Code Compliance Certificate & Public Use Certificate

Code Compliance Certificate & Certificate of Public Use

An owner must apply for a Code Compliance certificate once all consented building work has been completed. The application must be made as soon as practicable after this work has been completed, and in the prescribed form. The Code Compliance application form can be accessed via Objective build here. All relevant sections of the form must be completed including the date the project was completed, property details, specified systems for commercial consents, owner and agent details as well as licensed building practitioner and all other construction documentation as detailed within your approved Building Consent documentation.

A Code Compliance Certificate (CCC) is issued when a job is finished and the Council is satisfied building and plumbing work under the consent complies with:

• the New Zealand Building Code at the time of issue of the building consent (for consents issued prior to 31 March 2005).
• the building consent, for consents issued from 31 March 2005.

When you apply for a Code Compliance Certificate you need to give names and contact details for all people involved in your project -  e.g. builders, plumbers, engineers. If the project involved restricted building work, the licensed building practitioner must supply a ‘Memorandum from Licensed Building Practitioner: Record of building work’ on completion of the work to both the owner and Council. This form can be downloaded from the Ministry of Business, Innovation and Employment, Building and Housing Group website.

You may also be required to supply supporting documentation such as Energy Work Certificates or a PS4 (Engineer’s producer statement) before the certificate can be issued.

Your application will be processed within 20 working days, unless additional information is required. As with the Building Consent, the 20-day clock will be paused when we request any additional information and will be restarted once we receive all the requested information. 

We may be unable to issue the certificate if any of the required inspections have been missed or the required producer statements cannot be provided.  Without a Code Compliance Certificate, you may experience difficulties insuring your property or selling it in the future.

Long delays between when the building work is completed and when the certificate is applied for can cause complications, delays, additional fees and other unnecessary expenses for homeowners.

In some circumstances we may refuse to issue a Code Compliance Certificate, for example if we are unable to determine whether the building work has been completed in accordance with the Building Code or where you fail to supply the required documentation.

If your Code Compliance Certificate is refused, you have a right of appeal against our decision by applying to the Ministry of Business Innovation and Employment for a determination under section 177 of the Building Act 2004. ​​

The Building Consent authority is satisfied on reasonable grounds the code compliance certificate can be issued provided that:

• the building work complies with the building consent
• If a compliance schedule is required, the specified systems in the building are capably of preforming to the performance standards.
• Existing compliance schedule, the specified systems in the building are capably of preforming to the performance standards.
• Whether a building method or product to which a current warning or ban under section 26(2) has or may have, been used or applied in the building work to which the certificate relates.
• Development contributions have been paid (if applicable)
• Energy works certificates have been provided.

When Premises for Public Use can be Occupied  

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. 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 is issued. Each application will be considered on a case-by-case basis.  The Application for Certificate for Public Use can be applied for online below.

Your application will be assessed and your premises inspected to ensure public safety during the building project. Certificate for Public Use applications will be charged based on the actual time spent processing the application and inspecting the premises.

What are Public Premises? 

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, etc.

What are Certificates for Public Use?

If a building consent has been granted for public use premises  but no Code Compliance Certificate has been issued Council may issue a Certificate for Public Use for the premises or part thereof if it is satisfied on reasonable grounds that members of the public can use the premises safely. The provision of the certificate does not relieve the owner from applying for a Code Compliance Certificate when the building work is complete. The Building Act 2004 requires Council to process Certificate for Public Use applications (if not suspended for further information) within 20 working days. You can apply for a Certificate for Public Use below.

115 Code Compliance Requirements: Change of Use

An owner of a building must not change the use of the building -

(a) in a case where the change involves the incorporation in the building of 1 or more household units where household units did not exist before, unless the territorial authority gives the owner written notice that the territorial authority  is satisfied on reasonable grounds, that the building, in its new use, will comply, as nearly as is reasonably practicable, with the building code in all respects; and

(b) in any other case, unless the territorial authority gives the owner written notice that the territorial authority is satisfied, on reasonable grounds, that the building, it its new use -

(i) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following:

(A) means of escape from fire, protection of other property, sanitary facilities, structural performance, and fire-rating performance:

(B) access and facilities for perople with disabilities (if this is a requirement under section 118); and

(ii) will, -

(A) if it complied with the other provisions of the building code immediately before the change of use, continues to comply with those provisions; or

(B) if it did not comply with the other provisi5ons of the building code immediately before the change of use, continue to comply at least to the same extent as it did then comply.

116A Code Compliance Requirements: Subdivision

A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purpose of giving effect to a subdivision affecting a building or part of a building unless satisfied, on reasonable grounds, that the building—

(a) will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to the following matters:

(i) means of escape from fire:

(ii) access and facilities for persons with disabilities (if this is a requirement under section 118):

(iii) protection of other property; and

(b) will,—

(i) if it complied with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply with those provisions; or

(ii) if it did not comply with the other provisions of the building code immediately before the application for a subdivision was made, continue to comply at least to the same extent as it did then comply.

Certificate for Public Use Application