Outdoor Fireplace Consent Requirements by Region

Working out whether you need consent for an outdoor fireplace in New Zealand comes down to three sets of rules that apply at once.

Building consent decides whether you can build it. Your regional council decides whether the smoke is allowed. Fire and Emergency New Zealand decides whether you can light it today. When those rules overlap, the strictest one wins. Here's how it stacks up, council by council.

Building consent: the national baseline

A permanent outdoor fireplace usually doesn't need building consent, as long as it meets all of the national exemption criteria:

• Sits on the ground and isn't covered by a roof or wall
• Is no taller than 2.5 meters
• Has a cooking or fire surface no bigger than 1 square meter
• Sits at least 1 meter from any legal boundary or building
• Disposes of smoke without creating a nuisance

Go taller than 2.5 meters or attach it to a house or shed, and consent applies again. Some of our fireplaces sit just over that 2.5-metre line, so it's worth checking where yours lands. The full criteria are set out in MBIE's guidance on permanent outdoor fireplaces and ovens.

Canterbury

Short answer: a fireplace used for cooking is allowed year-round, even inside a Clean Air Zone, as long as the smoke isn't offensive or objectionable beyond your boundary.

Environment Canterbury bases its rules on property size rather than town versus country. On properties under two hectares, you generally can't burn outdoors at all, and a $300 fine can apply.

Outdoor cooking is the exception. BBQs, pizza ovens, hāngī and umu are all fine, and a fireplace with a cooking grill counts as a cooking structure, so it's usable all year.

Burning green waste is treated separately and needs resource consent. See Environment Canterbury outdoor burning for the current wording.

Auckland

Short answer: open fires are banned across urban Auckland, but outdoor fireplaces used for cooking or heating are allowed.

Auckland Council prohibits open fires on all residential and business land. That's a separate matter from the indoor home heating rules you may have read about (the ones covering wood burners inside the house), so it's easy to get the two tangled. For outdoor fires, what counts is whether the fire is for cooking or heating, what you're burning, and whether the smoke is offensive or objectionable beyond your boundary.

On that basis, cooking and heating fires are fine, including pizza ovens, BBQs, hāngī, umu and permanent outdoor fireplaces. Keep yours at least 1 meter from anything combustible, don't burn rubbish or garden waste, and note that tighter rules apply again on Hauraki Gulf islands and in regional parks.

The details are on Auckland Council's outdoor fires page.

Wellington

Short answer: Wellington has no Clean Air Zones for outdoor fires. The main rule is simply that your fireplace shouldn't create a smoke nuisance.

Greater Wellington focuses on home heating emissions rather than seasonal outdoor bans, and sets rules for what you're allowed to burn under its Natural Resources Plan.

Day-to-day, smoke nuisance is handled by your city or district council under the Health Act. Wellington City's Fire and Smoke Nuisance Bylaw is one example. An outdoor fireplace for cooking or heating is generally fine, provided the smoke burns clean and stays clear of the neighbours.

If a neighbour's fire is bothering you, the Wellington City smoke from fires page shows how it's dealt with.

Taranaki

Short answer: outdoor fireplaces used for cooking or heating are allowed, even where backyard rubbish burning is banned.

Taranaki Regional Council bans backyard burning of rubbish and green waste on urban properties under 5,000 square meters that have a weekly rubbish collection, under Rule 34 of the Regional Air Quality Plan.

That ban doesn't touch cooking or heating fires, so BBQs, hāngī, chimineas and braziers are all fine. Your fireplace just can't become a nuisance from smoke, odour, ash or fumes, and if the weather turns you'll need to put it out.

More details can be found on the Taranaki Regional Council backyard burning page.

Otago

Short answer: in Otago's Air Zones 1 and 2, outdoor fires must sit at least 50 meters from any boundary, which rules out most urban sections.

Otago Regional Council treats braziers, outdoor fireplaces, campfires, bonfires and hāngī as outdoor burning. In the stricter Air Zones, a solid-fuel fire has to be 50 meters from every boundary, and anything closer needs resource consent, so most town properties simply can't meet it.

Cooking structures tend to be viewed more favourably, but because fireplaces fall under the burning rules here, it's worth checking directly with ORC before you install. Outside the Air Zones, you have more freedom, provided you burn only dry, untreated material and keep smoke off the neighbours.

See Otago Regional Council outdoor burning for the full picture.

Fire and Emergency New Zealand

Whatever your region allows, Fire and Emergency NZ has the final word, and its rules sit entirely separately from your council's. It runs three fire seasons: open (light away, no permit needed), restricted (you'll need a fire permit), and prohibited (a total fire ban).

Even with building consent and council approval, a fire permit can require your fireplace to sit 3 meters from boundaries, buildings and hedges. Fire and Emergency's guide to permanent outdoor fires covers the clearances in more detail.

Getting it right

For most people it lands in the same place: a fireplace used for cooking or heating, burning clean and not bothering the neighbours, is welcome almost everywhere in New Zealand.

Every section is a little different, and lining up three sets of rules can be fiddly. Talk to the Trendz team, and we'll help you sort the consent side before you buy or build.

FAQs

Do I need consent for an outdoor fireplace?

Usually not, if it meets the national exemption: on the ground, no roof or wall, under 2.5 meters, cooking or fire surface under 1 square meter, at least 1 meter from any boundary or building, and no nuisance smoke. You still need to follow your regional council and Fire and Emergency NZ rules before you install or use it.

How far from the house does it need to be?

At least 1 meter under the national building exemption. A Fire and Emergency NZ fire permit can push that to 3 meters, and Otago's Air Zones can require 50 meters from any boundary, so location and fire season matter as much as the number.

How big can an outdoor fireplace be without building consent?

Under the national exemption, no more than 2.5 meters high with a cooking or fire surface no larger than 1 square meter. Go bigger than that, or miss any of the other exemption conditions, and building consent may be required.

Do I need a fire permit for an outdoor fireplace?

It depends on the fire season, your location and the type of fireplace. Fire and Emergency NZ runs open, restricted and prohibited fire seasons, so check the current season and permit requirements through Check It's Alright before you light.

Can I use it in a Clean Air Zone?

Generally yes, if it's used for cooking and the smoke doesn't cross your boundary. Some Clean Air Zones restrict outdoor burning in certain months but still allow cooking fires, so check your regional council's current rules first.