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Building Act 2004

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

94: Matters for consideration by building consent authority in deciding issue of code compliance certificate

You could also call this:

“This part explains what a building official must check before they can say a building is safe and follows the rules.”

When you ask for a code compliance certificate, the building consent authority has to think about a few things before they give it to you.

They will give you the certificate if they believe your building work matches what was in the building consent. They also need to make sure that any special systems in the building can work as well as the building consent said they should.

The building consent authority must accept a current certificate from the maker of a modular component as proof that it meets the building consent. They also need to check if any building products or methods used have warnings or bans on them.

If you don’t give the building consent authority a certificate for energy work that was part of your building consent, they can say no to giving you a code compliance certificate for that work.

If you need to pay a development contribution, the building consent authority won’t give you a code compliance certificate until you show them you’ve paid it or have an agreement with the local council about it.

Remember, the building consent authority has to follow these rules when deciding whether to give you a code compliance certificate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306851.

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93: Time in which building consent authority must decide whether to issue code compliance certificate, or

“The building authority has to decide quickly if your building is safe and follows the rules.”

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95: Issue of code compliance certificate, or

“The building authority gives you a special paper when your building follows all the rules, but you might need to pay for it.”

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

94Matters for consideration by building consent authority in deciding issue of code compliance certificate

  1. A building consent authority must issue a code compliance certificate if it is satisfied, on reasonable grounds,—

  2. that the building work complies with the building consent; and
    1. that,—
      1. 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
        1. 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.

        2. In deciding whether to issue a code compliance certificate, a building consent authority—

        3. must accept a current manufacturer’s certificate for a modular component accompanying the application under section 92(3) or (3A) as establishing that the building work to which the certificate applies complies with the building consent; and
          1. must have regard to whether a building product or building method in relation to which a warning or ban under section 26(2) is in force has, or may have, been used or applied in the building work to which the certificate would relate.

            1. If the owner fails to provide to a building consent authority an energy work certificate in relation to energy work in respect of which a building consent has been granted, the failure is a sufficient reason for the building consent authority to refuse to issue a code compliance certificate in respect of the energy work.

            2. If a development contribution has been required to be paid or made under section 198 of the Local Government Act 2002, a building consent authority that is other than the territorial authority that made the requirement must refuse to issue a code compliance certificate in respect of the relevant building work until the building consent authority has received—

            3. evidence that the development contribution has been paid or made by the owner concerned to the territorial authority; or
              1. a copy of a written agreement between the owner and the territorial authority that the code compliance certificate may be issued.

                1. Subsection (1) is subject to subsection (4).

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                  Notes
                  • Section 94(2): replaced, on , by section 31 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).