What is a Code Compliance Certificate?
A code compliance certificate (CCC) (also referred to as Form 7) is a formal statement issued under section 95 of the Building Act 2004, that building work carried out under a building consent complies with that building consent and the building code.
A code compliance certificate gives you and future owners an assurance that the building work was done to the appropriate standards, making it safe, healthy and durable.
How do I apply for a code compliance certificate (CCC)?
The owner is responsible for applying for a CCC when all work has been completed. A CCC needs to be applied for online using the same system as the building consent application and referencing the building consent number assigned by the Building Consent Authority (BCA). If you are unable to apply online and need assistance with a hard copy application form, please contact one of our team members at Kaipara District Council who will be able to assist you on ph: 0800 727 059 or by emailing buildingsupport@kaipara.govt.nz
The code compliance certificate application may also be referenced as Form 6.
A CCC is issued when the BCA is satisfied on reasonable grounds that the completed building work complies with the building consent and building code.
The cost of a code compliance certificate is included in the original cost of the building consent application, as referenced under Council’s fees and charges which are featured on our website.
If the building has specified systems such as fire alarms, sprinklers and elevators that have been added, altered, or removed as part of the building consent, the compliance schedule will be issued with the CCC.
When you apply for a CCC you must attach (if applicable) supporting documents listed below:
(a) Records of work (memoranda) from licensed building practitioner(s) (LBPs) for restricted building work they carried out or supervised.
(b) Producer statements - PS4 (construction review).
(c) Certificates relating to energy work (if nominated as part of the consent) (e.g., gas and electrical certificates).
(d) Completed specified system forms.
(e) Evidence that specified systems are capable of performing to the performance standards set out in the building consent.
Council has 20 working days to decide whether to refuse or grant and issue a code compliance certificate.
Processing and issuing a code compliance certificate
Council is required under the statutory timeframe to decide whether to issue or to refuse to issue a Code Compliance Certificate within 20 working days.
During processing of an application for CCC, the statutory time clock will be stopped if we have issued a request for further information (RFI). You will be notified in writing of the required information. The statutory time clock will restart again on receipt of all the required information. The CCC will be issued once the BCA is satisfied on reasonable grounds that the building work complies with the building consent and building code.
The BCA will consider, in accordance with Section 94 of the Building Act 2004, the following matters when deciding to issue code compliance certificate (CCC);
(a) 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.
In deciding whether to issue a code compliance certificate, a BCA must consider 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 the BCA with an energy work certificate in relation to energy work associated with the approved building consent, the failure is a sufficient reason for the BCA to refuse to issue a code compliance certificate.
Code compliance certificates are issued to the person nominated on the CCC application form.
Can a CCC be refused?
A code of compliance can be refused if:
a. the building work is not complete, or
b. we do not have adequate evidence that the building work complies with your approved building consent, or
c. if energy works certificate(s) are not supplied, or,
d. producer statements as identified on the building consent as required documents or through construction have not been provided, or
e. payment of Development Contributions remain outstanding.
The building officer undertaking the final inspection will talk through the process with you and give you advice on what you need to do.
The BCA will provide written notice of the refusal and the reasons behind it. A refusal does not prevent a future application if the reasons for the initial refusal are addressed.
What are reasonable grounds?
The BCA carries out an assessment on site at the final inspection and inspects the building work to ensure it has been completed in accordance with the approved building consent. The inspector will check that all previous inspections have been passed. Any required documentation that the BCA needs to assist in making a decision whether to issue CCC must be provided. This will include any Energy certificates, LBP records of work, producer statements, as-built drainage plans etc.
Commercial applications with specified systems will require certification documents that confirm these specified systems are working. Please refer to the consent conditions and advice notes stated on the approved building consent (Form 5).
Two year decision limit
If an application for a CCC has not been made within two years of the date that the building consent was granted, or any further period agreed, the BCA must make a decision whether to issue or refuse to issue the CCC.
If you are unable to request a Code Compliance Certificate (CCC) two years after the grant date of the building consent, an extension of time request to commence/ complete the building work should be made to the BCA.
The Building Act provides for a CCC to be issued despite an owner’s failure to apply (section 93(2)(b)) and places an obligation on the BCA to make this decision. When deciding whether to issue, or refuse to issue, a CCC where no application for a CCC has been made within two years of granting the consent, the BCA will consider whether the building work complies with the building consent (along with the other matters set out in section 94) based on the information available to the BCA.
What is a refused Code Compliance Certificate?
A building consent authority (BCA) must decide whether to issue a code compliance certificate for building work to which a building consent relates within 20 working days:
a. of receiving a CCC application (or as referenced in point (c) below), or
b. any further period after the date that may be agreed between the owner and the building consent authority concerned
c. if no application is made, the expiry of:
i. 2 years after the date on which the building consent for the building work was granted; or
ii. any further period that may be agreed between the owner and the BCA.
The BCA may, within the period specified above, 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.
If the BCA decides to refuse to issue a code compliance certificate, it will provide you with written notice of the refusal and reason why.
For a detailed explanation of the Code Compliance Certification process please refer to MBIE link below: Issuing code compliance certificates (CCC) | Building Performance
What about issuing a CCC for BC's issued under the 1991 Act or that have not been issued by Council?
Providing the BCA is satisfied the building work has been constructed to comply with the Building Code 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.
If the BCA 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 the Ministry of Business Innovation and Employment (MBIE) and obtain a Determination. See the Determinations section
