What is a Certificate of Acceptance?

A Certificate of Acceptance is required for unauthorised building work (work for which a building consent should have been obtained but was not) or building work carried out under urgency, such as emergency repairs.  The Certificate of Acceptance (CoA) provisions in the Building Act 2004 came into force on 31 March 2005.  It is a written confirmation from the council, as the regulatory authority, of how the building complies with the national Building Code.

Who does it affect?

As well as builders and their clients who construct buildings without consent, this will also have an impact on the many house purchasers who buy houses with extensions or other alterations that do not have consent, but sometimes incorrectly assume that council will accept the changes as irreversible. It is important to realise in these instances for a Certificate of Acceptance to be issued, the building work must comply with the current NZ Building Code, rather than the building code that was in place when the work was carried out.

What’s changed?

Auckland Council has reviewed its policy and process relating to CoA’s; this review has highlighted the need to have a consistent region wide policy and approach.  This policy comes into effect on 1 July 2015. 

The council requires that all CoA applicants attend a pre-application meeting to discuss the work involved and agree a way forward.  All applications are required to be supported by a third party report from a suitably qualified expert describing the work and whether it complies with the NZ Building Code.

Why change the policy?

Council does not wish to enforce unreasonable charges on an applicant by insisting they apply for a CoA when planning or building approval is unlikely to be given. If it is unlikely, that planning or building approval will be given; there is no point in the applicant proceeding with the application. Instead, the council will discuss how the issue may be resolved; this may mean the offending building work is removed.

What does the pre-application process entail?

The purpose of a pre-application meeting is to ensure that the information being supplied is sufficient to enable the application to be accepted and to determine:-

·        the reasons why such an application is necessary

·        if an Infringement Fee is to be applied and / or whether the council should lay a complaint with the Licensed Building Practitioner Board if Restricted Building Work is involved

·        if there is any non-compliance with the District Plan

·        if there is any non-compliance with any other Acts or Regulations

·        if the approval of the Network Utility Operator (NUO) is required

·        any specified systems are involved and if so whether an application for a compliance schedule or an amendment to compliance schedule is required

·        if minor remedial works, maintenance and / or a building consent is required to remedy any building work or whether building work is exempt under Schedule 1

·        if a project information memorandum or resource consent is required; if required these approvals must be obtained before the application will be accepted; and

·        the value of works, to calculate the levies and fees required to be paid

·        the history of compliance action and findings

Does the applicant need to appoint a construction professional?

Yes, all applications need to be supported by an independent third party report written by a suitably qualified professional (e.g. chartered professional engineer, registered building surveyor, etc) confirming compliance with the NZ Building Code.

What level of documentation is required?

All documentation submitted with a CoA must be of the same standard required for a building consent. The Act requires that all plans submitted demonstrate compliance with the current Building Code rather than the Building Code in place at the time of construction.  Applicants must also supply a range of photographs depicting the work that has been constructed and must complete an applicable lodgement checklist based on the type of building work to be submitted with application

What about fees?

All applications must be accompanied by the required fees as prescribed by the fees schedule. Fees will be discussed at the pre-application meeting.   

What next?

Once Council has considered all of the available evidence such as plans, specifications, producer statements, builder’s records, owner’s records and the Councils knowledge and experience of the tradespeople and professionals involved (if known) it will determine whether the work complies with the NZ Building Code. 

The final decision will not be released until all outstanding invoices have been paid.

What will the CoA say?

If a CoA is granted the certificate will describe the building work that is covered by the certificate and whether it complies with the NZ Building Code.

Does a CoA mean people don’t have to bother with waiting for a building consent?

Applying for and obtaining a CoA does not provide a defence under s.40 of the Building Act 2004 i.e. failing to carry out building work otherwise in accordance with a building consent.   Further, as noted above infringement fees and complaints may also be laid.

Where can people find out more?

Further guidance is available on our website www.aucklandcouncil.govt.nz

or the Ministry of Business, Innovation and Employments website at http://www.dbh.govt.nz/bofficials-certificates-of-acceptance