Other information

1. What is a notice to fix?

A notice to fix is a formal notice issued by Council advising that certain works have not been carried out in accordance with the Building Code.

If a notice to fix is issued, you are required to address the issues identified within a prescribed timeframe to prevent further action being taken.

Enforcement of notices to fix is undertaken by the Territorial Authority (Council).

2. Do I need a practical completion inspection?

Yes, all building consents require a practical completion inspection (final).

Your consented building work should be completed within 2 years of the date that the building consent was granted.

If you can not complete the work within this timeframe it is essential that you contact us to discuss possible ramifications.

If we do not receive advice of practical completion within 2 years of granting a building consent then we will automatically make the decision to refuse issue of code compliance certificate until we are notified that you have achieved practical completion.

When all work has been completed in accordance with the building consent, a code compliance certificate may be issued.

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3. What is a code compliance certificate?

A code compliance certificate is Council’s verification that all works undertaken comply with the approved building consent. It is an important document and should be retained for future reference.

It is mandatory to apply for a code compliance certificate after all work has been completed.

Council has 20 working days to decide whether to issue or to refuse to issue a code compliance certificate.

4. What about issuing code compliance certificates for building consents issued under the 1991 Act or that have not been issued by Council?

Providing council is satisfied the building work has been constructed to comply with the building code in place at the time of construction and has continued to meet the provisions of the building code, a code compliance certificate may be considered. (This includes maintenance).

If Council can not be satisfied on reasonable grounds, a code compliance certificate may be refused.

Should Council refuse to issue a code compliance certificate and you consider that this is not justified then you may wish to approach the Department of Building & Housing (www.dbh.govt.nz) and obtain a determination.

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5. What is a determination?

A determination is a binding decision made by the DBH. It provides a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, building accessibility, health and safety.

Although determinations are generally sought because a building owner disagrees with council about decisions made in regard to their building; a determination can be applied for by council or by a neighbour who may be affected by building work.

Applying for a determination

Applications for determination and the associated cost may be found on the DBH website (www.dbh.govt.nz).

How long does it take to get the determination

The DBH is required to issue the final determination within 60 working days of receiving the application, or longer if agreed to by the parties.

The 60 working day period does not include time delays while waiting for information or comment from other parties - the ‘clock is stopped’ during these times. If you can’t provide the information by the date given, you may request an extension. The DBH has the power to make the determination if the information requested is not provided in reasonable time.

Building work that may need to be done before a determination is issued

If you have been sent a notice to fix about work that is unsafe, you must comply with this notice. Otherwise, council can’t require you to carry out building work related to the determination unless the DBH agrees this is necessary.

6. Sales by residential property developers - section 364

The DBH is required to issue the final determination within 60 working days of receiving the application, or longer if agreed to by the parties.

The 60 working day period does not include time delays while waiting for information or comment from other parties - the ‘clock is stopped’ during these times. If you can’t provide the information by the date given, you may request an extension. The DBH has the power to make the determination if the information requested is not provided in reasonable time.

Section 364 of the Building Act 2004 introduces important consumer protection measures covering the sale of household units by residential property developers or ‘spec’ builders.

It is an offence for a residential property developer to complete the sale, or allow a purchaser to take possession of a household unit before a code compliance certificate has been issued.

A person who commits an offence under section 364 is liable to a fine of up to $200,000.  This fine applies to each household unit sold without a code compliance certificate.

What is the reason for this?

People buying a residential property from a developer have a right to expect it to be completed and to comply with the Building Code.

The onus for making sure a building complies with the Building Code is on the developer as they have the control of the building process.

What is meant by a ‘household unit’?

A household unit is a building or group of buildings intended to be used mainly for residential purposes and by one household (e.g., house, apartment or flat). It does not include a hostel or boarding house.

What does ‘complete the sale’ mean?

‘Complete the sale’ means accepting final payment and transferring the title. You can accept progress payments for the job.

How is ‘residential property developer’ defined?

A residential property developer includes any person who, in trade, builds or arranges to build a household unit for the purpose of selling it. This could include large developers, or builders or individuals building homes on ‘spec’. It also includes a person who, in trade, buys a household unit from a builder or developer with the intention of selling it on.

Can you contract out of this requirement?

The developer and purchaser may contract out of this provision but only on a form prescribed under the Building (Forms) Regulations 2004. This form (Form 1) makes the consequences of buying a property without a Code Compliance Certificate clear to consumers. It also advises consumers to obtain independent legal advice before signing. Copies of Form 1 are available from the DBH website www.dbh.govt.nz.

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7. Section 363 public premises

If your building is open to the public, whether for free or payment of a charge, the building can not be used / occupied until a code compliance certificate is issued. This is because public premises will generally have systems within the building which contribute to life safety and well-being of the building user. (These systems are called specified systems).

In certain circumstances it may be possible to apply for a certificate for public use, which will allow a building to be used before the code compliance certificate is issued. Each application will be considered on a case-by-case basis.

What are public premises?

Any building which is open to the public whether for free or payment of a charge, including:

• Shopping malls, cinemas
• Maraes
• Camping grounds
• Garages and workshops
• Funeral homes
• Office / retail complexes
• Rest homes, etc

8. What is a compliance schedule?

A compliance schedule is a document issued by the building consent authority for buildings that contain specified systems.  Specified systems include:

• Automatic systems for fire suppression
• Automatic or manual emergency warning systems for fire or other dangers
• Electromagnetic or automatic doors or windows
• Emergency lighting systems
• Escape route pressurisation systems
• Riser mains for use by fire services
• Automatic back-flow preventors connected to a potable water  supply
• Lifts, escalators, travelators, or other systems for moving people or goods within buildings
• Mechanical ventilation or air conditioning systems Building maintenance units providing access to exterior and interior walls of buildings
• Laboratory fume cupboards
• Audio loops or other assistive listening systems
• Smoke control systems
• Emergency power systems for, or signs relating to, a system or feature specified for any of the above

From 31 March 2008, a single household unit requires a compliance schedule, if it contains a cable car or is serviced by a cable car.

A compliance schedule lists the systems and features, including the inspection, maintenance and reporting procedures needed to keep them in good working order.  A compliance schedule must be kept on site and made available to building officers, Independent Qualified Persons (IQP’s), Licensed Building Practitioners (LBP) and authorised agents.

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9. What is a compliance schedule statement?

A compliance schedule statement is issued at the same time as the code compliance certificate by the building consent authority and lists the specified systems within the building. It must be replaced in 12 months with a building warrant of fitness, which is issued by the building owner.

10. How do I obtain a compliance schedule?

A compliance schedule must be applied for at the same time a building consent application is made and will be issued with a code compliance certificate if a new building has one or more specified systems. If an existing building has a compliance schedule and if during alteration an existing specified system is removed or new systems are installed then the compliance schedule will be amended and a copy of this will be issued with the code compliance certificate.

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11. What information do I need if I am applying for a compliance schedule?

Your designer should provide you with information relating to the performance standards for each specified system contained within the building at the time of application for a building consent.  These performance standards are required to identify the inspection, maintenance and reporting procedures required for each system.

12. Can I be prosecuted for not obtaining a compliance schedule or if my building warrant of fitness has expired?

Yes, depending on the alleged offence the fine ranges from $20,000 to a maximum of $200,000.

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13. What is a building warrant of fitness? (BWOF)

A building warrant of fitness (Form 12) is a statement issued by the building owner to Council stating that the requirements of the compliance schedule have been fully met.

The building warrant of fitness must have attached to it all certificates of compliance issued by the Independent Qualified Persons (IQP) or Licensed Building Practitioner (LBP).  These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures stated in the compliance schedule, have been fully complied with during the previous 12 months.

The BWOF must be re-issued to Council on the anniversary of the issue of the compliance schedule (every 12 months) for the life of the building.

14. What is an IQP (Independent Qualified Person) / LBP (Licensed Building Practitioner)?

An Independent Qualified Person (IQP) who is recognised by Council as qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system. Please refer to IQP Register for current IQP information

The Licensed Building Practitioner programme will begin in November 2009.  Approval and registration of Licensed Building Practitioner’s will be maintained by the Department of Building and Housing. A register will be maintained in accordance with the Act to help the public

• Determine if a person is qualified
• Choose an appropriate LBP, and
• Identify which LBP’s have been disciplined within the last 3 years.
• DBH website www.dbh.govt.nz

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15. Information on complaints

What happens if I am unhappy about any decision made by the building consent authority?

A customer has a right to appeal or to complain about any building control function the building consent authority undertakes; have this heard and resolved.

Complaints provide feedback about service experience and give us the opportunity to improve our performance.

What is a building control function?

A complaint in relation to building control is defined as a complaint about:

• Meeting statutory time frames
• Lodgement or vetting of building consent applications
• Processing of building consent applications
• Inspection of work under construction
• Issuing of a notice to fix
• Issuing of code compliance certificates
• Issuing compliance schedules
• Failure to provide appropriate information or advice
• Fees and charges
• Failure to meet legislative or Building Code requirements

How do I make a complaint?

You can make a complaint in person; however it must be accompanied in writing. Complaints not made in writing or made anonymously will not be actioned.

Complaints or Appeals should be addressed to:

Lakes Environmental
Private Bag 50077
Queenstown 9348

What information is required?

• Date incident occurred
• Nature of complaint (vetting, lodgement, inspection, notice to fix, code compliance certificate or compliance schedule)
• Copies of any supporting information (if applicable)
• Relationship (customer, regulator, or stakeholder)
• Name and contact details

How long does it take?

All written complainants will be responded to within 24 hours of the receipt of the complaint at which time you maybe asked whether you wish to be heard in relation to the complaint or to provide further information.

Do I have a right of appeal?

Yes, if you do not agree with the outcome you may request a review of the decision. All appeals must be made in writing setting out the reasons why you disagree with the decision.

What else can I do?

If you are still unhappy or choose to use an alternative route to settle a matter of doubt or dispute you may apply to the DBH for a Determination. Visit www.dbh.govt.nz for further information on this service.

16. What is a dam?

Dam means an artificial barrier and its appurtenant structures that:

1. Is constructed to hold back water or other fluid under constant pressure so as to form a reservoir
2. Is used for the storage, control, or diversion of water or other fluid
3. Retains 3 or more metres depth and holds 20,000 or more cubic meters volume, or water or other fluid.

A dam includes:

1. A flood control dam
2. A natural feature that has been significantly modified to function as a dam
3. A canal

A dam does not include a stop bank designed to control floodwaters.

All dams that meet this criteria are required to obtain a building consent from the Regional Council.

What is an appurtenant structure?

The pump house, power source, conduits, penstocks, spillways, sluice gates, intake tower, etc are all appurtenant structures.

What if my proposal does not meet the definition of a dam?

If your structure holds more than 35,000 litres of water but does not meet the definition of a dam, it will still likely require a building consent. Applications for a building consent for a dam will be considered on a case by case basis. You will need to make an appointment for a pre-lodgement meeting with us to discuss what will be required for making application.

Do I need a building consent for a dam?

Yes, all dams holding more than 35,000 litres of water or other fluid require building consent.

What information do I need for building consent?

You will need to get in touch with your local regional authority to discuss building consent requirements for dams. (www.ecan.govt.nz)

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