In some cases, a Certificate of Acceptance may be issued for building work that was carried out urgently or completed without a building consent.
Council will inspect the work before deciding whether a certificate can be issued.
Failing to obtain a building consent is an offence, and the Council may take enforcement action against you. If a COA is issued for the unconsented building work, the Council can still pursue further enforcement action, and the COA may become evidence to support the Council’s case.
In certain situations, the Council may, on application, issue a certificate of acceptance (CoA) for building work already done without first obtaining a building consent where a building consent was required.
Council may issue a CoA only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it can ascertain, the building work complies with the building code.
A COA provides limited assurance but is not the same as a Code Compliance Certificate (CCC). Please read all the information below to check if a CoA is the right solution for you.
Before you begin
Determine whether or not a CoA is required or applicable.
A CoA cannot be issued for building work that did not require building consent. For example:
- Building work done under a Building Consent.
- Building work done prior to the inception of the Building Act 1991. (Generally, building work has been carried out before 1 July 1992)
- Building work exempt from requiring a Building Consent under Section 41 and/or Schedule 1 of the Building Act (the Act)
When to apply
A CoA can be issued for building work that required building consent, and building consent was not obtained before the work commenced.
For example:
- Building work already done that was not exempt under Section 41 and/or Schedule 1 of the Act.
- A building consent has been issued for building work, but changes to the building work were made without advising the council, and the work has not been done in accordance with the building consent.
If section 42 which relates to building work that had to be carried out urgently, applies. (Please note that this may require councils’ pre-approval).
If the building work has already commenced without a building consent and is partially complete, talk to the Council to find a pathway forward.
How to apply for a Certificate of Acceptance
Register for Building Consents Online, and complete the online COA application.
The application for a COA must clearly list the building work that is the subject of the application.
The applicant will need to provide adequate documentation, information, and evidence for the council to conclude that the work complies with the Building Code. The level of information required is similar to that required for a building consent application.
This will require the applicant to provide (if available) plans, specifications, and any other information the authority reasonably requires. It is the applicant who must provide sufficient information to the authority to establish the level of compliance achieved. The authority may also inspect the building work, and this information, along with that supplied by the applicant, would assist the authority in forming a view of compliance with the Building Code.
This information may include but is not limited to:
- Site Plan. (The site plan is to be drawn to a recognised scale and is to clearly identify the location of the work that is the subject of this application in relation to the existing buildings and boundaries on the property. North and the road (access) should also be indicated)
- Floor Plan. (Drawn to a recognised scale and is to clearly identify the location of the work)
- Relevant specific plans and specifications.
- Construction/weatherproofing details. (drawn to a recognised scale)
- Photographs.
- Relevant manufacturers and/or installers certification/statement. (This should include the authors' relevant qualifications)
- PS1,PS2 & PS4 from design/supervising engineers.(if applicable)
- Expert third party reports – e.g. Building Surveyor’s report, Fire Reports and reports from suitably qualified professionals.
- if a compliance schedule is required as a result of the building work, have attached to it a list of all specified systems for the building; or
- if an amendment to an existing compliance schedule is required as a result of the building work, have attached to it a list of all specified systems that are being -
- altered in the course of the building work:
- added to the building in the course of the building work:
- removed from the building in the course of the building work.
- Adequate documentation for any specified system that is the subject of a CoA. (s97(g) & (h)) [Include Link] This information may include but is not limited to,
- A statement from the installer that clearly states the performance and maintenance/inspection standards for each specified system.
- A statement from the installer that clearly states that the installation achieves the requirements of the performance standard and the maintenance/inspection standard.
- Certificate of Completion from an Accredited Inspection Agency.
- Statement of urgency – a letter providing the reason why the work is being done under urgency (see section 42 of the Building Act 2004, if applicable)
How long does it take?
If all the required information is provided and there are no requests for further information (RFI), then the application will take 20 working days to process. If further information is required, then the clock stops until adequate information is received.
How long is my application valid?
Your COA application will remain open for 60 working days from:
- The date of your pre-application meeting; or
- The date a Request for Further Information (RFI) is resolved to the satisfaction of the council; or
- The date from a request for any other information that the authority reasonably requires.
After 60 working days, you will be notified if the application is to be refused.
After refusal, if you still wish to proceed, you will need to reapply.
Issuing a Certificate of Acceptance
The council will issue a CoA when it has inspected or assessed the building work and is satisfied that it complies with the Building Code.
A CoA may, if a territorial authority inspected the building work, be qualified to the effect that only parts of the building work were able to be inspected.
If the Council refuses to grant you a CoA, you will receive written notice by either email or mail with details on the reasons for the refusal.
If development contributions are required, the Council cannot issue a CoA until payment is made and any other Council fees and costs are received.
Council cannot issue a certificate of acceptance if it is not satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.
If the Council refuses to grant you a CoA, you will receive written notice by either email or mail with details on the reasons for the refusal.