Code Compliance Certificates (CCC)
What is a Code Compliance Certificate?
A Code Compliance Certificate is a legally recognised document that is issued under section 95 of the Building Act 2004. It verifies that the building work complies with the consented designs and is compliant with the New Zealand Building Code.
Building owners, occupiers or controllers need to ensure any building work affecting public premises has a code compliance certificate, certificate for public use or certificate of acceptance before the part of the premises affected by the building work is used by members of the public.
The issuing of a CCC is the final stage of the building consent process.
How do I apply for a CCC ?
When you are ready to apply for a CCC then Form 6 needs to be filled out and submitted to QLDC through the Sharefile portal. A copy of this form is supplied with your issued building consent with your building project details already completed on the form. If you cannot locate that form you can download a blank one here:
Download Form 6 Code Compliance Certificate Application (PDF, 75KB)
As part of completing the CCC application, the following information will be required:
- Evidence of ownership (certificate of title, lease, sale and purchase agreement)
- Details of authority from the owner if an agent of an owner applies for the code compliance certificate
- Details of the licensed building practitioners who carried out or supervised restricted building work including registration numbers if applicable.
In order to complete the processing of a CCC application, a Final Inspection will need to be booked to assess the acceptability of the completed build work. All previous failed inspections need to be resolved prior to the final inspection being conducted.
If a Final Inspection fails, a new inspection must be booked after the identified issues have been resolved
After a Final Inspection has passed a QLDC Building Inspector will review all required CCC documentation and make a decision on reasonable grounds to issue the CCC.
A QLDC Building Inspector will carry-out the processing of your CCC. As part of this review they will check that the following requirements have been satisfied:
- Form 6 CCC Application Form completed
- BC Conditions satisfied
- All Inspections passed
- Any Amendments approved
- Any Minor Variations approved
- CS23.1 B2 Durability Modification/waiver completed; (Required where BC issued >5 Years ago)
- Any Notices to Fix Addressed
- Any Warnings or Bans Addressed
- Developer Contribution Notice (DCN) Paid
- PS4’s complete
- PS3’s complete
- PS1 (Trusses) provided
- Survey certificate provided
- Energy Certificate provided
Once this information is received and reviewed a decision on reasonable grounds will be made to issue the CCC
What is the Timeframe Involved?
The CCC must be applied for (by the owner or their approved agent) as soon as practicable after the building work has been completed.
Once the Council is satisfied on reasonable grounds that the completed project complies with the approved building consent documentation it will issue your CCC within 20 working days, providing all the required information has been supplied. If the required information has not been supplied, you will be advised to provide the information, and the timeclock will be stopped until it is received.
Two Year Requirement
The owner has 2 years to apply for a CCC from the date the building consent was granted. If an extension to this timeframe is required the owner may request this. If a CCC has not been requested 23 months after the granting of the consent, QLDC will generate a letter which is sent to the applicant seeking their confirmation about the status of the building work.
If a response is received from the owner then a decision is made about the status of the consent, and what further actions are required. These may include:
- An extension of time granted to complete the work ( confirmation letter will be sent to owner)
- A final inspection process initiated as a result of the work being completed
- Refusal to issue CCC (advice letter sent to owner in accordance with section 95(a)) (could also result in notice to Fix)
If a response is not received, at the expiry of 24 months after the consent was granted QLDC will examine the records associated with the building consent file to determine the status of the work.
If work has commenced, but no notification has been provided to QLDC by the owner, then a determination will be made as to whether an inspection is required to obtain an accurate assessment of the status of the work in progress. Based on this inspection result an appropriate decision shall be made relating to the ongoing status of the consent.
Extensions and Modifications to Durability
If owners need significantly longer than 2 years to complete the building work they can apply for an extension of time to issue a CCC at the completion of the work. These are considered on a case-by-case basis. QLDC must be satisfied that the durability lifespan of the various products used in the build have not been significantly reduced due to the extended time period of the build.
You may be required to complete a form to modify the original building consent to take account of the extended period of construction from it’s date of issue when you apply for the CCC.
Download CS 23.1B2 Modification Durability BC Application (58.02 KB) (PDF, 14KB)
If I take too long will I have to comply with new building codes?
For building consents that were issued under the Building Act 1991 (prior to 31 March 2005), the test which must be applied when considering whether to issue a CCC is whether the building work concerned complies with the building code that applied at the time the building consent was granted. This means if the building code has subsequently been amended since the building consent was granted it is not mandatory to have upgraded to that new requirement in order to obtain a CCC.
For building consents issued under the Building Act 2004 (after 31 march 2005) the substantial test is that building work complies with the consent documentation. This test therefore also means it applies to the code at the time the work was consented.
Lapse of Building Consent (only if work has not commenced)
Section 52 of the Building Act 2004 states that a Building Consent lapses and is of no effect if the building work to which it relates is not commenced within 12 months from date of issue (or any further period that the Building Consent Authority may allow).
For this reason, at 11 months after the issue of the consent (if we have no record of work commencing) we send out a monitoring letter, advising the nominated contact person that this point in time is nearing, The letter asks the contact person to either advise that work commenced or alternatively apply for an extension to the 12 month period. If no response is received, the consent will be given a status of “lapsed” and shall have no effect. A new consent would need to be obtained if the work were to take place in the future.
Certificate for Public Use (CPU)
A Certificate for Public Use (CPU) can be issued by the Council if it is satisfied that a premises is safe for members of the public to use, before a CCC is issued.
You can only apply for a CPU if a building consent has been granted and you will still need to apply for a CCC once the building work has been completed.
You must have a CPU if the general public are to have access to all or parts of the building (either during construction or on completion) before a CCC is issued. If you don't have a CPU you could face significant fines if members of the public are allowed access to the premise.
Anyone who owns, occupies or controls premises intended for public use may apply for a CPU. To apply for a CPU you need to download and complete the Form 15 application as well as the CPU Checklist. A CPU inspection will also need to be booked to allow a Building Inspector to assess whether the building is safe for public use.
For further information on CPU's please click here.