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

Code compliance certificates — Building consents

How should an application be dealt with for a code compliance certificate made after 31 March 2005 in respect of building work carried out under a building consent granted under the Building Act 1991?

An application of this sort must be considered and determined as if the Building Act 2004 had not been passed and section 43 of the Building Act 1991 remains in force, but with two changes.

  • A code compliance certificate may be issued only if the territorial authority is satisfied that the building work concerned complies with the Building Code that applied at the time the building consent was granted.
  • Interim code compliance certificates can no longer be issued.

What happens to code compliance certificates already issued under the Building Act 1991?

A code compliance certificate issued under section 43 of the Building Act 1991 has effect as if it had been issued under section 95 of the Building Act 2004.

What happens if a request for a code compliance certificate has been made, but the work has not been carried out in accordance with the approved building consent?

There may be several ways to deal with this situation, depending on the circumstances involved. The following could be required by a notice to fix depending on the circumstances.

  • A building consent be applied for to carry out remedial work.
  • An amendment to the existing building consent be applied for.
  • Work be done in accordance with the building consent.
  • The building work be removed.
  • Owner instructed to apply for a certificate of acceptance.

What happens if at the time of a final inspection other work has been done that did not have a consent?

Issue a notice to fix to the specified person. The notice could provide options about how they may remedy a problem. For example, if building work is not in accordance with the current consent, a responsible authority could give the owner three options.

  • Remove the building work (to the extent necessary) and comply with the current consent.
  • Remove the building work (to the extent necessary) and apply for an amendment to the consent.
  • Apply for a certificate of acceptance for the non-compliant work and apply to amend the consent to remove such work from its scope.

What happens if the Building Code or Compliance Documents (including Acceptable Solutions) change while the work authorised by a building consent is being undertaken?

For building consents issued after 31 March 2005, the building work must comply with the building consent documents. Therefore, changes to the Building Code or Compliance Documents in the interim do not apply.

Can territorial authorities still issue an interim code compliance certificate after 30 March 2005?

No. There are no provisions to issue interim code compliance certificates under the Building Act 2004.

From what date can an offence under section 363 occur?

If the building work affecting the premises started or the building consent was issued before 31 March 2005, the offence applies from 31 March 2010 (section 363B(1)). If the consent was issued or the work started after 31 March 2005, the offence applies from 31 March 2005.

Why did the Building Act 2004 change the emphasis of the code compliance certificate to compliance with the building consent?

During the design process, considerable time is spent to ensure a proposed building complies with the Building Code. The Building Act 2004 supports this process. When a building consent application is made, the building consent authority verifies the design and issues the building consent. Good design supported by the building consent authority review provides a level of surety that, if work is completed in accordance with the building consent, compliance with the Building Code will be achieved and a code compliance certificate should be easily obtained.

Often it is not possible to build exactly to plan because of on-site situations or because clients have changed their minds. Where changes are required, both the designer and the building consent authority should be given time to consider the proposed changes to ensure the requirements of the Building Code will continue to be met as a result of the change. This may lead to an amendment to the building consent. This would also mean that the building consent documentation remains an accurate reflection of the work that is being carried out on site.

Where compliance with the Building Code is established at the time of consent or subsequent amendment, any Building Code changes that occur later will not result in the need to alter the work to comply with the new Code in order to obtain a code compliance certificate.

Another consideration is that people undertaking a review of historical files should be able to obtain drawings and specifications that are a true reflection of the actual work carried out on site.

Can work undertaken prior to July 1992 under a permit be issued with a code compliance certificate (CCC)?

No, a CCC is issued against a building consent. Prior to 1 July 1992 this system did not exist and councils issued permits under their bylaws.

Is sighting an energy work certificate sufficient to issue the CCC?

No, a copy should be attached to the CCC application (Form 6), along with the other relevant documentation.

What happens if the owner does not apply for a CCC within 2 years of the building consent being granted?

Section 93 of the Act provides that where no application for a CCC is made within 2 years from the date the building consent was granted, the building consent authority must decide whether or not to issue a code compliance certificate. In order to make this decision, a building consent authority will need to inspect the work to see if it complies with the building consent. The building consent authority must decide within 20 working days of the expiry of the two years or any further period it allows. Owners must obtain a code compliance certificate as soon as building work is complete.

Does the 2-year period apply to building consents issued before 31 March 2005?

No.

Does section 364 apply to contracts entered into prior to 30 November 2004?

No.

If a residential property developer is unable to obtain a code compliance certificate because a building certifier or a building consent authority that is not a territorial authority cannot or refuses to issue a code compliance certificate, can they on-sell the property without using Form 1 from the regulations?

No, a residential property developer would be in breach of the Act if they entered into the contract on or after 30 November 2004.

Does ‘take possession’ mean move into the household unit?

Not necessarily. Taking possession means that you have legal control of the property (eg, having the right to move into the house, whether that is actually done or not). Usually physical possession occurs at the same time as legal possession.

Can a residential property developer be a person or a company?

A residential property developer can be either a person or a company, or any other type of body corporate.