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Building Act 2004

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

96: Territorial authority may issue certificate of acceptance in certain circumstances

You could also call this:

"You can get a special certificate for building work already done if it meets the building code rules."

You can get a certificate of acceptance for building work that is already done. This can happen if you did the work yourself and did not get a building consent. You can also get a certificate if the work was urgent, as described in section 42, or if certain conditions in section 91 apply.

The territorial authority will only give you a certificate if they think the work meets the building code. They must be satisfied that the work complies with the code before they issue the certificate. This means they will check the work to see if it meets the standards.

You still need to get a building consent for any work you do, even if you can get a certificate of acceptance. This rule does not change because you can get a certificate of acceptance. However, if you get a certificate of acceptance under section 99, you do not need to apply for a building consent for that work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306854.

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95A: Refusal to issue code compliance certificate, or

"The council must explain in writing why they won't give you a building certificate."

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97: How to apply for certificate of acceptance, or

"You need to fill out a special form, provide plans, pay fees, and include other important information when asking for a certificate that says your building work is okay."

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

96Territorial authority may issue certificate of acceptance in certain circumstances

  1. A territorial authority may, on application, issue a certificate of acceptance for building work already done—

  2. if—
    1. the work was done by the owner or any predecessor in title of the owner; and
      1. a building consent was required for the work but not obtained; or
      2. if section 42 (which relates to building work that had to be carried out urgently) applies; or
        1. if subsections (3) and (4) of section 91 (which apply if 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) apply.

            1. A territorial authority may issue a certificate of acceptance only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.

            2. Subsection (1)—

            3. does not limit section 40 (which provides that a person must not carry out any building work except in accordance with a building consent); and
              1. accordingly, does not relieve a person from the requirement to obtain a building consent for building work.

                1. However, if a certificate of acceptance for any work is issued under section 99, it is not necessary for any person to apply for a building consent in respect of that work.

                Notes
                • Section 96(1): replaced, on , by section 10 of the Building Amendment Act 2005 (2005 No 31).
                • Section 96(1)(c): amended, on , by section 5(1) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).
                • Section 96(1)(d): repealed, on , by section 5(2) of the Regulatory Systems (Building and Housing) Amendment Act 2017 (2017 No 11).
                • Section 96(3): amended, on , by section 10(1) of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).
                • Section 96(4): inserted, on , by section 10(2) of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Act 2024 (2024 No 49).