Code Compliance Certificates
A Code Compliance Certificate (CCC) is a document issued by the BCA (Council) which confirms that all building work has been completed and complies with the building consent. The CCC is an important document and should be kept safe. It is significant for on-selling your property and insurance purposes.
Please complete the Code Compliance Certificate (Form 6) application.
You can apply online from 1 October 2020 (if you are a registered customer) for a Code Compliance Certificate if your consent is less than 4 years old. If your consent is older than 4 years , (and you are a registered customer) click here for further information.
The following sections of the Building Act 2004 show the relevant areas related to Code Compliance Certificates and Inspections.
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.
Under Section 92 of the Building Act 2004 you can apply for Code of Compliance Certificate at the time that you deem work to be complete.
A final inspection with a “Pass Result” signifies that all building work is complete. We recommend that you apply for a CCC after you have had your final inspection pass.
If your final inspection has Failed we will send you an Inspection Summary advising the reasons why it failed and what needs to be done to address the issues. Details on how to respond to this Summary will be advised at the time you receive this notification.
Once we have received any information related to the failed items, these will either be reviewed as part of a physical re-inspection or desktop review (if we are just awaiting documentation).
If all items are addressed and approved – the Final Inspection will achieve a Pass Result and you can apply for your CCC. If the issues are not resolved and the 2-year expiry date has been reached without works being complete or an application for CCC applied for, then CCC may be refused.
By ensuring you have had a final inspection with a Pass result, we can minimise delays within the CCC application process.
You will be sent an email confirming receipt of your application. We will then check the application for correctness and completeness. If your application is incomplete, it will be returned with the reasons outlined.
Once we have accepted your application, Council has 20 working days in which to make a decision.
All information and inspection records will be reviewed as part of the application process.
The clock may be stopped if further information is required, however all information must be provided in order for the clock to restart. If we request further information, the clock stops and does not restart until we receive all of the information requested. If a response to an RFI is not received within 20 working days, the application will be refused.
If we refuse the CCC we must provide reasons for doing so. If the reasons can be satisfactorily addressed, you may re-apply for CCC.
If an application for CCC is not made within two years of the date that the consent was granted, we are obliged to determine whether we can issue the CCC. If you have not applied for a CCC we will make contact with you at this time. If the building work is not complete, you can seek an extension of time. One extension of time for a maximum of 12 months will be considered.
Multi-unit residential, industrial or commercial buildings usually have Specified Systems in them and require a compliance schedule. The compliance schedule is issued with your CCC. The compliance schedule lists the maintenance, inspection and reporting requirements for each of the ‘specified systems’ in the building. Examples of specified systems include, but are not limited to, emergency lighting or automatic fire-suppression systems, back flow prevention devices, lifts and signage.
All fees and charges for Inspections and CCCs are paid with your building consent. However, if your project has exceeded the anticipated number of inspections, an invoice will be generated for additional costs. Similarly, if you have not used all the pre-paid inspections you will be refunded the difference. Any fees payable will be invoiced and must be paid before your CCC is issued.
Complaints
If you have any concerns or complaints about a decision, please refer to our Complaints Process at Complaints and enquiries | Far North District Council (fndc.govt.nz)
Alternatively, the Ministry of Business, Innovation and Employment (MBIE) provides additional guidance on Resolving problems | Building Performance.
Determinations
For matters of doubt or dispute to do with building work outlined in the Building Act and the Building Code, you can apply to the Ministry of Business, Innovation and Employment (MBIE) for a determination.
Refer to MBIE’s website for more information on Understanding determinations | Building Performance.