Old Building Consents

The New Zealand Building Act 2004 sets the expectation that every building consent should have a code compliance certificate (CCC) to show the work completed complies with the building consent and the New Zealand building code.

However, in some cases this final sign off process has been overlooked.

Some owners may not know that it is their responsibility to apply for a CCC and others may believe that their contractors are taking care of it. Some projects are never finished, or people forget to apply for CCC when their project is complete. Some owners have purchased properties not knowing that the building work did not have a CCC.

It is in the interest of the owner to obtain a CCC where possible, as difficulties may arise when selling the property without a CCC.

This guide is to inform owners (or their authorised agent) of the steps to take if they find that their property has outstanding building consent(s) and they want to obtain a CCC.

The process

Council has adopted the following approach where a building consent has been granted more than five years ago. Please note that the CCC may be issued at any stage during the process once Council can be satisfied on reasonable grounds that the work complies.

Building consents issued prior to 31 March 2005:

• The owner of the owner's authorised agent may formalise the process with an email stating that the works are complete and they wish to pursue a code compliance certificate

Building consents issued after 31 March 2005:

• An application for the code compliance certificate should be made by the owner. Written agreement will be sought to meet all reasonable costs incurred. Refer to fees and charges.

The steps

1. Initial assessment. Council will ascertain the quality and quantity of information on record. The time required for this depends on the complexity of the work. If the initial assessment indicates that it would be unreasonable for the owner to incur the cost of an inspection where CCC would not be issued, the owner may either choose to do nothing further, or commission an independent compliance report to provide as evidence to obtain a CCC.
2. Inspection. Where required, the owner will be contacted to arrange a suitable date and time. Inspection time is likely to vary depending on the complexity of the building work. During an inspection, it may not be possible to determine compliance with the building code. Council cannot carry out invasive testing of building elements and is not permitted to design remedial works. In this case, the owner may either choose to do nothing further, or commission an independent compliance report to provide as evidence to obtain a CCC. If seeking a consultant's report, it must be an investigative report and must make recommendations of remedial works required to demonstrate compliance. Council needs to review the report and proposed remedial work. Amendments may be required to the original building consent to cover remedial or any new work recommended by the consultant to meet compliance. It is recommended that the consultant undertake their own inspections, but must liaise with Council before any remedial works are commenced, as a Council Inspector may also wish to be present at some or all of the inspections. The consultant must confirm to Council once all works have been completed to their satisfaction. A final inspection by the Council is also likely to be required.
3. Decision. Issuing of the CCC is in the interests of both the Council and the owner; issuing of CCC will not be withheld unduly, but Council must be satisfied on reasonable grounds of compliance. In some cases the CCC may not be issued. In the rare circumstances where the CCC cannot be issued, the owner may seek a determination from the Ministry of Business Innovation and Employment. Any other works which have been undertaken and are not part of the original consent will not be included on the CCC. If unauthorised building work has been done the owners will be required to apply for a certificate of acceptance.

CCC will be issued once the associated building consent fees are paid. The CCC can only be issued to the current owner of the property.