Commercial

Commercial Application

The Building Act 2004 can be complex especially when considered with other legalisation.  We are here to help you through the building consent process.

We recommend that you engage an experienced professional (e.g. an architect or draughtsperson) to help with design work, drawings, specifications and documentation before applying for a building consent.


Required Documents

These documents must be submitted with your building consent for a commercial project;

Select one of the following checksheets

 

Additional forms and information as appropriate

 

If the building consent has specified systems please supply an application form and the appropriate specified system forms;

Select one of the following;

Supply specified system forms as appropriate

 

Producer Statement Design Review (PS2)

In some higher risk applications, the BCA may require the design to be validated by a PS2.

Due to complexities raised in recent building failures and limitations of technical expertise within the BCA we require a PS2 to verify compliance for some structure, fire and façade designs.

  • PS2 required for B1 – Structure in the following cases
    • retaining structures over 5m in height
    • new buildings and significant alterations to buildings with importance levels 3, 4 and 5
    • new buildings greater than 5 levels above ground
    • structures containing structural member spans greater than 20 m
    • untested alternative solutions for structural designs
    • other buildings the BCA deems of a complex nature
  • PS2 required for C1-C6 – Fire in the following cases
    • Alternative solutions to buildings listed in section 75(1) Fire and Emergency New Zealand Act,
    • the gathering together, for any purpose, of 100 or more persons
    • providing employment facilities for 10 or more persons
    • providing accommodation for 6 or more persons (other than in 3 or fewer household units)
    • a place where hazardous substances are present in quantities exceeding the prescribed minimum amounts, whatever the purpose for which the building is used
    • providing an early childhood education and care centre (other than in a household unit)
    • providing nursing, medical, or geriatric care (other than in a household unit)
    • providing specialised care for persons with disabilities (other than in a household unit)
    • providing accommodation for persons under lawful detention
  • PS2 required for E2 – External Moisture in the flowing cases 
    • Where the proposed means of compliance is achieved via,
      • E2/VM1 or E2/VM2 and
      • greater than 10m in height and
      • contains more than 10 household/accommodation units.

Compliance Schedules

What are Specified Systems?

Specified Systems help ensure a building is safe and healthy for people to enter, occupy or work in.

Buildings that contain certain safety and essential systems, known as Specified Systems, need a Compliance Schedule.

They require ongoing inspection, maintenance and reporting based on procedures to ensure they function as required. If they fail to operate properly, they have the potential to affect health or life safety.

What is a Compliance Schedule?

A Compliance Schedule is formal document required by the Building Act 2004, which lists:

  • A building’s Specified Systems, and
  • The inspection, maintenance and reporting procedures needed to keep them in good order.

All buildings, other than single residential buildings, require a Compliance Schedule and annual Building Warrant of Fitness (BWOF), if they contain:

  • Automatic systems for fire suppression (for example, sprinkler systems)
  • Automatic or manual emergency warning systems for fire or other dangers
  • Electromagnetic or automatic doors or windows (for example, ones that close on fire alarm activation)
  • Emergency lighting systems
  • Escape route pressurisation systems
  • Riser mains for use by Fire and Emergency New Zealand (FENZ)
  • Automatic backflow preventers connected to a potable water supply
  • Lifts, escalators, travelators or other systems for moving people or goods within buildings
  • Mechanical ventilation or air-conditioning systems
  • Building maintenance units providing access to exterior and interior walls of buildings
  • Laboratory fume cupboards
  • Audio loops or other assistive listening systems
  • Smoke control systems
  • Emergency power systems for, or signs relating to, a system or feature specified for any of the above systems or features
  • Any or all of the following features:
  • All buildings that have a cable car, including single residential buildings, must also have a compliance schedule.
      • Systems for communicating spoken information intended to help evacuation
      • Final exits (as defined by clause A2 of the building code)
      • Fire separations
      • Signs for communicating information intended to facilitate evacuation
      • Smoke separations

How do I apply for a Compliance Schedule?

Certain information on proposed Specified Systems is required when applying for Building Consent including performance and installation standards.

Updated and more comprehensive information is required for a Code Compliance Certificate (CCC), ensure all fields are completed.

Prior to, or at the time of the application for a CCC, the owner (or an agent on their behalf) must have completed a Compliance Schedule application, if required.

An application can be raised for a new Compliance Schedule (Form 27 or 27R) or for the amendment to an existing one (Form 11) on QLDC forms.

As well as completing an application forms, a form for each Specified System listed in the application needs to be completed.  At time of CCC we may need more information to demonstrate compliance such as built plans, producer statements and certification.  Typically this will be identified on your consent documents.

Issuing a Compliance Schedule

QLDC issues the Compliance Schedule confirming the inspection, maintenance and reporting procedures to be followed to keep these specified systems in good working order.

Along with the Code Compliance Certificate, the owner gets:

  • A copy of the Compliance Schedule
  • A Compliance Schedule Statement (which is the document to be displayed in a public place within the building for the first 12 months, after which it is to be replaced by a Building Warrant of Fitness - BWOF)
  • A letter providing information about the anniversary date by which the BWOF is to be supplied each subsequent year, and details about the requirement to engage a suitably authorised Independent Qualified Person (IQP) to certify the ongoing performance of the Compliance Schedule features.

 

Certificate of Public use

What is it?

A Certificate for Public Use (CPU) means premises intended for public use meet minimum safety requirements to open before a Code Compliance Certificate is obtained.

A Certificate for Public Use may be granted and issued if the inspected premises are determined safe for members of the public to use, and the required application and supporting documentation support this.

An application can be for a part or all of the premises.

Limitations

A Certificate for Public Use application and issue does not replace the requirement for a separate Code Compliance Certificate (CCC) to be applied for and issued.

Building owners should apply for a Code Compliance Certificate in preference to a Certificate for Public Use.

Certificates for Public Use should be for extenuating circumstances. They will be issued where it can be clearly demonstrated that applying for Code Compliance Certificate prior to intended opening or access is not an option.

How to prepare

  • This option must be prepared and applied for well in advance, to avoid delays in opening.
  • Builders and building owners frequently do not research the Certificate for Public Use process and legislation thoroughly enough. 
  • Often they are late to apply for a Certificate for Public Use.
  • A Certificate for Public Use can only be applied for if a Building Consent was granted.
  • QLDC cannot allow buildings intended for public use to be accessed, occupied or used, unless demonstrated safe for use.
  • Manage supporting documentation, checklists and certificates in advance to assist in applying for a CPU and CCC.

Consequences

If premises or part of premises for public use are being used without a CPU or CCC issued, the result can be a conviction and fine of up to $200,000.

Further fines are up to $20,000 for every day the offence continues. 

How long does processing take?

Applications should be processed within 20 working days, after passing initial screening.

Incomplete or supplementary information needs will lead to requests for information that delay processing, and stop the processing clock.

The processing clock stops between 20 Dec 19 and 10 Jan 19 by legislation. Applicants should plan on limited processing during this period.

CPU inspection

After initial application screening and processing, a CPU inspection will need to be requested for booking, and passed.

The recommended timeframes for requesting the booking of CPU inspections are the same as for other building inspections.

A Building Control Officer will conduct the inspection, under their strict criteria, and advise of the decision to pass or fail the inspection element.

After CPU Issued

A Code Compliance Certificate (CCC) still needs to be applied for once the building work has been completed to the requirements of the Building Consent and the Building Code.

More Information

See more information on MBIE website - requirements for public access while building or altering a public building

Applying

The application process and request for inspection booking takes time. It should be considered well ahead of intended opening.

Anyone who owns, occupies or controls premises intended for public use may apply for a Certificate for Public Use.

Download and complete both these documents. The check sheet needs to be completed to confirm all the required information is provided:

After submission, the application and supporting documents are initially screened for minimum processing requirements.