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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

436: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act

You could also call this:

“Rules for getting a special certificate for old building work done with an old permission”

You need to know about a special rule for code compliance certificates. This rule applies to building work that was done with a building consent given under an old law.

If you want to get a code compliance certificate for this kind of building work, it will be looked at as if the new law (Building Act 2004) hadn’t been made. This means the old rules still apply.

The old rule (section 43 of the old law) is still used, but with some changes. Now, you can only get a code compliance certificate if the council is sure that the building work follows the building code that was in place when the building consent was given. Also, a part of the old rule (section 43(4)) is no longer used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM309320.

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435: Transitional provision for notices issued under former Act, or

“Old notices about fixing buildings are now treated like new notices under the current law.”

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“A rule about how you can get a special paper for building work done without permission in the past”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

436Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act

  1. This section applies to building work carried out under a building consent granted under section 34 of the former Act.

  2. An application for a code compliance certificate in respect of building work to which this section applies must be considered and determined as if this Act had not been passed.

  3. For the purposes of subsection (2), section 43 of the former Act—

  4. remains in force as if this Act had not been passed; but
    1. must be read as if—
      1. a code compliance certificate may be issued only if the territorial authority is satisfied that the building work concerned complies with the building code that applied at the time the building consent was granted; and
        1. section 43(4) were omitted.