A Certificate of Acceptance may not be the solution you are looking for when work has been done without a building consent, as it is not a Code Compliance Certificate.
When to apply
A Certificate of Acceptance may be applied for when:
- building work has been done without first getting a building consent when it was required
- a building consent authority is unable, or refuses to issue a code compliance certificate where a private building consent authority or certifier could not issue a Code Compliance Certificate.
A Certificate of Acceptance must be applied for when
- work has been done urgently under section 42 of the Building Act 2004.
A Certificate of Acceptance cannot be issued:
- for work carried out before 1 July 1992
- when a building consent has already been given to carry out the work - except when a certifier or private building consent authority is unable to or refuses to issue a Code Compliance Certificate.
An application for a Certificate of Acceptance can be for all or part of a building.
Issuing a Certificate of Acceptance
The Council will not issue a Certificate of Acceptance unless it is able to either inspect or assess the building work or methods of construction, and is satisfied that the work complies with the Building Code.
If the Council has not had the opportunity to assess and approve an application for building consent, it may not have had the ability to inspect the work during construction to ensure it was done in accordance with a building consent and the Building Code, so it may not be able to satisfy itself that the building work is compliant.
As the Council has had no involvement in the work to date, the applicant is responsible for demonstrating that the work complies with the Building Code. To do this, you may need to provide evidence (usually from a professional). This is particularly important for those parts of the building work that the Council cannot inspect, such as foundations.
If the information provided with your Certificate of Acceptance application is insufficient or does not demonstrate compliance with the Building Code, the Council will refuse to issue a certificate.
As the result of a Certificate of Acceptance application, you may be required to remove building work that does not comply with the Building Code. You may also be required to get a building consent to carry out further work to ensure that the building complies with the Building Code.
A Certificate of Acceptance can be limited by the Council to certain parts of the work identified in the application.
The Certificate of Acceptance will list the building work that the Council has inspected or not inspected. Any building work that cannot be verified as complying with the Building Code will be listed on the certificate as exclusions. The Council may also refuse to issue a Certificate of Acceptance if compliance with the Building Code can not be demonstrated.
A building consent cannot be issued retrospectively for building work that has already been completed, and a Code Compliance Certificate cannot be issued for any building work subject to a Certificate of Acceptance.
Unauthorised building work
It is an offence to carry out building work (other than as required under urgency) for which a building consent is required without first getting a building consent. The issuing of a Certificate of Acceptance for unauthorised building works does not limit the Council's ability to take further enforcement action.
If the work is being done under urgency, it is the owner's responsibility to ensure that the work is done in accordance with the Building Code, and supervised by suitably qualified persons.
How to apply
To apply for a Certificate of Acceptance, read the guide to completing the building consent application form (1.17MB PDF) and complete the application for building consent (965KB PDF)
You will also need to complete:
Checksheet - Certificate of Acceptance (488KB PDF) l Text version (72KB RTF)
You will need to provide all of the documentation that would be required for a building consent application, plus the following additional information:
- Proof of date of construction, such as signed / dated building contract payments
- Supporting evidence that work closed in and not able to be inspected compiles with the current Building Code. This could include but is not limited to:
- relevant certification
- architectural drawings
- PS4 from supervising engineers (if applicable)
- expert opinion reports.
- Statement of urgency - a letter providing the reason for work done under urgency, see section 42 of the Building Act 2004 (if applicable).