Compliance Schedules and Building Warrant of Fitness

What is a Compliance Schedule?

A Compliance Schedule is a document issued by the BCA for buildings that contain specified systems.

Specified systems include:

  • automatic systems for fire suppression;
  • automatic or manual emergency warning systems for fire or other dangers;
  • electromagnetic or automatic doors or windows;
  • emergency lighting systems;
  • escape route pressurisation systems;
  • riser mains for use by fire services;
  • automatic back-flow preventersconnected to a potable water supply;
  • lifts, escalators, travellators, or other systems for moving people or goods within buildings;
  • mechanical ventilation or air conditioning systems;
  • building maintenance units providing access to exterior and interior walls of buildings;
  • laboratory fume cupboards;
  • audio loops or other assistive listening systems;
  • smoke control systems; and
  • emergency power systems for, or signs relating to, a system or feature specified for any of the above.

From 31 March 2008, a single household unit requires a Compliance Schedule, if it contains a cable car or is serviced by a cable car.

A Compliance Schedule lists the systems and features, including the inspection, maintenance and reporting procedures needed to keep them in good working order. A Compliance Schedule must be kept onsite and made available to building officers, Independent Qualified Persons (IQPs), Licensed Building Practitioners (LBP) and authorised agents.

What is a Compliance Schedule Statement?

A Compliance Schedule Statement is issued at the same time as the Code Compliance Certificate by the BCA and lists the specified systems within the building. It must be replaced in 12 months with a Building Warrant of Fitness (BWOF), which is issued by the building owner.

How do I obtain a Compliance Schedule?

A Compliance Schedule must be applied for at the same time a Building Consent Application is made and will be issued with a Code Compliance Certificate if a new building has one or more specified systems. If an existing building has a Compliance Schedule and if during alteration an existing specified system is removed or new systems are installed, then the Compliance Schedule will be amended and a copy of this will be issued with the Code Compliance Certificate.

What information do I need if I am applying for a Compliance Schedule?

Your designer should provide you with information relating to the performance standards for each specified system contained within the building at the time of application for a Building Consent. These performance standards are required to identify the inspection, maintenance and reporting procedures required for each system.

Can I be prosecuted for not obtaining a Compliance Schedule or if my Building Warrant of Fitness has expired?

Yes, depending on the alleged offence the fine ranges from $20,000 to a maximum of $200,000.

What is a Building Warrant of Fitness (BWOF)?

A BWOF(Form 12) is a statement issued by the building owner to Council stating that the requirements of the Compliance Schedule have been fully met.

The BWOF must have attached to it all Certificates of Compliance issued by the IQP or LBP. These documents must be issued in the prescribed form (Form 12A) and certify that the inspection, maintenance and reporting procedures stated in the Compliance Schedule, have been fully complied with during the previous 12 months.

The BWOF must be re-issued to Council on the anniversary of the issue of the Compliance Schedule (every 12 months) for the life of the building.

What Documents should I keep regarding the Building Warrant of Fitness?

You are legally required to obtain written reports relating to the inspection, maintenance and reporting procedures of the Compliance Schedule. These should be signed by the IQP or LBP who has carried out any of the listed procedures, (inspection, maintenance or reporting).

You are required to keep all reports for a period of 2 years and produce these for inspection when required.

Complaints

What happens if I am unhappy about any decision made by the BCA?

A customer has a right to appeal or to complain about any building control function the BCA undertakes, have this heard and resolved.

Complaints provide feedback about service experience and give us the opportunity to improve our performance.

A complaint in relation to building control is defined as a complaint about:

  • meeting statutory time frames;
  • lodgement or vetting of Building Consent applications;
  • processing of Building Consent applications;
  • inspection of work under construction;
  • issuing of a Notice to Fix;
  • issuing of Code Compliance Certificates;
  • issuing Compliance Schedules;
  • failure to provide appropriate information or advice;
  • Fees and Charges; and
  • failure to meet legislative or Building Code requirements.

How do I make a complaint?

You can make a complaint in person; however it must be accompanied in writing. Complaints not made in writing or made anonymously will not be actioned.

Complaints or Appeals should be addressed to:

Building Team Leader
Kaipara District Council
Unit 6
6 Molesworth Drive
Mangawhai 0505

What information is required?

  • date incident occurred
  • nature of complaint (vetting, lodgement, inspection, Notice to Fix, Code Compliance Certificate or Compliance Schedule)
  • copies of any supporting information (if applicable)
  • relationship (customer, regulator or stakeholder)
  • name and contact details.

How long does it take?

All written complainants will be responded to within 72 hours of the receipt of the complaint at which time you may be asked whether you wish to be heard in relation to the complaint or to provide further information.

Do I have a Right of Appeal?

Yes, if you do not agree with the outcome you may request a review of the decision. All appeals must be made in writing setting out the reasons why you disagree with the decision.

What else can I do?

If you are still unhappy or choose to use an alternative route to settle a matter of doubt or dispute you may apply to the MBIE for a Determination. Visit www.dbh.govt.nz for further information on this service.

Dams

Contact Northland Regional Council for all building consent information relating to all dams, small and large. (www.nrc.govt.nz)