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Building Act 2004

Miscellaneous provisions - Transitional provisions - Other transitional provisions

437: Transitional provision for issue of certificate of acceptance

You could also call this:

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

This law explains when you can get a special document called a certificate of acceptance for building work done before this law started. You can get this certificate in two situations:

If you or someone who owned your property before you did some building work without getting permission first, even though they needed it under the old rules.

If someone called a building certifier can’t or won’t give you a building certificate or a code compliance certificate for work that was approved before this law began.

If either of these things happened, you can ask your local council (called a territorial authority) to give you a certificate of acceptance. They might say yes.

When the council is deciding whether to give you this certificate, they will follow some rules from other parts of the law. These rules are in sections 96(2) and (3) and 97 to 99.

The law also says that when it talks about a building certifier, it means someone who asked to be registered and is now registered as a building consent authority under section 191.

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 It might be out of date or be missing some parts.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=DLM309321.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
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436: Transitional provision for code compliance certificates in respect of building work carried out under building consent granted under former Act, or

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

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438: Transitional provision for code compliance certificates and compliance schedules issued under former Act, or

“Old building safety papers still work with the new rules”

Part 5 Miscellaneous provisions
Transitional provisions: Other transitional provisions

437Transitional provision for issue of certificate of acceptance

  1. This section applies if—

  2. an owner, or the owner's predecessor in title (whether an immediate predecessor in title or otherwise), carried out building work before the commencement of this section for which—
    1. a building consent was required under the former Act; and
      1. the building consent was not obtained; or
      2. a building certifier is unable or refuses to issue either of the following in respect of building work for which a building consent was issued before the commencement of this section:
        1. a building certificate under section 56 of the former Act; or
          1. a code compliance certificate under section 95.

          2. A territorial authority may, on application, issue a certificate of acceptance.

          3. For the purposes of subsection (2), sections 96(2) and (3) and 97 to 99 apply with all necessary modifications.

          4. A reference to a building certifier in this section includes a reference to a building certifier that applied for registration, and is registered, under section 191 as a building consent authority.