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This section will help you understand what is required and help you make sure your premises comply with the Education (Early Childhood Services) Regulations 2008 and centre-based education and care service licensing criteria.

Choosing a site#

The regulations require your premises to be:

  • on a single site
  • for the exclusive use of the education and care service.

Land and buildings that are part of the service must be next to each other and connected so children can safely access them. The use of the premises as a centre must comply with the Resource Management Act 1991.

Noise, air quality, traffic, surrounding use of properties and soil contamination are some of the important elements to think about.

Checklist for choosing your premises#

Use our checklist for choosing your premises as a starting point to help you identify these elements. It has details about:

  • what to look for in indoor and outdoor spaces
  • district plans and the Resource Management Act
  • noise and health risks or issues
  • areas that work well together
  • added complexities with high-rise buildings.

Checklist for choosing a site and building a new service

Licensing criteria#

See the licensing criteria for premises and facilities to help inform your decisions.

Premises and facilities

Land information memorandum (LIM) report#

When you are thinking about buying land or buildings, it’s worth asking the local city or district council for a LIM. The LIM gives you council information about the land, including what the district plan allows it to be used for.

Resource consent allows a person or group to operate a licensed centre on a premises. The environmental effects of having an early childhood service in the neighbourhood will be considered before resource consent is granted. 

Sometimes resource consent has to be publicly notified. Consents can be declined or have conditions attached. For example, the conditions may say that a higher fence or off-street parking are required.

Before deciding the location and designing your service, find out about resource consent. If conditions attached to your resource consent limit the full operation of your early childhood service, you may not meet licensing requirements. An example is a condition that puts limitations on the times the outdoor area can be used.

See the Building Act compliance licensing criterion for information about complying with local authority bylaws.

PF102 Building Act compliance

Talk to your council about the resource consent process in your area. Council officials can:

  • help you work out whether you will need a resource consent
  • explain how to go about talking with people who might be affected by your project
  • explain how to prepare an assessment of environmental effects – they might also tell you to visit your regional council
  • process your consent.

See advice from the Ministry for the Environment about the resource consent process.

Getting involved in the resource consent process – Ministry for the Environment

Applying for a resource consent - Ministry for the Environment

The time for councils to process resource consent applications is set by the Resource Management Act 1991.

  • Non-notified consent (no hearing) – 20 working days.
  • Non-notified consent (with hearing) – 50 working days.
  • Non-notified fast track consent (district land-use consent with controlled activity status) – 10 working days.
  • Limited notified consent (with hearing) – 100 working days.
  • Limited notified consent (no hearing) 60 working days.
  • Publicly notified consent (with hearing) 130 working days.
  • Publicly notified consent (no hearing) 60 working days.

These times are indicative and will vary if councils need to request further information or approvals.

The cost of resource consent varies depending on your location and the amount of work your particular circumstances will require. Check with your council.

Common resource management issues#

Noise and your neighbours#

Your outdoor play space might create noise that affects nearby neighbours. Because of this, you may need a special environmental noise assessment as part of your resource consent.

If you do need a special environmental noise assessment, ask the assessor to look at both:

  • how the play space might affect your neighbours, and 
  • how the surrounding environment might affect the play space – this is especially important if your site is near a busy road, railway lines, wind turbines or in an airport noise corridor.

Off-street parking#

Some local governments require there to be 1 car park for each staff member and 1 for every 10 children. Requirements may depend on availability of parking in the general area.

Drop-off and pick-up areas#

It is a good idea to have parking space for parents to drop off and pick up children at the front of the centre. It's also a good idea to put a gate (like a swimming pool gate) between the car park and the centre. 

If parking is required, mobility spaces will need to be designated.

Building code#

Anyone building a new centre or carrying out alterations must get a building consent before work starts. Plans are reviewed by building consent authorities (BCA), usually your local council, to make sure building work will comply with the building code. When the BCA is satisfied, it will issue a building consent for building work to proceed.

Code compliance certificate#

A code compliance certificate, issued after a BCA inspection, confirms that the building work that has been carried out complies with the building consent. 

Code compliance makes sure the centre complies with the Building Act 2004.

Building Act 2004 – New Zealand Legislation

A code compliance certificate needs to be submitted with your licence application as evidence your building complies with the Building Act 2004. The Local Government New Zealand (LGNZ) website has a list of councils.

Council websites and maps – LGNZ

Compliance schedule and building warrant of fitness#

A building (except a single residential building) with any fire safety systems such as alarms, or other specified systems such as lifts, must have a compliance schedule and annual warrant of fitness under the Building Act 2004. 

The building owner is responsible for obtaining the compliance schedule and annual warrant of fitness and making sure all necessary inspections, maintenance and reporting are done.

A compliance schedule sets out the required inspection, maintenance and reporting systems for the equipment. 

A copy of the compliance schedule issued by your local council must be submitted with your early childhood service licence application. If one is not required, the Ministry of Education will need confirmation of this.

If your premises requires an annual building warrant of fitness issued under section 108 of the Building Act 2004 it must be on public display in the building.

Section 108 of the Building Act 2004 – New Zealand Legislation

A warrant of fitness will be issued every 12 months. You do not need to send in a copy of this document with your licence application. It will be sighted during the licensing assessment visit.

Disabled persons' access#

New buildings used by the public must have suitable access and facilities for disabled people under the Building Act 2004. 

The Building Act specifically includes:

  • childcare centres and kindergartens
  • daycare centres and facilities.

If significant alterations to existing buildings are being made, access and facilities for disabled people must be included.

The Building Performance website has information about designing buildings for access and usability.

Designing for access and usability – Building Performance 

See the Building Act compliance licensing criteria.

PF102 Building Act compliance

Centres above the ground floor#

Centres located above the ground floor face extra challenges to meet regulations and licensing criteria.

Outdoor space must be directly connected to the indoor activity space and can be easily and safely accessed by children.

Fire and Emergency New Zealand (FENZ), the National Public Health Service in your region and the Ministry of Education should be consulted in the early stages of planning. This is so issues relating to access to outdoor play areas, evacuation plans and other safety and quality considerations can be discussed – and solutions identified – before renovation or building begins.

You should consider higher fencing where there are major hazards (such as a fall from a building). Consider building fencing at least 1.8 metres high. Solid fencing will reduce noise. Windows in solid fences can be built to create interest for children and let in light.

You need to take particular care in developing evacuation procedures for centres above ground level.

FENZ has information about evacuation schemes.

Evacuation schemes – Fire and Emergency New Zealand

Download our specific guidance for services located in high rise buildings.