Can a certificate of acceptance be issued in respect of building work that was carried out before 31 March 2005, where a building consent was required but was not granted?
Can a certificate of acceptance be issued where a building certifier was unable or refused to issue a building certificate or a code compliance certificate?
If a building consent has been issued under the Building Act 1991, can the owner apply for a certificate of acceptance?
Is it an offence for the public to use the part of the public premises affected by building work where a certificate of acceptance has been issued for that building work?
What happens where a territorial authority discovers that building work that is subject to an application for a certificate of acceptance does not comply with the Building Code?
Can a building levy fee be taken at the time of a certificate of acceptance application?
Does the building levy get collected where work has been done under urgency (section 96(1)(b))?
Does a territorial authority have to issue a certificate of acceptance when an application is made?
Can a territorial authority refuse to accept certificate of acceptance applications as a blanket policy?
If a certificate of acceptance inspection reveals further building work is required, should the territorial authority require the owner to apply for a building consent to complete the work?
Because the building levy is based on the value of the work at the time the work was undertaken, what have the value of the levies been and when did they change?
How long must a certificate of acceptance be held on territorial authority records?

Certificates of acceptance — frequently asked questions

Can a certificate of acceptance be issued in respect of building work that was carried out before 31 March 2005, where a building consent was required but was not granted?

Yes (see section 437), provided it relates to building work carried out after 1 July 1992 (when the building consent provisions in the 1991 Act came into force).

Can a certificate of acceptance be issued where a building certifier was unable or refused to issue a building certificate or a code compliance certificate?

Yes (see section 437).

If a building consent has been issued under the Building Act 1991, can the owner apply for a certificate of acceptance?

Yes, but only if the consent relates to building work for which a building certifier refuses to issue a building certificate or code compliance certificate. Otherwise, the owner must apply for a code compliance certificate in accordance with section 436 of the Building Act 2004. In addition, an owner can apply if the building work affects public premises.

Is it an offence for the public to use the part of the public premises affected by building work where a certificate of acceptance has been issued for that building work?

If the building work commenced, or the consent was granted, before 31 March 2005 there will be no offence. However, if the consent was granted and the work commenced after 31 March 2005 the offence still applies.

What happens where a territorial authority discovers that building work that is subject to an application for a certificate of acceptance does not comply with the Building Code?

The application should be refused and a notice to fix issued. The notice to fix should set out what remedial work must be done to fix the non-compliance. There are several possible ways to manage these issues.

Example: where minor remedial work is required. A small internal alteration has been made and a tub and laundry space created. A tempering valve has been installed and the hot water is a safe temperature, but the floor and wall linings are not impervious.

Issue notice to fix requiring remedial work to floor and wall linings.
Request information on how work complies with the relevant section of the Building Code.
Owner completes minor remedial work, advises the territorial authority and reapplies for a certificate of acceptance.
Territorial authority grants certificate of acceptance.

Example: where significant remedial work is required. A deck has been built 2 metres off the ground without a safety barrier.

Issue notice to fix requiring a building consent be applied for to construct a deck barrier.
Territorial authority grants certificate of acceptance for the deck platform only and excluding a safety barrier.
Territorial authority issues a code compliance certificate for the deck barrier.

Can a building levy fee be taken at the time of a certificate of acceptance application?

Certificate of acceptance applications for building work carried out without a consent (section 96(1)(a))

must be accompanied by any fees, charges or levies. (The levy does not have to be refunded if the certificate of acceptance application is refused.)

Does the building levy get collected where work has been done under urgency (section 96(1)(b))?

No, only where people have done work without a building consent that required a building consent. Work required to be undertaken urgently to remove a risk or danger can lawfully be undertaken without consent.

Does a territorial authority have to issue a certificate of acceptance when an application is made?

No, if the territorial authority is not satisfied that the building work complies with the Building Code insofar as it can ascertain. If the territorial authority is not satisfied in this respect, it should refuse the application. A refusal to issue a certificate of acceptance may be challenged in an application for a determination to the Chief Executive of the Department of Building and Housing.

Can a territorial authority refuse to accept certificate of acceptance applications as a blanket policy?

No, the territorial authority must consider each application on its merits. A decision to either issue or refuse to issue a certificate of acceptance should only be made on the facts of each application and whether the work concerned can be verified as complying with the Building Code.

If a certificate of acceptance inspection reveals further building work is required, should the territorial authority require the owner to apply for a building consent to complete the work?

A building consent authority may use a notice to fix to require building work to be done to fix a problem that fits within the scope of section 164(1)(a) to (c), for example, requiring building work to be done to ensure compliance with the Building Code. A certificate of acceptance does not relieve a homeowner of a breach of the Building Act (doing building work without a building consent), but merely provides a level of verification.

Because the building levy is based on the value of the work at the time the work was undertaken, what have the value of the levies been and when did they change?

Historical building levy charges are as follows.

Building Levy Order 2005	The rate of building levy payable under section 53 of the Act is $2.01 (including GST) for every $1,000 (or part of $1,000) of the estimated value of the building work for which a building consent is issued.
Building Industry Authority Levy Order 1995	This order, which comes into force on 1 December 1995, reduces the rate of levy payable under section 23B of the Building Act 1991 from 80c to 65c for every $1,000 (or part thereof) of estimated value of the building work concerned.
Building Industry Authority Levy Order 1994	This order, which comes into force on 1 November 1994, reduces the rate of levy payable under section 23B of the Building Act 1991 from $1 to 80c for every $1,000 (or part thereof) of the estimated value of the building work concerned.
Building Amendment Act 1993	The levy was first introduced by the Building Amendment Act 1993, effective from 1 January 1994 at a rate of $1 for every $1000.

How long must a certificate of acceptance be held on territorial authority records?

For the life of the building.

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