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New Zealand law explained for everyone

Building Act 2004

Building - Code compliance certificates, certificates of acceptance, and compliance schedules - Code compliance certificates

91: Building consent authority that grants building consent to issue code compliance certificate

You could also call this:

“The authority that gave you permission to build is usually the one to say it's done properly, but sometimes another authority can do it if everyone agrees.”

When you get building work done, you need a code compliance certificate to show it meets the rules. The building consent authority that gave you permission to do the work is usually the only one that can give you this certificate. This is like getting a stamp of approval from the same people who said you could build.

Sometimes, you might want a different building consent authority to give you the certificate. This can happen if you and the owner of the building agree, and if the new authority is okay with it too.

If the original building consent authority can’t or won’t give you the certificate, and no other authority will do it either, you have a problem. In this case, you (as the building owner) need to ask for something called a certificate of acceptance. You can find out how to do this in section 96 of the law.

Remember, these rules are the same whether the building consent authority is part of your local council or not.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306847.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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90D: Owner-builder exemption, or

“If you build your own home, you can do certain tricky jobs without needing a special builder to watch over you.”

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92: Application for code compliance certificate, or

“This law explains how you ask for a certificate to show your building work follows the rules.”

Part 2 Building
Code compliance certificates, certificates of acceptance, and compliance schedules: Code compliance certificates

91Building consent authority that grants building consent to issue code compliance certificate

  1. A building consent authority that granted the building consent for building work to which a code compliance certificate relates is the only person who may issue that certificate.

  2. However, another building consent authority may issue a code compliance certificate if the following persons agree:

  3. the owner of the building to which the building work relates; and
    1. the building consent authority that it is proposed will issue the code compliance certificate.

      1. Subsection (4) applies if—

      2. a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent; and
        1. no other building consent authority will agree to issue a code compliance certificate for the building work under subsection (2).

          1. The owner of the building to which the building work relates must apply for a certificate of acceptance under section 96.

          Notes
          • Section 91(3)(a): amended, on , by section 3(5) of the Building Amendment Act 2005 (2005 No 31).