, the work is no longer an "internal finish" but a structural modification, which is strictly not exempt. This is why a homeowner might legally tile their walls without a permit, yet find themselves in breach of the law the moment they touch the floor structure to create that coveted level-entry finish. Ultimately, the message for New Zealand homeowners is that design choices drive legal requirements. A change in wall finish might be an exempt DIY project, but the structural complexity of a tiled floor or a walk-in entry remains a high-stakes gamble.