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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:

“ The local council can give you a special paper for buildings that were put up without asking first, as long as they follow the rules. ”

You can ask your local council to give you a certificate of acceptance for building work that’s already been done in certain situations. This can happen if you or someone who owned the property before you did the work without getting a building consent when you should have. It can also happen if the work had to be done urgently, as described in section 42. Another situation is if the authority that gave the building consent can’t or won’t give a code compliance certificate, as explained in section 91.

Your local council can only give you a certificate of acceptance if they believe the work follows the building code. They need to have good reasons for thinking this, based on what they can find out about the work.

Remember, this doesn’t mean you can do building work without a consent. You still need to get a building consent before you start work, as required by section 40. Getting a certificate of acceptance doesn’t change this rule.

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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.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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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 2 Building
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. This section—

            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.

                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).