Building Warrant of Fitness

Building Warrant of Fitness (BWOF)

What is a BWOF?

A Building Warrant of Fitness (BWOF) is a declaration by the building owner stating that the Specified Systems have been maintained in accordance with the Compliance Schedule.

A building Warrant of Fitness is required to be issued on or before the Expiry date of the BWOF each year.

Failing to produce a BWOF can lead to all sorts to legal and Invalid insurance issues. Other concerns are building consents where the Code of Compliance Certificate (CCC) has never been applied for or the property is operating without a valid CPU.

Building Warrant of Fitness (BWOF) Information

What are the Owners Obligations?

Section 101 of the building act provides that the Owner of the building for which a compliance schedule is required under section 100 must obtain a compliance schedule. Failing to do is an offence carrying a fine up to $20,000, and further $2000 for every day that the offence is continued, Owners are responsible of knowing what specified systems are installed in their buildings and that these are listed correctly on their Compliance schedule.

Owners are responsible to Ensure:

-  Each of the specified systems are performing and will continue to perform to the performance standard.

-  Provide the Council with an annual BWOF on the anniversary of the BWOF Renewal date on the compliance schedule. Accompanied with a Form 12A from an IQP For each specified system and any recommendations of amendment to the compliance schedule.

-  Compliance schedule should be kept at the place stated on the schedule.

-  The compliance schedule is available for inspection by any person or organisation with the right to inspect the building under the ACT.

-  For the first 12 after the compliance schedule is issued that the compliance statement is displayed in a public place within the building and after 12 months that the BWOF is displayed

-  Obtain annual written reports relating to the inspection, Maintenance and reporting procedures of the compliance schedule

-  Annual reports together with the compliance schedule to be kept for a period of 2 years and produce these reports when required.

Recommendation to owners:

-  Engage with an IQP from the Day that the compliance schedule is issued

-  Advise the Council if the IQP will be your agent and if they are to receive all communication with the owner.

-  Letters in Lieu will not be accepted for SS1 /SS2 and all other systems will be agreed on by council on a case by case.

Email documents or contact us for further information at buildingWOF@qldc.govt.nz

Building Warrant of Fitness (BWOF) Audit Information

The Building Act 2004 allows council to undertake auditing of building’s warrant of Fitness (BWOF). These audits are to ensure the Warrant of fitness is procedures are in place, the compliance schedule is accurate and that the building owner is fulfilling his obligations.

These Audits can take once a year or as appropriate according the complexity of the building. The audit will involve an onsite inspection of the building, and a review of the maintenance records of the specified systems on your compliance schedule.

Sections 100 to 108 of the Building act 2004 outlines the owners obligations to ensure that the compliance schedule is up to date, the inspection maintenance and reporting procedures are fully met and that the records are avail be to council on the audit inspection. These sections of the building act identity the consequences for the building owner should there be any non-compliant issues.

During an onsite Audit council will check the following:

-  The current Warrant of fitness (Form 12)  is displayed in a public place

-  The owner’s inspection manual is present with the compliance schedule and inspections of both owner and IQP are present.

-  Evidence of 2 year’s worth of inspection from all previous and current IQPS are listed and checked as per the compliance schedule ie. Systems that are shown on the Compliance schedule as weekly is signed weekly. That the IQP Name and Number is displayed on the form they are signing.

The Auditor will then take a walk through the building to ensure that the compliance schedule is accurate, The officer will advise if there are additional systems that are not on the Compliance schedule and either a notice to fix or a Certificate of acceptance will be requested to add these to the compliance schedule.

Having your IQP/ Agent present in the Audit can assist in getting the information completed in a timeously manner 

Useful Links:

South Island IQP Register:

https://www.timaru.govt.nz/services/building/independent-qualified-persons/iqp-search

Building act 2004 sections 100-112:

http://legislation.govt.nz/act/public/2004/0072/latest/DLM306036.html

Compliance schedule Handbook:

https://www.building.govt.nz/building-code-compliance/building-code-and-handbooks/compliance-schedule-handbook/