Code Compliance Certificates

It is a legal requirement under s92 of the Building Act 2004 that the owner should apply for a Code Compliance Certificate as soon as is practical after all the building work specified in the building consent is complete.

The Act does not define a specific date, but MBIE guidance makes clear that delays between practical completion and application can cause complications — including additional inspections, further information requests, and difficulty establishing compliance where time has affected the condition of building work. Applying promptly protects you from these risks.

Before submitting your application, you should be satisfied that all required inspections have been passed, all Licensed Building Practitioner records of work have been obtained, all required documentation (such as energy work certificates and any producer statements) has been assembled, and all fees have been paid or are ready to be paid. An incomplete application will not be accepted and will not start the 20-working-day statutory clock.

• A Code Compliance Certificate (CCC) gives an owner and any future owners of a building, assurance that the building work was completed in accordance with the building consent. It means the building is safe, healthy and durable.
• It can make selling your property easier, as potential buyers are more confident in the quality and compliance of the building work.
• Having a CCC makes it simpler to obtain insurance for your building.
• A lack of CCC may prevent a bank from releasing a final builder payment.

If an application for CCC has not been received within two years of the building consent being granted, Council is required to decide whether to issue a code compliance certificate under section 93(2)(b). A reminder letter will be sent out to alert you to this.

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.

GDC’s preferred method of accepting CCC applications is via the online portal ObjectiveBuild. If there is an issue with lodging an electronic application, please contact us on 03 769 8600.

An owner or appointed agent must apply for a CCC by submitting the Form 6 application, which is found on the ObjectiveBuildportal.

If your building consent predates Objective Build you will need to complete a paper application form (Form 6), please contact our friendly building team on building@greydc.govt.nzto request this.

To ensure a complete application, if applicable, the following must be included:

• Evidence of ownership (title, lease, or sale and purchase agreement)
• any records of work provided by licensed building practitioners,
• any energy work certificates,
• current manufacturer’s certificate for components where the work includes modular components.

Council has 20 working days to decide whether to issue, or refuse to issue, a CCC.

If additional information is requested (RFI), the statutory clock will stop. Information requests will be emailed to the owner / agent. Once all the information is provided the clock will start again and processing of the application will resume. We then make a decision on the code compliance certificate and will issue it when the matters of s94 of the Building Act 2004 has been considered. Under section 94 of the Building Act 2004, Council must be satisfied on reasonable grounds that the building work complies with the building consent before issuing a Code Compliance Certificate. This means we will assess all evidence available, including inspection records, required documentation, and any producer statements, to make our decision.

If your building consent includes the provision of specified systems, the Code Compliance Certificate will be issued alongside a compliance schedule statement and a compliance schedule.

The Building Act requires owners of buildings with specified systems to have a compliance schedule and to provide the Council with an annual Building Warrant of Fitness. Residential properties do not require a compliance schedule unless a cable car is installed.

Before issuing a Code Compliance Certificate, Council must be satisfied on reasonable grounds that the building work complies with the building consent. This is the standard set by section 94 of the Building Act 2004.

To reach that satisfaction, Council will assess all relevant matters relating to your project, including inspection records, any notices to fix that were issued, required documentation supplied with your application, and whether the building work as built is consistent with the approved consent documents. In some cases, Council may carry out a further inspection before making its decision.

Council may refuse to issue a CCC if:

• the building work to which the consent relates is not yet fully completed
• Council does not have adequate evidence that the building work complies with the building consent — for example, because required documentation has not been supplied, or because inspections were not carried out at required stages and the evidence of compliance is no longer available
• a notice to fix has been issued and has not been complied with.

If your application is refused, Council will write to you explaining the reason or reasons for refusal. You may reapply at any time once the conditions for issue have been met, the required information has been provided, and any non-compliances have been remedied.

If your building is residential, then you can occupy it before CCC is issued.

If your building is open to the public, whether for free or payment of a charge, the building cannot be used/occupied until a Code Compliance Certificate is issued, if a Building Consent has been issued for part or whole of the premises.

This is because public premises will generally have systems within the building which contribute to life safety and well- being of the building user. (These systems are called specified systems).

In certain circumstances, it may be possible to apply for a Certificate for Public Use, which will allow a building to be used before the Code Compliance Certificate issued. An application will need to be made on the correct form and has a fee associated with it. Each application will be considered on a case-by-case basis. However, a Certificate of Public Use is not intended as an interim signoff on the building and should not be used as a substitute for a Code Compliance Certificate.

Any building which is open to the public whether for free or payment of a charge, including:

• shopping malls, cinemas
• marae
• camping grounds
• garages and workshops
• funeral homes
• office / retail complexes
• rest homes

Building Act 2004 - 363A Public use of premises may be allowed before issue of code compliance certificate in some circumstances

This will need to be paid before Council can issue the CCC.

Council will raise a final invoice to cover all outstanding costs associated with the balance of fees payable (e.g. processing of any amendments received, additional inspections over and above those determined at the processing stage, development contributions, MBIE or BRANZ Levies, etc).

MBIE (Ministry of Business, Innovation and Employment) and BRANZ levies are statutory charges set by central government and collected by Council on their behalf. These are not Council charges, and the rates are set independently of GDC.

Please refer to the fees and chargesdocument located in building consent section.

You can make payment by bank transfer, debit card or credit card. You may also pay at the counter in the Council’s office at 105 Tainui Street, Greymouth.

If you have any queries, concerns or complaints about Building Consent Authority's building control functions, we encourage you to contact our building team in the first instance to discuss your concerns. If you remain unsatisfied, you can submit a formal complaint under our Building Consent Authority's customer complaints policy.We will acknowledge your complaint and work to resolve it in accordance with our policy.

A determination is a formal decision made by MBIE (the Ministry of Business, Innovation and Employment) under the Building Act 2004. Anyone who has a dispute with a BCA about a decision — including a decision to refuse to issue a CCC or the grounds on which a CCC was issued — may apply to MBIE for a determination.

A determination is independent of Council and is legally binding on all parties. Further information about the determinations process, including how to apply, is available on MBIE’s website.