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Code compliance certificates (CCCs)

The code compliance certificate provisions under the Act came into force on 31 March 2005.

A code compliance certificate is a formal statement issued under section 95 of the Act, that building work carried out under a building consent complies with that building consent.

The Act introduces a number of changes surrounding the application for, and processing and issuing, of code compliance certificates. Major changes include that:

  • the code compliance certificate is issued if the building work complies with the building consent
  • only the building consent authority that granted the building consent can issue the code compliance certificate (unless an agreement is made)
  • at the expiry of 2 years from the date the consent was granted the building consent authority must decide on whether to issue a code compliance certificate. The decision must be made within 20 days of the expiry (or a further agreed period).
  • interim code compliance certificates can no longer be issued
  • it is an offence to use or permit the use of public premises affected by building work that has no code compliance certificate, certificate for public use or certificate of acceptance
  • it is an offence for a residential property developer to transfer a household unit without a code compliance certificate. This does not apply to contracts entered into prior to 30 November 2004.

When undertaking a final inspection for a code compliance certificate, a building consent authority will need to ensure the building consent documents accurately reflect the work on the site.

When undertaking a final inspection for a code compliance certificate, a building consent authority will need to ensure the building consent documents accurately reflect the work on the site.

Building consent authorities will need to be proactive in the way they manage issuing code compliance certificates. This will include establishing clear expectations with applicants who apply for a building consent, and developing a clearly documented and transparent process for managing code compliance certificates.

Building owners, occupiers or controllers will need to ensure any building work affecting public premises has a code compliance certificate, certificate for public use or certificate of acceptance before the part of the premises affected by the building work is used by members of the public.

Location in Building Act 2004 Description
Part 2 - Building
Subpart 3 - Building work Code compliance certificate, certificates of acceptance, and compliance schedules
Part 2, Subpart 5, sections 91-95.

See page 25 of the Building Officials’ Guide to the Building Act 2004 which contains a flowchart of the building compliance process.

Application for a code compliance certificate

When the application should be made

The owner must apply for a code compliance certificate after all work set out in the building consent approval has been completed. If no application is made before the expiry of 2 years from the date the building consent was granted, the building consent authority must decide whether to issue the code compliance certificate. The building consent authority and the owner can agree to extend the timeframe above.

Recommendation - The building consent authority should make clear to the applicant at the time the building consent is granted that:

  • the applicant has an obligation to apply for a code compliance certificate on completion of the building work
  • the building consent authority must decide within 2 years whether to issue the code compliance certificate.

Who to make the application to

The owner must apply to the building consent authority that granted the building consent for a code compliance certificate. However, an agreement can be made between the owner and another building consent authority for that building consent authority to issue the code compliance certificate.

What the application must include

This application must be on Form 6 from the Building (Forms) Regulations 2004. It must include generic information as well as the following.

  • Evidence of ownership (certificate of title, lease, sale and purchase agreement).
  • Details of authority from the owner if an agent of an owner applies for the code compliance certificate.
  • Details of the people who undertook the work, including registration numbers if applicable.

The Act requires this form to be accompanied by certificates relating to any gas fitting or prescribed electrical work (energy work) that has been carried out.

Licensed building practitioners’ certificates

From March 2012, when the licensed building practitioner scheme is in place, applications for code compliance certificates must include certificates issued by licensed building practitioners that state:

  • the restricted building work complies with the building consent
  • if applicable, any specified systems in the building to which the restricted work relates are capable of performing to the performance standards set out in the compliance schedule attached to the building consent.

Processing an application for a code compliance certificate

Processing time

The building consent authority has 20 working days in which to decide whether to issue the code compliance certificate, following either:

  • the application for a code compliance certificate, or
  • expiration of the 2-year or agreed period since the date the building consent was granted (if no application has been made).

If either party considers 20 working days to be insufficient time, the building consent authority and the owner may agree on a further period of time. The building consent authority must then decide whether to issue a code compliance certificate within the agreed time-frame.

Within the 20 working days or agreed period, the building consent authority can reasonably request further information about the application for a code compliance certificate. If this is the case, then the time period is suspended until the building consent authority receives that information.

Issuing a code compliance certificate

Who can issue

Only a building consent authority can issue a code compliance certificate. This building consent authority must have granted the building consent. Another building consent authority may issue a code compliance certificate, but only if both the owner and that building consent authority agree.

When to issue

Once any fees (including any development contribution owing) have been paid and all matters for consideration outlined below have been considered, the building consent authority must issue a code compliance certificate on form 7 of the Building (Forms) Regulations 2004.

Matters for consideration

  • Building work complies with the approved building consent
  • If a compliance schedule is required as a result of building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent
  • Whether a building method or product subject to a current warning or ban has been used in the building work
  • Failure to supply an energy work certificate
  • Outstanding payment of development contribution.

Offences

It is now an offence to use, or permit to be used, public premises that are affected by building work that do not have a building consent, code compliance certificate, certificate of acceptance or certificate for public use. It is also an offence for a property developer to transfer a household unit without a code compliance certificate.

This does not apply where the sale and purchase agreement was entered into prior to 30 November 2004 if agreed under Form 1 of the Building (Forms) Regulations 2004. Building consent authorities will need to be aware of the offences and, where possible, alert building owners and residential property developers to these offences.

Building consent

The building work to which the code compliance certificate relates must comply with the building consent and the building code.

Compliance schedules and compliance schedule statement

If a compliance schedule (whether new or amended) is required as a result of building work, the building consent authority must issue that compliance schedule with the code compliance certificate.

Where a compliance schedule has been issued for the first time, the territorial authority must issue a compliance schedule statement before or with the code compliance certificate. This statement replaces the statement of fitness required by the Building Act 1991, and states that all the systems and features listed in the compliance schedule are functioning as per their performance standards at the date of issue.

Where a compliance schedule is new or has been amended as a result of building work, or where a compliance schedule statement is being issued, the building consent authority must be satisfied on reasonable grounds (eg, through statements from independent qualified persons) that the specified systems meet the performance standards set out in the building consent before they issue the code compliance certificate.

Warnings and bans

A building consent authority must not issue a code compliance certificate for building work if doing so results or could result in a person breaching a ban made by the Chief Executive of the Ministry of Business, Innovation and Employment on a building method or product.

Energy work

The application for a code compliance certificate must include certificates relating to any gas fitting work or prescribed electrical work. Failure to provide an energy work certificate is sufficient reason for the building consent authority to refuse to issue a code compliance certificate.

Development contribution

Payment of any required development contribution must be made prior to issuing the code compliance certificate. Alternatively, a copy of a written agreement between the owner and the territorial authority can be made stating that the code compliance certificate may be issued.