Certifying Building Work
This page contains information on how building work is certified, including information on code compliance certificates (CCC). You are required to apply for a code compliance certificate once your building work is complete
What is a CCC?
A code compliance certificate (CCC) is a document issued by Council that approves that all of the work done on a building has met the specifications outlined in the building consent.
Only the Council that issued the building consent can approve and sign off on the CCC.
After 2 years of the consent being granted for the building, Council will make a decision as to whether they will issue a CCC or not. The decision must be made within 20 days of expiry (2 year mark).
Public premises cannot be used for this purpose without a CCC, certificate of public use or certificate of acceptance. It is illegal to allow public use of a building without one of these documents
A commercial on-seller may not transfer a household unit without a CCC
Code compliance certificate (sections 91 to 95)
A code compliance certificate (CCC) is a formal statement, issued under section 95 of the Building Act, which states that building work carried out under a building consent application complies with that building consent.
A CCC provides assurance to the owner and subsequent property owners that the approved plans and specifications have been followed.
A CCC is not issued until all building work has been completed as per the plans and specifications submitted with the building consent application.
A CCC must be applied for after all building work carried out under a building consent granted to the owner is completed.
An application for a CCC where the building work was carried out under a consent granted under the former Act must be considered and determined as if the Building Act had not been passed.
However, section 43(2) of the former Act must be read as if a CCC may only be issued if the territorial authority is satisfied that the building work complies with the Building Code that applied at the time the building consent was granted.
Who issues a CCC?
If Kaikōura District Council issued the building consent, they will approve and sign off the CCC.
Note: Section 91 of the Building Act 2004 subsection (2) states:
However, another building consent authority may issue a code compliance certificate if the following persons agree:
(a) The owner of the building to which the building work relates; and
(b) The building consent authority that it is proposed will issue the code compliance certificate.
This could be for a relocatable home being constructed in another district.
What factors effect a decision to issue a CCC?
Section 94 Matters for consideration by building consent authority in deciding issue of code compliance certificate
(1) A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds,—
(a) that the building work complies with the building consent; and
(b) that,—
(i) 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
(ii) 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.
(2) 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.
(3) 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.
(4) 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—
(a) evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or
(b) a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.
(5) Subsection (1) is subject to subsection (4).
When to apply for a CCC
A code compliance certificate confirms the work done complies with the building consent, and shows the work is legal, compliant and complete.
You have two years to apply for a code compliance certificate once your building consent is granted. Council issues a code compliance certificate based on the inspections undertaken during and at the end of construction. It’s only issued when Council is satisfied on reasonable grounds that:
- Your building work is completed and complies with the building consent
- Your final inspection has been passed
- Any specified systems for the building are capable of performing
- Your code compliance certificate application and required documentation have been received and accepted
Required content and detail of plans and supporting material
You need the following to make an application for a CCC:
- A completed application form -Form 6 (Building Regulation 2004)
- Evidence of ownership
- Details of authority from the owner if an agent of an owner applies for the code compliance certificate
- Details of the people who undertook the work, including registration numbers if applicable
What about issuing CCC for Building Consents issued under the 1991 Act or that have not been issued by Council?
Providing Council are satisfied the building work has been constructed to comply with the Building Code regulations that were in place at the time of construction, and has continued to meet the provisions of the Building Code, a Code Compliance Certificate may be considered (this includes maintenance).
A waiver maybe applied to the consent if a reasonable amount of time has lapsed since the consent was issued.
If Council cannot be satisfied on reasonable grounds, a Code Compliance Certificate may be refused.
Should Council refuse to issue a Code Compliance Certificate and you consider that this is not justified then you may wish to approach MBIE and obtain a determination.
Timeframe for processing CCCs
The Council has 20 days to decide whether a CCC will be issued (from application, or expiry of consent). If more information is required to make the decision, the application is put on hold from when Council requests the information.
Additional fees
Depending on the type of the application and the inspection process, there may be additional fees charged before a code compliance certificate can be issued.
These fees may include:
- extra inspections undertaken above those paid at the time the consent was issued
- a development contribution
- the issue of a compliance schedule.
An invoice will be issued and the application placed on hold until the outstanding fees have been paid.
Payment can be made online via credit card or by internet banking.
Building consent online payment
Be sure to quote your building consent number (e.g. BCXXXXXX) when paying by internet banking to ensure your payment is allocated to the correct account. Payments made without a suitable reference may result in a delay issuing your code compliance certificate.
