Code Compliance Certificate - Frequently asked questions:
Council has implemented a policy where an application for a Code Compliance Certificate (CCC) will incur the status of “Refused CCC” if we have had to wait more than two months for a response to a request for further information. This is to prevent Building Solutions team members spending excessive time requesting further information and chasing outstanding inspection outcome notices.
What is a Code Compliance Certificate?
A CCC verifies that the building work has been completed in accordance with the consented building plans and the building complies with the Building Code.
Why have I been refused a CCC?
Council is required to make a decision on CCC status and will apply “Refused CCC” status to any property where:
- the building consent was issued more than two years ago and no application for CCC has been received,
- there is insufficient information with your CCC application, or
- the building work did not comply with the consented plans at the time we carried out an inspection.
What are your options?
You are still able re-activate your building consent. You can do this by:
- emailing Council at firstname.lastname@example.org to organise a final inspection when work has been fully completed according to your consented plans; or
- submitting a written request for an extension to your building consent by sending an email to email@example.com. Please ensure you provide your ‘building consent number’ and ‘address/location of building work’ (provided in the header of this letter) as well as the period of time you are requesting the extension for.
Does this mean a Code Compliance Certificate can never be issued?
No. Building Act 2004 Section 93 requires that a Building Consent Authority shall make a decision whether to issue or refuse to issue a Code Compliance Certificate within 20 working days from an application being made under Section 92, or at the expiry of two years after the date on which the building consent was granted, or any further period that may be agreed between the owner and the building consent authority concerned.
What changes after the Code Compliance Certificate has been formally refused?
Only the status of the building consent changes, along with a letter being sent to the owner advising of the decision added to the consent record.
How can an owner obtain a Code Compliance Certificate for a previously refused Code Compliance Certificate?
There is nothing to prevent an owner supplying all the required information, then requesting an inspection towards the possible issue of a code compliance certificate.
What additional information is required for my previously refused Code Compliance Certificate to be revisited?
Information required is usually listed on the last two pages of your issued building consent. Alternatively, your builder, licensed building practitioner or designer should be able to advise you.
What are examples of additional information required prior to an inspection being carried out?
- records of work (applicable to consent numbers starting with the prefix ‘RBW’)
- electrical and/or gas certificates.
- PS3 producer statements (applicable to undertile membrane waterproofing and possibly other unseen building work.
- PS4 producer statements (applicable to engineer designed work, where the engineer specified inspections to be carried out by an engineer during the building work)
- as built drainage and on site effluent disposal system drawings
- fire alarm and sprinkler certificates/commissioning statements (buildings having a Compliance Schedule)
- specified system PS3 signoffs and as builts (buildings having a Compliance Schedule)
- returned and completed FM40 inspection outcome notices (these must be returned signed, with all required supporting information attached)
- if the consent was granted more than five years ago a B2 Durability modification will need to be applied for to amend the durability commencement to the date of practical completion.
What will a final inspection towards issue of a Code Compliance Certificate assess?
- if the building consent was issued under the Building Act 2004 the completed work is inspected against the approved consent documents
- if the building consent was consented under the 1991 Building Act the work is assessed against the Building Code that was current at the time the work was carried out.
If there have been changes to the completed work from the work proposed in the approved documents, then Council will require amended details to be supplied by variation or amendment.
If building work no longer exists, has been demolished, removed, replaced by other consented work, destroyed by fire or other, what then?
Advise the Council in writing, making sure that you reference the correct building consent number and property address, and advise the status of the former building work. This should enable the status of the building consent to be amended as appropriate.
What if the consented building work that has had a refused CCC status notification letter sent is complete and I believe I have supplied all the required information?
Contact Council and let us know so that an inspection can be booked. Please be aware that the status will remain at ‘refused CCC’ until all inspections have passed, and Council has confirmed all requested information has been received and accepted.
Why hasn’t Council dealt with this before now?
There could be a number of reasons why this has not been brought to your attention previously. The requirement has arisen due to a need for the building control authority to be in full compliance with Building Act 2004 Section 93. Reminder letters have been previously sent out with regards to many of the outstanding building consents on record. The owner may have changed since the building consent was issued and/or the final inspection was undertaken.
What happens if I do not obtain a Code Compliance Certificate?
It may have an impact on insurance policies you have. The status of a code compliance certificate decision will be listed on the LIM (Land Information Memorandum) and it may have implications if you ever decide to sell your property. The Building Act 2004 highlights the need to obtain a Code Compliance Certificate following completion of work carried out under a building consent.
What happens if I can’t locate all of the documents I need?
The Building Solutions team may be able to assist and provide guidance should this situation arise. Additional inspections by Council and/or external engineers/building surveyors may be required to verify construction, ongoing durability of a building and compliance with the Building Code.
Do I need a modification of the building code for durability?
In the normal course of events the Code Compliance Certificate is issued at about the same time the work is completed and the durability periods therefore begin from the date of issue of the Code Compliance Certificate. If, however, for whatever reason the Code Compliance Certificate may not be sought until a significant number of years after the completion of the building and the work may be under a building consent issued under the previous act (the Building Act 1991), when the BCA is asked to issue the Code Compliance Certificate it may no longer be satisfied that the building elements will comply with Clause B2.3.1. This is because the building elements have already been in service for a significant period of time, and their durability periods will have been either partly or fully expended. Your building inspector will be able to advise if this is required. For more information refer to the MBIE website (external link) .
I didn’t apply for a CCC. Why did I receive this letter?
As the owner of a building that has received a building consent you can apply for a Code Compliance Certificate when you consider the building work to be complete but, if you have not, after two years Council does have to make a decision regarding the CCC status of your consent. It may be refused for a variety of reasons – for instance, if there is insufficient information with your CCC application; or the building work did not comply with the consented plans at the time that we carried out an inspection.
I submitted my application more recently than two years ago. Why did I get this letter?
Council policy is to allow only two months for the owner to make corrective work to ensure compliance where the building work did not comply with the consented plans at the time we carried out an inspection. This is due to a requirement for all work to be complete according to the approved plans and all paperwork to be submitted with the application. If it takes longer than two months to rectify any concerns, then you were probably not ready to apply in the first place.
Can I please have a copy of the property file for this address?
We can release a copy of the property file for the building consent that your letter relates to. Is this what you would like? Please fill out this form on the website and submit.
How does this affect my insurance or bank loan?
All insurance companies and banks operate differently in this area. They will advise you if they require a CCC on your building for any reason. If they do require you to have a CCC for your building, you are able to book an inspection or a review meeting to determine if you are ready to apply for a CCC.
What will this cost me?
If you have not applied for a CCC in the past this will not cost you any additional money. If you have applied, and after evaluation of your building work Council has decided that it cannot issue a CCC, further applications will cost you based on the processing time and inspections required to complete an evaluation on your new application. Please refer to Council’s Schedule of Fees and Charges for these costs.
I submitted my application for CCC ages ago. I thought it was all sorted!
- CCC Application Received: Council has requested further information on your application. According to the Building Act (Section 98, item 2), your application is suspended when we require further reasonable information.
- No CCC Application Received: Council does not have any record of receiving an application for a CCC relating to this building consent. You will always receive an acknowledgement letter from Council when an application has been received.
Can I please be sent a copy of the outstanding information request so that I can see who it went to and what was missing?
We can send a copy to you, but this request for further information has now expired. Rather than looking at what happened in the past, if you would like to continue with your application, you are better off:
- BC Issued: Ensuring that your building work has been fully completed according to the consented plans and then phoning Council to organise a final inspection
- No BC Issued: Submitting a written request for an extension to your building consent. Please send an email to firstname.lastname@example.org to request your extension providing your ‘Building Consent Number’ and ‘Address/Location of Building Work’ and the period of time you are requesting the extension for.
I returned the additional information you asked for ages ago. I thought it was all sorted!
Council does not have any record of receiving further information for this building consent. You will always receive an acknowledgement letter from Council when an application has been received.
I’ve already put together my paperwork for an application for Code Compliance Certificate. Can you please send me a copy of the information I submitted last time so that I don’t have to try to find it again?
Yes, this is possible. But first we have to establish that you are the applicant or the nominated primary contact on the application.