Code Compliance Certificate Process
A code compliance certificate is the last step for certification of consented building work.
An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to that owner is completed. The application must be made as soon as practicable after the building work is completed and in the prescribed form.
You or your agent should provide construction documentation to the Council as the build progresses to help speed up the process.
1. What is a Code Compliance Certificate
A code compliance certificate gives you and future owners an assurance that the building work was done to the appropriate standards, making it safe, healthy and durable.
Lack of a code compliance certificate may prevent a bank from releasing a final builder payment or increase the cost of insurance cover. If you don’t get one then you may also have trouble selling your house.
This certificate is issued by the council under Section 95 of the Building Act 2004, confirming that the council is satisfied on reasonable grounds that the building work complies with the building consent.
2. Submitting your construction documentation early
We encourage you (or your agent) to provide the construction documentation, as listed on the Building Consent Construction Documentation and Advice Notes document provided with your building consent, throughout the build – it will assist with the timely processing of your application for code compliance certificate.
Submit documents using Upload Files Using Sharefile.
3. Applying for your Code Compliance Certificate
An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to that owner is completed.
The application must
- be made as soon as practicable after the building work is completed
- be made on in the prescribed form
- include with the application any records of work provided by licensed building practitioners (if applicable)
- include energy work certificate (if applicable)
Submit using Upload Files Using Sharefile. In some cases we may accept small applications (e.g. solid fuel heater) over the counter in hardcopy.
4. Fees and charges
Fees vary for applications depending on the type of project. Where the cost to make a code compliance certificate decision exceeds the fee paid at the point of lodging the consent then additional fees may be charged for additional time and or inspections. .
Please refer to the IS BCF Building Consent Initial Fees and Other Charges.
5. Statutory clock
The statutory timeframe of 20 working days for processing your application begins once the application has been received.
If the application is incomplete you will be notified with a request for information. The statutory clock will stop. Once the full information is provided the clock will be started again.
Please note that any outstanding fees must be paid before the code compliance certificate (Form 7) is issued. This includes payment of any applicable development contributions.
6. Code Compliance Certificates older than 5 years
The owner of a building may apply for a code compliance certificate where more than five years has passed since the building consent was granted and the first inspection was undertaken five or more years ago.
The Council reserves the right to inspect building work and verify ongoing compliance with the Building Code prior to deciding whether to issue a code compliance certificate. This inspection may take into consideration the passage of time since building work was significantly completed, condition of building work, performance and durability of claddings and completed building work.
Why hasn’t Council dealt with this before now?
There could be a number of reasons why this has not been brought to your attention previously. Sometimes people don't realise it's their responsibility to request a CCC, others might think their builder will take care of it. Some projects are never finished or people simply forget to submit their application. Whatever the reason it can lead to significant problems when you go to sell your property or re-finance it.
What happens if I do not obtain a Code Compliance Certificate?
It may have an impact on insurance policies you have. The status of a code compliance certificate decision will be listed on the LIM (Land Information Memorandum) and it may have implications if you ever decide to sell your property. The Building Act 2004 highlights the need to obtain a code compliance certificate following completion of work carried out under a building consent.
What do I need to do to get a code compliance certificate (CCC)?
This is outlined in detail in CCC Applications for Historical Building Consents (IS 3.4) inculding
- Documents to be supplied
- Modification of durability
- FAQs & Case Studies
Do I have any other options?
Following this process, if a final inspection cannot be approved or a code compliance certificate cannot be issued then an option may be to contact MBIE for information with regards to a determination.
7. Issue of code compliance certificate
Under section 94 of the Building Act 2004 in deciding to issue a code compliance certificate the BCA;
- must issue a code compliance certificate if its satisfied on reasonable grounds the building complies with the consent and, if applicable, new or altered the specified systems are capable of performing to the performance standards set out in the building consent.
- must have regard to whether a building method or product to which a current warning or ban
- receive energy work certificate(s)
- seek development contributions
8. Refusal of code compliance certificate
The Council may refuse to issue a code compliance certificate if:
- the work is not complete; or
- we do not have adequate evidence that the work complies with your building consent; or
- we do not have adequate evidence that the work complies with the building code (this may include required documentation not being supplied).
If you haven't applied for a code compliance certificate within two years of the building consent being granted, under section 93(2)(b) the Council must make a decision whether to issue a code compliance certificate.
When you apply for your code compliance certificate, you must attach, where applicable, any outstanding documents not already submitted to Council.
The Council also reserves the right to re-inspect building work where the period between the passed final inspection and application for a code compliance certificate give rise for concern in respect to the passage of time, durability, scope and nature of building work.
9. Compliance Schedule for Specified Systems
You may require a compliance schedule and annual warrant of fitness if the building has certain specified systems.
Altered or amended specified systems are listed on the issued building consent (Form 5) document.
A compliance schedule details the inspection, maintenance, and reporting requirements for the specified systems in a building as defined by the applicant and is issued at the same time as the code compliance certificate, along with a compliance schedule statement (Form 10).
For more information see Building – Building Consents – Commercial – Compliance Schedules.
10. Opening to the public
Unless a certificate for public use has been issued, members of the public cannot use or occupy public premises which have not had a code compliance certificate issued. Any breach could result in enforcement action by the Council.
For more information see Building – Building Consents – Commercial – Certificate of Public Use.
11. Selling without the code compliance certificate
If you are building, or arranging to have built, a household unit for the purpose of selling it you must get a code compliance certificate before completing the sale, or before allowing a purchaser to take possession of the household unit. The only exception is if the on-seller and purchaser sign an agreement to waive this requirement.
There is a standard form for this agreement which advises of any potential extra costs being passed on to the buyer. For further reading see Building Act 2004 – revision section 362V.
- New or altered specified systems.
- Stamped and approved copy of the documents that you have submitted. This may be split into various documents.