A code compliance certificate is issued by the Council under Section 95 of the Building Act 2004(external link) when all the requirements of Section 94 of the Building Act 2004(external link) have been met. This includes being satisfied on reasonable grounds that the building work complies with the building consent.
A lack of a code compliance certificate may prevent a bank from releasing a final builder payment or increase the cost of insurance coverage. You may also have trouble selling your house.
An owner must apply for a code compliance certificate after all building work to be carried out under building consent is completed. Before applying for a code compliance certificate, ensure that the building consent conditions have been met, including section 90 and the accompanying schedule of inspections.
If the building consent conditions have not been met, it is likely your application for a code compliance certificate will not be accepted.
The application must be made as soon as practicable after the building work is completed and on the prescribed form (Form 6).
We encourage you, or your agent, to provide the construction documentation(external link), as listed on the building consent construction documentation and advice notes document provided with your building consent, throughout the build. Submitting the documentation during the build will also speed up the process once you apply for your code compliance certificate, as the construction documents will be reviewed and processed on receipt. This will result upon receiving your code compliance certificate application, we can issue the code compliance certificate much quicker.
If not previously submitted, which we encourage you to do for the reasons mentioned above, all construction documentation should be submitted at this time. Please refer to the building consent construction documentation and advice notes provided with your building consent at the time of issue for the detail of the required documentation and supporting material to supply with your application. However, if you submit all the construction documentation at the same time as your code compliance certificate application, this will slow down the process and occur extra costs.
If you submit your application through Online Services(external link), you will not have to complete the B-011 application form, as you will complete the application form online.
If you wish to submit your application by post or in person, download and complete the application for a code compliance certificate (Form 6) Form - B-011 [DOCX, 398 KB] and submit your application with any attachments as required on the application form.
Alternatively, you can also pick up an application form from any Council Customer Service Hub(external link), or we can post one to you if you call us on 03 941 8999.
Submit an application for code compliance certificate
- Online: Visit Online Services(external link) for further information.
- Post: post your application to us at Building Consenting, PO Box 73013, Christchurch 8154.
- In-person: deliver your application to the Council office at 53 Hereford Street, Christchurch.
When your application is received the statutory time frame (or statutory clock) of 20 working days for processing your application starts on the next working day after the day it is received.
We aim to make a decision on your code compliance certificate within 20 working days. However, during the processing of your application, the statutory clock stops if we have to send you a request for information (RFI). Typically this will be for the construction documentation requested by the building consent that may not have been included in the application. Please respond quickly with all the information requested.
Once all the information is provided the statutory clock will be started again and processing of the application will resume. We then make a decision on your code compliance certificate whether to issue or refuse your code compliance certificate.
If as a result of building work a building contains certain safety and essential systems, known as specified systems, a compliance schedule will be issued by the building consent authority.
The compliance schedule will describe the specified systems, state their performance standards and describe the inspection, maintenance, and reporting procedures for the specified systems.
A compliance schedule is there to ensure the continued effective operation of the building’s specified systems.
View MBIE’s website (external link)for further information on compliance schedules for building officials.
Specified systems
A specified system means a system or feature contained in or attached to, a building, contributes to the proper functioning of the building and is declared to be a specified system by building regulations(external link). Examples include sprinkler systems, fire alarms and lifts.
An exception to the above is a cable car, they have been defined as a specified system differently. Also if a cable car is attached to or servicing a building used wholly as a single household unit is the only reason such a building would need a compliance schedule.
When you apply for building consent(external link), you must include a list of all specified systems in the building project.
New or amendment to a compliance schedule
If as a result of building work specified systems are added to a building, a compliance schedule (or an amended compliance schedule) will be issued with the code compliance certificate.
Where a compliance schedule has been issued for the first time (typically a new building), a compliance schedule statement is also issued by the Council.
This statement must be displayed publically in the building and is valid for 12 months.
After receiving a compliance schedule statement owners must engage an independent qualified person (IQP) as soon as possible (typically within one month) to ensure that all inspection, maintenance and reporting procedures are complied with for the next 12 months.
At each anniversary of the issue of the compliance schedule, you must supply the Council with a building warrant of fitness(external link). A building warrant of fitness states that the inspection, maintenance, and reporting procedures of the compliance schedule have been fully complied with during the previous 12 months.
A copy of the building warrant of fitness must be publicly displayed in the building.
You will need to apply for an amendment to the existing compliance schedule if you want to:
- Update owner details.
- Amend the inspection, maintenance or reporting procedures.
- Advise of any specified system not included on the compliance schedule for the building.
As the owner, you can apply for an amendment to the compliance schedule at any time. Complete and return an application for amendment to compliance schedule (Form 11) - Form B-031 [DOCX, 388 KB] or (also available as a PDF [PDF, 673 KB]).
Independent qualified persons (IQP)
An independent qualified persons (IQP) is a person accepted by a territorial authority as being qualified to carry out or supervise all or some of the inspection, maintenance, and reporting procedures required for specified systems stated in a compliance schedule. Independent means that the person has no financial interest in the building.
The Council does not perform building warrant of fitness(external link) inspections or certification for building owners, although from time to time we may carry out inspections for auditing purposes.
The role of IQPs is to inspect, maintain and report on the specified systems as detailed on the compliance schedule.
You are required by the Building Act to have annual written reports relating to the inspection, maintenance and reporting procedures of the compliance schedule signed by each IQP who has carried out those procedures. Keep the reports with the compliance schedule for two years and make sure they are available when Council inspections are carried out.
All registered South Island independent qualified persons personnel are recorded on the IQP Register administered by the Timaru District Council(external link). This also provides information and advice regarding IQP related matters.
Fees
If a building consent requires a new compliance schedule, or amended compliance schedule, to be issued as a result of building work, a fixed fee is charged with the issue of the building consent.
There is a different fee for when a building owner applies for an amendment to a compliance schedule outside the building consent process
There is also an annual administration fee for processing the building warrant of fitness. This is comprised of a base fee and an additional fee per specified system. A new fee for building warrants of fitness site audits following a failed audit has recently been introduced.
Refer to the building consents fee schedule(external link) for related fees. The cost of an IQP’s services is not included in the Council application fee or annual fees.
View MBIE’s MBIE’s website(external link) for further information on Buildings with compliance schedules for specified systems.
Fees and levies payable vary for applications depending on the type of project. Please refer to the Building Consents Fee Schedule, which also outlines further detail on how to pay.
Where the cost to process the code compliance certificate application exceeds the fee paid when the building consent was issued then additional time may be charged at the relevant officer charge out rate.
Any outstanding fees must be paid before the code compliance certificate (Form 7) is issued. This includes payment of any additional inspections, code compliance processing time and minor variations. If a development contribution is required to be paid, this must be paid before the certificate can be issued.
A code compliance certificate is issued by the Council at the completion of building work, once it is satisfied on reasonable grounds that the building work complies with the building consent.
If an application for a code compliance certificate has not been made within two years of the date that the building consent was granted, or any further period agreed between the owner and the Council, the Council must make a decision under section 93(2)(b) whether to issue or not the code compliance certificate.
In order to make the decision on whether to issue a code compliance certificate, the Council will assess all relevant matters relating to your building consent and project. In some cases, this may require a building inspection and 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.
As part of the 24-month decision process, we will now be providing an invoice with any outstanding inspections or minor variation fees for payment within 30 days from the date of the invoice.
If Council refuses to issue a code compliance certificate, you may apply again once any identified non-compliances have been remedied.
The Council may refuse to issue a code compliance certificate if:
- All the building work, to which the consent relates, is not yet completed.
- We do not have adequate evidence that the building work complies with your building consent (this may include required documentation not being supplied).
- For a building consent issued under the 1991 Act we do not have adequate evidence that the building work complies with the building code.
Premises affected by building work cannot be used by members of the public until the code compliance certificate is issued unless a certificate for public use has been issued.
Any breach could result in enforcement action by the Council.
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 the 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 prescribed form(external link) 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(external link).
If you have any queries, concerns or complaints about Building Consent Authority's building control functions, please refer to the Building Consent Authority's customer complaints policy(external link).
Further guidance on resolving problems can also be found on MBIE’s website(external link).
For matters of doubt or dispute to do with building work, the Building Act has provision to obtain a determination by the Ministry of Business, Innovation and Employment (MBIE).
Further guidance about determinations can be found on MBIE’s website(external link).
Discuss with us any building work that has been completed without building consent so you can consider your options to comply with section 40 of the Building Act 2004.
For further information regarding what work may be considered exempt, visit exemption from building consent(external link).
Any building work carried out in urgency without a building consent, such as during an emergency, will require an application for a certificate of acceptance(external link).
If you have completed any building work without first obtaining a building consent, or having a discretionary exemption approved, get in touch so we can discuss the options with you.
Here's what you can do
If you think you may have carried out building work without the required approvals:
- Call 03 941 8999 and ask for the duty building consents officer and explain what unconsented building work you have done and why.
- Ask about a certificate of acceptance(external link).
What to do if you suspect substandard or unconsented work
If you have serious concerns about building work, you can raise this with us and we'll investigate. You will need to provide details of your concerns by:
- calling 03 941 8999
- emailing dutybco@ccc.govt.nz
A notice to fix
If your building work does not meet the requirements of the Building Act, the Council can issue you with a notice to fix for any breaches of the Building Act or Building regulations.
The notice to fix will instruct you on what action to take to address the issues identified and give a timeframe to comply to prevent further action from being taken.