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Code Compliance Certificates

Tiwhikete Tūtohi

A Code Compliance Certificate (CCC) is the final certification confirming that the BCA is satisfied on reasonable grounds that all work undertaken complies with the building consent. You must apply for a CCC after all work has been completed. This is an important document and should be retained for future reference.

A CCC can be withheld until any outstanding fees for the likes of additional inspections have been paid. Fees can be paid online or at the Council offices.

When a project is complete, you must apply for a final inspection and a CCC. This certificate confirms that the BCA is satisfied on reasonable grounds that the work complies with the building consent.

If you don’t get a CCC in a timely manner, it can be difficult to sign off later. The issuing of a CCC is the final stage of the building consent process. However, in some cases this final step is overlooked. Many homeowners only discover their building work has no CCC when they decide to sell. Some banks won’t lend against a property if there is no formal sign-off for building work, and some insurance companies won’t cover building work if it doesn’t have a CCC.

How to Apply for a CCC

An application for CCC can be made through the Objective Build Portal. In order to provide a complete application, you will need (as a minimum):

  • Electrical completion certificate (if applicable)
  • Gas works certificate (if applicable)
  • Proof of Ownership/Record of title
  • Information to demonstrate that installed specified systems meet the performance standards identified in the building consent.

In addition, the BCA would have identified several documents to support the CCC decision process. These are listed on your required items letter that accompanied your building consent, the list is also published in Objective Build.

Once your application is accepted the BCA has 20 working days to decide whether to issue a CCC. The BCA will complete an inspection if a final inspection has not already occurred. All inspection records and supplied documentation is reviewed by an officer within the 20-day period, if further information is required a notification is sent to the applicant and the clock is paused. If a response to the request is not received the CCC will be refused.

The CCC can only be issued once the BCA is satisfied on reasonable grounds that the work complies with the consent.

Older Building Consents

You may have completed building work on a consent that has already had a CCC refused or has not had a decision made. In these cases the CCC decision is made by the TA rather than the Building Consent Authority, however the process for application is the same.

In cases where are CCC decision is sought for older work, we will assess the history of the consent and scope of any further inspection requirements. We may also advise that a durability modification amendment is required.

What is a durability modification?

S67 of the building Act enables the TA to modify aspects of the building code as it relates to a specific building consent. A durability modification is a change to B2 of the Building Code in that the effectual start date of the statutory durability timeframes identified in B2.3.1 are ‘back-dated’ to an agreed date between the applicant and the council. This date could be the last known inspection or contact with council. Durability modifications are requested as an amendment to the building consent and will be notified to MBIE.

Even if a durability modification amendment is granted the building work must still be compliant at the time the CCC is considered.

In some cases, the BCA may accept a producer statement from a suitably qualified person. A producer statement is a document declaring a professional opinion.

A producer statement for design (PS-1) has, in the past, been accepted in the processing of a Building Consent which clearly identifies the intent of the design and construction details required for completion.

Details of your consent may need to be peer reviewed by a Chartered Professional Engineer (CPEng) and they will need to supply a Design Review Producer Statement (PS-2). Council can complete this process for you, or you can elect to have the structural design reviewed by another BCA approved engineer. All costs are the responsibility of the owner.

When is a peer review required?

Design outside the scope of the acceptable solution may need a peer review in order for the BCA to be satisfied on reasonable grounds. There is some discretion in the consideration of the requirement for a peer review including; impact of failure, engineers reputation and value/scope of building work.

To ensure the process is independent, the BCA must accept your reviewing engineer prior to the review occurring. Peer reviews provide greater confidence for all stakeholders that the resulting work will be compliant and safe.

Construction Monitoring (CM)

During design or consent processing a requirement for construction monitoring can be identified. Construction monitoring involves further inspections or documentation review by specialists as the work is completed.

If your project includes CM, a Construction Review (PS4) should be issued to assist the BCA in making compliance decisions for that part of the work. A complete construction review will include copies of all inspection reports, site notes and photos for the project taken during construction.

The owner can choose not to pursue a CCC at any time. If so, the Council will not take further action unless it becomes aware that the building work is potentially dangerous or insanitary as defined in the Building Act. Fees must be paid for work already carried out.

Council will provide you with a reason in writing to justify their decision made under s95A of the Building Act, if you do not aggree with the decision you may provide additional information and reapply to have the process restarted or seek a determination from MBIE.

For building consents that were issued under the Building Act 1991 (prior to 31 March 2005), the test which must be applied when considering whether to issue a CCC is whether the building work concerned complies with the building code that applied at the time the building consent was granted. This means if the building code has subsequently been amended since the building consent was granted it is not mandatory to have upgraded to that new requirement in order to obtain a CCC.

For building consents issued under the Building Act 2004 (after 31 March 2005) the substantial test is that building work complies with the consent documentation. This test therefore also means it applies to the code at the time the work was consented.

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