Code Compliance Certificate on older Building Consents

What is an older consent

An older consent is one where the building consent was issued more than 5 years ago either under the Building Act 2004 or its predecessor the Building Act 1991.

Do permits require a CCC

No building permits were issued under Building Bylaws and do not receive a CCC or any other form of council ‘sign off’.

Why you need a CCC

A CCC is a formal statement issued by the Council confirming that all work completed complies with the building consent (under the Building Act 2004) or the building code (under the Building Act 1991.

A CCC is only issued if Council can be satisfied on reasonable grounds that the work currently complies with both the version of the Building Code applicable at the time the building consent was issued and the plans and specifications associated with the issued building consent.

Often, the only issue on older consents is satisfying Clause B2 Durability of the building code. This can generally be satisfied by way of a modification.

What is a modification

A modification allows the Council to exercise judgement when dealing with unusual building compliance matters.  All applications for building consent are required to comply with the mandatory provisions of the New Zealand Building Code (the Code).

Clause B2 of the Code deals with Durability; this clause contains provisions that, in general terms, require all building elements to be durable for a certain period, assuming normal maintenance. The periods are contained in Clause B2.3.1 and range from 5 years to the life of the building, being not less than 50 years. The required durability periods for individual building elements are determined by their use in the building, ease of detection if the element fails, and the ease with which the element can be accessed and replaced.

Clause B2.3.1 states that the durability period commences when Council issues the code compliance certificate (CCC) for the work concerned. In the normal course of events, the CCC is issued at about the same time the work is completed, and the durability periods therefore commence from the date the CCC is issued. However, for whatever reason the CCC may not be sought until a significant number of years after the completion of the building. In such cases, when Council is asked to issue the CCC it may no longer be satisfied that the building elements will comply with Clause B2.3.1. This is because the building elements have already been in service for a significant period, and their durability periods will have been either partly or fully expended.

A building owner may therefore be in the position where a building is fully compliant, but Council may refuse to issue the CCC because of concerns about compliance with Clause B2 Durability.  The Ministry of Business, Innovation and Employment has considered this issue in many Determinations issued since late 2005.

The Ministry has taken the pragmatic position in such Determinations, to modify the requirements of Clause B2.3.1 so that the durability periods commence when compliance with Clause B2 would have been achieved if the CCC had been issued at the time the building work was substantially completed. The modification means the building must comply with all the durability periods stated in Clause B2.3.1, but that these periods start from an earlier date, rather than the date that the CCC is issued.

In practical terms, this means that if an owner wishes to apply for a CCC on an older building, they must first apply for an amendment to the building consent (using this form) seeking to modify Clause B2.3.1 and agree a date with Council as to when durability commenced. (An older building is one where the building consent was issued more than 5 years previously). 

We will then assess that amendment to ensure there have been no changes to the approved plans, all nominated inspections have been undertaken, all supporting documentation has been provided and the building has been well-maintained. Once these matters have been satisfied, we will then turn our minds to the Durability provisions and decide whether we can approve the amendment.  If the amendment is approved, Council will determine the date that applies (this is usually the date of practical completion) noting the agreed date on Form 5 (the amendment).

How to apply for a Modification of B2

To start the process, complete the application form.

You must complete all fields on the form such as when the house was first occupied, what date the Preline inspection was undertaken and how old the building is.  You must also complete the CCC application form identifying all trades involved in the build.

Review your building consent (Form 5) and ensure all required documentation is available to satisfy any conditions on the issued consent such as Producer Statements, Energy Certificates, Records of Work, etc.  

Once you have completed these tasks, email the Building Team at building.enquiries@waidc.govt.nz with the completed application form and all relevant documents. 

What happens next

Once we receive your application, we will review the building consent file and decide what inspections are required as well as identify if any further documentation or third-party reports are required. Third-party reports maybe required if you built a home during the leaky building period or inspections have been missed.

Once the file has been reviewed, we will contact you and arrange an inspection. Even if you have had a final inspection, due to the lapse in time, another final inspection will be required.

Once the inspection and final review have been completed, we will advise what the next steps are (if any) in writing.

We are not bound by a statutory clock when considering older consents for CCC (usually we must do this within 20-working days); however, we will try to review the application within this timeframe. We may during this review, request additional information.

If we refuse the application, we will give you our reasons for doing so.

The costs associated with this review are: 

• application fee
• actual time spent reviewing the application
• inspection(s)
• issue or refusal of CCC.

What Council considers during this review

Historic building consents often involve work that was completed long ago with little evidence as to whether it was completed correctly. If adequate records are not available to verify the compliance of construction or there are indications of potential cladding, structural or other failure, then an invasive level of inspection may be required potentially involving the removal of wall panels or external wall cladding.

The Council does not undertake this level of inspection therefore the homeowner will be required to procure the services of an independent suitably qualified consultant to perform the inspection and document the results.

Third-party experts

Council does not endorse or recommend any specific building consultants. However, the qualifications of any selected consultant will be assessed when they submit their technical assessment report. As an owner you should check before acquiring the services of a consultant to ensure they are suitably qualified.

Key considerations include that they:

• have significant knowledge of the Building Act and NZ Building Code
• have experience in key areas of building design, construction or inspection specifically around weathertightness and structure
• can undertake invasive investigation, moisture testing and thermal imaging if required
• can provide a report specifically regarding how the building does or does not comply with the relevant building code clauses
• have a suitable qualification, professional registration or industry association e.g.:
  • RICS (Royal Institute of Chartered Surveyors)
  •  NZIBS (New Zealand Institute of Building Surveyors).

Withdrawing an application for CCC

You can choose not to pursue a CCC at any time. If so, the Council will not take further action unless it becomes aware that the building work is potentially dangerous or insanitary as defined in the Building Act.

Fees will still apply for work already carried out on the application. 

What to do if you don't agree with refusal to issue CCC

If you do not agree with our decision to refuse your CCC then you can apply for a ‘determination’ from the Ministry of Building, Innovation and Employment (MBIE).

A determination considers information provided by the owner and the Council. It will need to cover how the building work complies with the Building Code clauses that apply to the project. The result of the determination is binding on all parties and will become part of the record for the property.

More information about applying for a determination, and fees, can be found on the MBIE, Building Performance website.

Building Performance: Determinations.