MBIE Determination Allows Poly Water Tanks on Boundaries Without Setback

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Many homeowners and developers who want to install poly water tanks on their properties face a common challenge: how to comply with the Building Code requirements for fire safety.  

According to Clause C3.6 and C3.7 of the Building Code, buildings must have features that prevent fire from spreading to other properties or endangering people. This includes having a minimum distance between the building and the relevant boundary or having fire-resistant construction or protection. 

However, some consenting authorities have interpreted these requirements to apply to poly water tanks as well, even if they are not part of the building structure. This means that some consenting officers would not allow a poly water tank to be installed within 1m of the boundary, arguing that it could pose a fire hazard or compromise the fire separation distance. This is particularly difficult for detention tanks in tight subdivisions where there is no space to set the tank 1m back from the boundary. 

To resolve this issue, a determination was applied for from the Ministry of Business, Innovation and Employment (MBIE) in relation to a site with a poly tank specified within 1m of the boundary. A determination is a legally binding decision made by MBIE on matters of doubt or dispute about the Building Code compliance of a specific building project. 

MBIE have released the determination and concluded the following: 

'In accordance with section 188 of the Building Act 2004, I determine the stormwater tank near the boundary of the property is not required to comply with clauses C3.6 and C3.7 of Clause C3 Fire affecting areas beyond the fire source.' 

What does this mean? 

This means that poly water tanks can be installed directly on a boundary without a setback, without consent issues going forward. MBIE found that the risk of fire spread from a poly water tank to another property is very low, and that the tank does not form part of the building envelope or affect the fire separation distance. MBIE also noted that the tank is designed to withstand the effects of weathering and UV radiation, and that it has a self-venting lid that would release any pressure build-up in case of fire. 

This determination sets a precedent for future applications involving poly water tanks near boundaries, and provides clarity and consistency for homeowners, developers, and consenting authorities. It also supports the use of water tanks as a sustainable and efficient way of managing stormwater runoff and reducing the demand on the public water supply.  

It is important to note that this determination is specifically in relation to building consent. Some local councils may have a unitary plan requirement for the tank to have a setback due to aesthetic reasons. This determination does not override local council planning rules but is specifically in relation to Building Code Clause. 

Are you a Promax customer looking to install a poly water tank on your boundary? Take advantage of the recent determination by MBIE and install your tank directly without a setback.  

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Contact us today to learn more about our range of poly water tanks and how we can help you manage your stormwater runoff sustainably and efficiently. 

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