Code of Compliance Certificates & Certificates of Acceptance

After the final inspection has been passed, you will need to formally apply for a Code Compliance Certificate on the form that will be posted to you. A Code Compliance Certificate means that the building work complies with the Building Code and the Building Consent.


Applying for a Code Compliance Certificate

When you apply for your Code Compliance Certificate, you may be required to supply supporting documentation, such as energy work certificates or PS4 (engineer’s producer statement), before the certificate can be issued.

Council may be unable to issue the Code Compliance Certificate if any of the required inspections have been missed or the required producer statements cannot be provided. Without a Code Compliance Certificate you may experience difficulties insuring your property or selling it in the future.

A review of the fees paid for inspections will be made when the Code Compliance Certificate has been approved for issue. The Code Compliance Certificate will not be issued if there are any unpaid fees, and/or any other outstanding charges.


Processing applications for Code Compliance Certificates

The Building Act requires Council to process your application for a Code Compliance Certificate within twenty (20) working days. The “clock” starts when Council receives your application. As with Building Consent applications, the “clock” will stop if your application is suspended awaiting additional inspections, documentation or fees and will restart when the issue has been resolved.

If an application for a Code Compliance Certificate has not been received within two (2) years after the Building Consent was issued, the Council is obliged to decide whether or not to issue the Code Compliance Certificate. An extension of time may be requested by completing the application for an extension of time, if you need assistance to complete the application, please refer to the following guide.

An extension of time may be issued at the Council's discretion, either to issue a Code Compliance Certificate or to extend the time to start works. In some circumstances we may refuse to issue a Code Compliance Certificate; for example, if an extension of time to complete is not granted, if the work is not complete or does not comply with the building code, or if you fail to supply the required documentation.

What is a Compliance Schedule?
A Compliance Schedule is a document issued by Council for a public and commercial building if it contains any specified systems, i.e. automatic doors or emergency lighting. The Compliance Schedule will contain the systems and features including the inspection, maintenance and reporting procedures needed to keep them in good working order. A single household unit will require a Compliance Schedule only if it contains or is serviced by a cable car. A Compliance Schedule must be kept on site and made available to Council officers, and/or authorised agents during business hours. The specified systems are listed in Schedule 1, Building Regulations 2005.

What is a Compliance Schedule Statement?
A Compliance Schedule Statement is issued by Council as a temporary public notification of Compliance Schedule requirements and is to be replaced in 12 months time and annually thereafter by a Building Warrant of Fitness.


Certificate of Acceptance

There is a common misconception that applying for a Certificate of Acceptance as provided for in sections 96-99 of the Building Act 2004 (the Act) will result in an owner being issued with a Certificate that has similar status to a Code Compliance Certificate issued under sections 91 – 95 of the Act. This is not the case.

A Certificate of Acceptance, if issued, is likely to cover only limited aspects of the building work undertaken.

CERTIFICATES OF ACCEPTANCE MAY BE APPLIED FOR:

  1. Where building work undertaken after 1 January 1993 required a building consent but one was not obtained.
  2. Where a building consent was approved by a Building Consent Authority other than this Council e.g. Private Certifiers and a CCC has not been issued.
  3. Where urgent building work as defined in section 41 (1) of the act has been completed without a building consent. Urgent work means work that is "for the purpose of saving or protecting life or health or preventing serious damage to property or ensuring a specified system is made safe". In the case of urgent work the owner must apply for a Certificate of Acceptance "as soon as practicable after completion of the building work".

Once building work is completed we are often unable to undertake all the types of inspections carried out during construction. It may not therefore be possible to establish if all building code requirements have been met. Therefore, Certificates of Acceptance issued are limited and "qualified to the effect that only parts (if any) of the building work were able to be verified as complying with the building code".

Consequently, Council’s liability extends only to those aspects of the building work we are satisfied comply with the building code.

AN APPLICATION FOR A CERTIFICATE OF ACCEPTANCE WILL NOT BE ACCEPTED WHERE:

  1. The work was completed before 1 January 1993 (effective date, the Building Act 1991).
  2. This Council has issued a building consent for the building work in question but a CCC has not been issued (specifically excluded by the Act).
  3. There is insufficient information about the project to enable the building work to be assessed.

An application for a Certificate of Acceptance may not always be the best or most economic option when Council have declined to issue a Code Compliance Certificate (CCC) where a "private certifier" approved the building consent, undertook inspections but did not issue a CCC.

In such cases, an application to the Ministry of Business, Innovation and Employment (MBIE) for a determination may be a more appropriate process. Please refer to MBIE Determination information to assist you to decide on this.