Certificates of acceptance
Certificates of acceptance (CoAs) were introduced as part of the Building Act 2004 to confirm that building work, or part of that work, complies with the Building Code.
The Department of Building and Housing is aware of some misunderstanding about, and inconsistency in the use of, CoAs, and wishes to clarify their status.
The most common reason for applications being made to territorial authorities for a CoA is that work has been done without a building consent.
A CoA is intended to establish in law that the unconsented building work is Code-compliant. Territorial authorities are under no obligation to issue them and may choose to prosecute the building owner for building without a consent.
Applications for a CoA must be made on a CoA application form provided by the territorial authority, with fees paid as specified by the territorial authority.
The CoA does not necessarily cover an entire building. It can be limited to work that the territorial authority can verify complies with the Building Code.
For example, a CoA might be sought for a deck that wasbuilt without a building consent. The territorial authority may inspect and agree to issue a CoA for the above-ground deck structure, but not for the piles and foundations because it cannot establish if they have been constructed properly and comply with the Building Code.
If an entire house has been built without a building consent the territorial authority may be able to verify little of it as Code-compliant.
It is the responsibility of the applicant, not the territorial authority, to prove the level of compliance achieved.
The Department is aware of some businesses offering to support CoA applications with a survey report explaining the unconsented work undertaken and commenting on its quality and level of Building Code compliance.
Such a report may assist consideration of an application for a CoA, but may not in itself satisfy a territorial authority of compliance.
Any report in support of a CoA application should include:
- drawings and specifications detailing the work
- any photographs taken during construction
- justification of compliance with relevant Building Code clauses.
Some territorial authorities have a list of people from whom they will consider CoA survey reports. Applicants should also check if their territorial authority has any specific requirements before engaging someone to provide a report.
Applicants considering using someone to prepare a survey report supporting a CoA application should ask them about their skills and experience with this type of work.
A CoA cannot be obtained in some situations, including where the work is already covered by a building consent or where the work was undertaken before July 1992. Work covered by a building consent must be done in accordance with that consent and, when the work is completed, application must be made for a code compliance certificate. A CoA cannot be issued for work done before July 1992, when the Building Act 1991 came into force, because, until then, there was no building code for the work to comply with.