Code Compliance Certificates

Section 90 - Inspections by Building Consent Authorities

Every building consent is subject to the condition that agents authorised by the building consent authority for the purposes of this section are entitled, at all times during normal working hours or while building work is being done, to inspect -

• land on which building work is being or is proposed to be carried out; and
• building work that has been or is being carried out on or off the building site; and
• any building.

The provisions (if any) that are endorsed on a building consent in relation to inspection during the carrying out of building work must be taken to include the provisions of this section.

In this section, inspection means the taking of all reasonable steps to ensure that building work is being carried out in accordance with a building consent.

Section 92 - Application for CCC

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; and
• either -
  • to the building consent authority that granted the building consent for the building work; or
  • if section 91(2) applies, to the building consent authority that it is proposed will issue the code compliance certificate.

If applicable, the owner must include with the application any records of work provided by licensed building practitioners under section 88(1).

Section 93 - Time in which building consent authority must decide whether to issue code compliance certificate

A building consent authority must decide whether to issue a code compliance certificate for building work to which a building consent relates within -

• 20 working days after the date specified in subsection (2); or
• any further period after the date specified in subsection (2) that may be agreed between the owner and the building consent authority concerned.

The date referred to in subsection (1)(a) and (b) is -

• the date on which an application for a code compliance certificate is made under section 92; or
• if no application is made, the expiry of -
  • 2 years after the date on which the building consent for the building work was granted; or
  • any further period that may be agreed between the owner and the building consent authority concerned.

Subsection (1) applies whether or not an application for a code compliance certificate is made under section 92.

A building consent authority may, within the period specified in subsection (1), require further reasonable information in respect of the application for a code compliance certificate, and, if it does so, the period is suspended until it receives the information.

Section 94 - Matters for consideration by building consent authority in deciding issue of code compliance certificate

A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds, -

• that the building work complies with the building consent; and
• that -
  • in a case where a compliance schedule is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent; or
  • in a case where an amendment to an existing compliance schedule is required as a result of the building work, the specified systems that are being altered in, or added to, the building in the course of the building work are capable of performing to the performance standards set out in the building consent.

In deciding whether to issue a code compliance certificate, a building consent authority must have regard to whether a building method or product to which a current warning or ban under section 26(2) relates has, or may have, been used or applied in the building work to which the certificate would relate.

If the owner fails to provide to a building consent authority an energy work certificate in relation to energy work in respect of which a building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the energy work.

If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certificate in respect of the relevant building work until the building consent authority has received -

• evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or
• a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.

Subsection (1) is subject to subsection (4).

Section 95 - Issue of Code Compliance Certificate

A code compliance certificate must be issued -

• by a building consent authority; and
• in the prescribed form; and
• on payment of any fees and charges imposed by the building consent authority under section 219 or 240 (as applicable)

Section 95A - Refusal to Issue Code Compliance Certificate

If a building consent authority refuses to issue a code compliance certificate, the building consent authority must give the applicant written notice of -

• the refusal; and
• the reasons for the refusal.