The information below is designed to help building owners and managers understand their responsibilities under the Building Act 2004. It is particularly important if you are the owner of a commercial, industrial or communal building.
The Building Act 2004 also outlines what Council does to enforce provisions (laws) to protect public health and safety.
Council's principle aim is to educate/monitor and work with owners/managers to ensure aims of the Building Act 2004 are maintained before enforcing penalties.
||Building Consent Authority
||Building Warrant of Fitness
||Code Compliance Certificate
||Compliance Schedule Statement
||Independent Qualified Person
||Licensed Building Practitioner
||Ministry of Building, Innovation & Employment
||Notice to Fix
||New Zealand Building Code or Building Code or Code
What is a Compliance Schedule?
A Compliance Schedule is an inventory of a building’s specified systems issued by the Council.
The Compliance Schedule specifies:
Inspection, testing and maintenance procedures; and
the frequency of inspections and who should perform those inspections.
What is a Building Warrant of Fitness?
A Building Warrant of Fitness (BWOF) must be renewed annually.
A BWOF verifies the inspection, maintenance and reporting procedures for all the specified systems within a building have been carried out in accordance with the Compliance Schedule for the previous 12 months. It is the owner’s responsibility to have the BWOF completed annually.
The owner must then display a copy of the BWOF in a place in the building where it can be seen and the public have access.
Download Form 12 BWOF.
What is an IQP?
Independent qualified person (IQP) are system specialists.
An IQP is a person registered by the Council to inspect certain Compliance Schedule items and ensure they meet performance standards. ‘Independent’ means the person has no financial interest in the building they are auditing.
A list of approved IQP's is available by contacting our Customer Services Team on 06 374 4080 (north) or 06 376 0110 (south).
How IQPs and Compliance Firms can help you
You cannot issue a BWOF without getting the annual IQP checks completed and a certificate (known as a Form 12A) signed off.
An IQP firm or Compliance Company can act as your agent to help out with the paper work. They will co-ordinate all the specialist IQPs, collect the paper work and issue the BWOF, as well as deal with Council for you.
What is a Form 12?
Form 12A is a form issued by the owner annually to verify the inspection, maintenance and reporting procedures on a Compliance Schedule for a specified system have been carried out during the previous 12 months - enabling the BWOF to be reissued by owner/owner’s agent.
The owner’s responsibility
The building owner must:
Engage IQPs registered with Tararua District Council.
Make sure any owner inspections are done by tenants, staff or yourself. Specialist inspections must be done by an IQP.
If your building is vacant, all inspections as per the Compliance Schedule are still required.
Keep the Compliance Schedule and all records in the place assigned by Council.
Keep all records for at least two years.
For a new Compliance Schedule e.g. new building. Every year after that you must:
Please send BWOF and IQP Certificates (Form 12As) to Council either by emailing a copy to email@example.com or sending a hardcopy to:
Tararua District Council
PO Box 115
Tenants and the owner
The building owner’s responsibilities are clear, whether or not the building is tenanted by others. The owner, however, can delegate those responsibilities to an employee of the owner or to someone else under a contract or a lease. Tenants could also be liable if they breach the Act.
An owner, and anyone acting on the owner’s behalf in signing a BWOF, is liable for making any false statement in the BWOF.
Building owners should be aware Council may undertake random audits of a building for which a Compliance Schedule has been issued, and the specified systems in the building under Section 111 of the Building Act 2004, and may charge a fee for an inspection under this section.
Applying for, or amending a Compliance Schedule
Installation, alteration or removal of a specified system requires a Building Consent, if the system is existing please talk to a Council Building Officer.
The Building Act 2004 contains a number of provisions to protect public health and safety that are important for building owners and managers. There are a range of penalties for failing to comply with these provisions.
If you require further information regarding Compliance Schedules & Building Warrant of Fitness, please feel free to contact us on 06 374 4080 (north) or 06 376 0110 (south), or you can send us an email.