Skip to content.
Return to Department of Building and Housing home page.

Certificate for public use effective 21 July 2005

New Building (Forms) Amendment Regulations (No 2) 2005 have been gazetted and came into force on 21 July 2005. The regulations prescribe two new forms required for the application and issue of certificates for public use (CPU).

 Section 363A of the Building Act 2004, inserted by the Building Amendment Act 2005, provides that a CPU may be issued for public premises (or part) affected by building work if the territorial authority concerned is satisfied that the premises (or part) can be safely used by members of the public. This is likely to require some form of inspection.

The new forms are available on the Building Act website. They are:

  • Form 15 Application for Certificate for Public Use
  • Form 16 Certificate for Public Use.

Owners, occupiers or people who control the premises, or their agent, must apply for a CPU using Form 15. A CPU can be issued by the relevant territorial authority only on Form 16.

The regulations also make minor alterations to the following forms.

  • Form 1 Agreement between residential property developer and purchaser.
  • Form 12 Warrant of Fitness (to include agents).
  • Form 14 Application for determination.

The Department clarifies how the Certificate for Public Use is intended to be applied below.

Section 363 of the Building Act 2004 makes it an offence to use or permit to be used public premises that are affected by building work before a code compliance certificate (CCC) is issued and without a CPU having been issued. Section 363 only applies to the part of a premises that is intended for public use and it only applies to that part of the public premises that is affected by building work. A CPU allows members of the public to use parts of public premises affected by building work before a final CCC is issued. A CPU is a statement by the TA that it is safe to use the area of the public premises affected by building work.

Important points include the following.

  • A CPU is not required for use of the parts of the premises that are unaffected by building work.
  • CPUs can be used as an alternative to staged or separate building consents for large building projects.
  • In order for a TA to issue a CPU, building work would need to have been started and the premises inspected by a TA.
  • A CPU must be applied for and issued using the form prescribed in regulations.
  • A CCC must be obtained on completion of the building work.
  • The regulations are available from the Building Act website. Prescribed forms will shortly be published in an alternative format in the Forms section of the Building Act website.

For further information on these safety measures, please see the leaflet New safety measures for premises intended for public use (section 363). This is also available in hard copy.