A code compliance certificate (CCC) is a formal statement that building work carried out under a building consent complies with:
- the building consent issued and,
- in a case where a compliance schedule (or amended compliance schedule) is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent.
When issued, it concludes the consent process however please note that buildings with specified systems and compliance schedules require annual building warrants of fitness.
An owner must apply for a CCC (as soon as practicable) after all work relating to their building consent has been completed. You can find a link to the application form below.
Applications are checked for completeness before they are accepted. A complete application under section 92 of the Building Act consists of an Application for Code Compliance Certificate (Form 6) which has been completely filled out, and:
- records of work from licensed building practitioners, if applicable, and
- energy work certificates (electrical and / or gas) if applicable.
For us to consider the application and issue a code compliance certificate, we also require the additional documentation listed on the building consent. If this information is not included with the application, we will pause the 20-day clock and request the information. The clock will be restarted when all information requested has been received.
Please ensure that your documents are combined into a single PDF and in the same order as they appear in the list on the required items letter attached to the building consent. If the documents are very large, such as the case for commercial type buildings, then multiple PDF can be submitted providing they are appropriately named.
For further guidance, see the guide to completing the application for code compliance certificate (PDF, 329 KB)
You can apply for a code compliance certificate in two ways:
Apply online with Simpli
Apply online with Simpli
You can apply for a code compliance certificate online using the Simpli portal. The online service will make the process simpler and more convenient.
We are here to help. If you have questions on your project you can contact the Building Duty Officer, Monday to Friday 1.00 PM to 4.30 PM either in person at the Council Service Centre or by phone (04) 527 2169.
Simpli improves the customer experience, providing transparency around our processes, improved issuing times, better communication and standardising our practice with other councils.
Apply online via Simpli
Apply in hard copy
Apply in hard copy
Application forms can be found at simpli.govt.nz/how-to-apply. You'll be looking for the form: Application for Code Compliance Certificate (Form 6)
Your completed hard copy application can be forwarded to us in the following ways:
- bring it to the Council Service Centre
- by post (or courier) to Upper Hutt City Council, Private Bag 907, Upper Hutt 5140
Guidance is available to assist you with your application. Please refer to the guide to completing the application for code compliance certificate (PDF, 329 KB)
Applications are checked for completeness and fee payments are required before applications are accepted.
To issue a CCC we must be satisfied on reasonable grounds that that the building work complies with the building consent. In the case where a compliance schedule (or amendment) is required we must be satisfied that specified systems are capable of performing to the performance standards set out in the building consent.
We have 20 working days to process applications. The clock starts on receipt of a complete application and may be suspended for requests for further information. A suspended clock will restart when all information requested has been received.
Any fees owed for extra work, inspections or development contributions will be requested and need to be recovered prior to issuing a CCC.
We will send out invoices for fees and levies. The invoices contain the details for paying by internet banking; alternatively you can pay invoices at Council reception.
Why is a CCC important?
A Code Compliance Certificate (CCC) is a legally recognised document that is issued under section 95 of the Building Act 2004. It verifies that the building work complies with the consented documents (OR, in the case of building consents issued under the 1991 Building Act, that the completed work complies with the building code at the time the consent was granted)
The issuing of a CCC is the final stage of the building consent process. However, in some cases this final step is overlooked. Some owners may not know that it is their responsibility to request a CCC and others believe their contractors are taking care of it. Some projects are never finished, or people forget to let the Council know that the project is complete.
Many owners only discover their building has no CCC when they decide to sell or when a prospective purchaser gets a report on the property. Often the sale or auction of a property relies on there being a CCC issued. Some banks won’t lend against a property if there is no formal sign-off for building work, and some insurance companies won’t cover building work if it doesn’t have a CCC.
Although this can be a stressful time for the owner, the process to issue the CCC cannot be rushed. All owners are therefore strongly encouraged to apply for CCCs well in advance of any sale of their property.
Why is it Complicated for Older Building Consents?
Before UHCC can issue a CCC, it must first be determined ‘on reasonable grounds’ that the completed works comply with the following:
- For applications processed under the Building Act 1991 (BA91), the work will be assessed according to the Building Code that was in effect at the time of the building consent application.
- For applications processed under the Building Act 2004 (BA04), the work will be evaluated based on the consented plans rather than the Building Code of the day.
The Building Code has specific time periods set out for durability of various elements of construction. The longer building work is left before applying for a CCC, the harder it is to determine whether these minimum time periods will be complied with. In cases where the building work is already 5 or more years old elements of the work may have already exceeded their expected durability or manufacturer’s warranty.
For most old Building Consent CCCs applications, owners will be asked to complete an application to modify the B2 durability commencement date. This allows the durability periods specified in Clause B2.3.1 to start from an earlier, mutually agreed date (typically the date of substantial completion) rather than the CCC issuance date. All CCC applications for old building consents need to be evaluated carefully to assess the level of investigation that will be required. While the objective is to arrive at a successful outcome for the applicant, there may be situations where UHCC cannot be satisfied that the building work complies and therefore the CCC cannot be issued.
The Process
- To begin, complete a Form 6 CCC application either online via the Simpli Portal OR by downloading a hardcopy from our website here. For a complete application, you will need to provide a minimum:
- Electrical completion certificate (if applicable)
- Gas works certificate (if applicable)
- Proof of Ownership/Record of title
- Information to demonstrate that installed specified systems meet the performance standards identified in the building consent.
Additionally, there may be other documents required to support the CCC decision process. These will be detailed in the required items letter that came with your building consent.
2. If your building consent is over five years old, you will need to complete an application form to modify the durability period (Application for a Modification to B2 Durability).This application must be signed and submitted as part of the CCC processing.
3. Applications made under the 1991 Building Act are not subject to the 20-working day clock, whereas applications under the 2004 Building Act are. However, UHCC tries to process all CCC applications within 20-working days. During this time, UHCC will review the submitted documentation to ensure that all requirements are met and to determine if there are reasonable grounds for issuing the CCC.
4. The processing will assess the history of the build work and the probable scope of inspection requirements. Factors considered in this review include:
- the age of the building work
- the complexity of the design and the materials used
- the results of inspections already carried out
- any outstanding matters, including fees
5. Once the quality and accuracy of all submitted information has been assessed. You will be contacted by UHCC to advise whether:
- A Final Inspection is approved, or
- A Final Inspection is not approved
6. If UHCC has approved a Final Inspection, you can book it over the phone (04 527 2169). A Building Control officer will complete the Final Inspection to assess whether the building work met compliance standards at the time of completion and to assess whether it will continue to comply for the required durability period.
7. If an inspection is not approved, it is because the technical review of your file revealed that the work would be unlikely to comply if it was inspected. It would therefore be unreasonable for the owner to incur inspection costs when it is unlikely to result in a CCC being issued. In these circumstances the owner may:
- Supply evidence that the work complies
- Take no further action
If you wish to supply further evidence you may chose to obtain a building inspection report from an independent “suitably qualified” building consultant to verify the compliance of the old building work. This report may be submitted as additional evidence to allow the decision to approve a Final Inspection to be reviewed.
8. If the Final Inspection passes then a decision to issue the CCC will be made. You will then be sent a copy of your issued CCC.
9. If the Final Inspection fails then you will need to remediate the identified issues and then book a re- inspection. The CCC processing clock remains on hold until the final inspection passes. If the failing is significant then you may be advised that a decision not to issue the CCC has been made.
10. If serious non-compliance is found during the Final Inspection, UHCC may issue a Notice to Fix, requiring you to address and correct the identified issues.
Frequently Asked Questions
What costs are involved?
The request will be allocated to our Senior BCO and due to the complexity of old building consents, a minimum of 3 hours will be required for the initial desktop assessment and review of records.
All officer time is chargeable regardless of the outcome of the application.
- Review of old consent files for certification decisions (includes 1 hour of processing) $290.00 additional time charged at cost recovery rates
- Base fee (includes 1 hour of processing) $220 p/h
- Internal technical officer e.g senior/manager $240 p/h
Depending on the complexity of the assessment will determine the total cost of the assessment.
Why is there a need to involve independent "suitably qualified" building consultants?
Why is there a need to involve independent 'suitably qualified' building consultants?
Old Building consents often involve work that was completed a long time ago with little evidence as to whether it was completed correctly. If adequate records are not available to verify the quality of construction, then an invasive level of inspection may be required. This could for example involve the removal of wall panels or external wall cladding. UHCC cannot 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.
UHCC 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 investigate before acquiring the services of a consultant to ensure they are suitably qualified. Key considerations should include:
- They must have significant knowledge of the Building Act and NZ Building Code
- They must be experienced in key areas of building design, construction or inspection specifically around weathertightness and structure
- They must also be able to undertake invasive testing
- They should have a suitable qualification, professional registration or industry association e.g:
- RICS (Royal Institute of Chartered Surveyors)
- NZIBS (New Zealand Institute of Building Surveyors)
- CPENG (Chartered Professional Engineer)
- BOINZ (Building Official Institute of NZ)
What is a B2 Durability Modification Application?
It is a formal agreement that is signed by the owner to acknowledge that the durability requirements for specific building elements will be measured from an agreed date as opposed to the date the CCC is issued. Typically this will be the date of substantial completion or the last recorded building inspection that provided clear evidence of the workmanship quality e.g. Pre-line.
What is a Durability Modification?
S67 of the building Act enables the TA to modify aspects of the building code as it relates to a specific building consent. A durability modification is a change to B2 of the Building Code in that the effectual start date of the statutory durability timeframes identified in B2.3.1 are ‘back-dated’ to an agreed date between the applicant and the council. This date could be the last known inspection or contact with council. Durability modifications are requested as an amendment to the building consent and will be notified to MBIE.
Even if a durability modification amendment is granted the building work must still be compliant at the time the CCC is considered.
Can I withdraw my CCC Application if the process gets too complicated or costly?
The owner 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 must be paid for work already carried out.
What if I don't agree with a refusal to issue CCC?
If you do not agree with our decision not to issue a 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 particular project. In most cases, MBIE will engage its own expert to provide an independent assessment of the work. 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 determination, and fees, can be found on the MBIE website: https://www.building.govt.nz/resolving-problems/resolution-options#jumpto-determinations-and-formal-complaints
What if my building work was completed under a different version of the Building Act?
For building consents that were issued under the Building Act 1991 (prior to 31 March 2005), the test which must be applied when considering whether to issue a CCC is whether the building work concerned complies with the building code that applied at the time the building consent was granted. This means if the building code has subsequently been amended since the building consent was granted it is not mandatory to have upgraded to that new requirement in order to obtain a CCC.
For building consents issued under the Building Act 2004 (after 31 March 2005) the substantial test is that building work complies with the consent documentation. This test therefore also means it applies to the code at the time the work was consented
Case Study Examples
Example 1 - Free Standing Woodburner
Tom and Joanne had a free-standing wood burner installed in 2005. The wood burner supplier was responsible for applying for building consent and for taking care of the inspections. In 2010, they decided to put their house on the market and discovered their solid fuel heater building consent did not have a CCC.
Before the Council could issue a CCC, it needed to be satisfied that the work complied at the time the work was inspected and also that it would continue to comply for a further five years (10 years in total from when it was installed). Tom contacted the manufacturer who had guaranteed their woodburner for five years but were not prepared to guarantee that it would continue to comply for the extra five years.
Tom discussed the situation with the buyers who advised they planned to take the woodburner out and install a heat pump. Tom informed the Council the woodburner was to be removed and the sale proceeded.
Example 2 - LIM shows house did not have CCC
Sarah bought a two-bedroom house from a property developer in 1999 and later decided to put the house on the market. A prospective purchaser got a Land Information Memorandum for the property, which showed the house did not have a CCC.
Sarah submitted a CCC application however she was advised the CCC would be refused as there was insufficient information to support the approval of the CCC. She was advised that an independent building inspection report would be required due to the level of invasive inspection required. Sarah engaged a member of the NZ Institute of Building Surveyors to inspect the house and provide a report about its compliance with the Building Code. The report highlighted some areas of non-compliance and provided a list of remedial work that needed to achieve compliance with the original building consent. Sarah engaged the services of a Licensed Building Practitioner to complete this remedial work.
Sarah resubmitted her CCC application along with the Inspection report and the Producer Statements and Electrical Certification she had on file. Council officers reviewed the information and decided to accept the CCC application. She booked a final inspection and the Council inspectors were able to verify that the report was an accurate representation of the property. Because of the age of the work, the Council asked Sarah to submit an application form to modify the durability period.
In her Durability application, Sarah confirmed the house was complete when she purchased it and proposed the durability requirement should start in 1999. The Council was able to check the inspection records for the property and agreed with this date and granted the amendment. The Council then issued a CCC for the work which included the modification for durability.
Example 3 - Remortgaging house, two BC in 1998 & 2001 did not have CCC
Charlie was remortgaging his house and became aware that two building consents he had got in 1998 and 2001 did not have CCCs.
Charlie submitted CCC applications to the council for both consents along with the information that he could find. The Council carried out a review of both applications and made to refuse the applications due to insufficient information. This was because a number of inspections had been missed during construction and the amount of time that had passed since the work was done. Charlie was advised that an independent building inspection report would be required for the building work due to the level of invasive inspection required.
Charlie disagreed with the council decision and chose to apply to the MBIE for a determination for both consents. MBIE appointed an expert to report on the work that had been carried out under both building consents. The expert’s report showed the cladding was failing and that there had been moisture getting into some areas of the building work. MBIE then issued a determination that outlined the areas that failed to comply with the Building Code and directed the Council to issue a ‘notice to fix’ requiring Charlie to propose how the non-compliant areas would be remedied.
The Council met Charlie to discuss the determination and to agree on a timeframe to do the remedial work. Charlie engaged a member of the Institute of Building Surveyors to prepare a ‘scope of works’ that would need to be carried out to fix the areas of failure. Charlie met Council officers to discuss the remedial work and to agree what work would be covered by the original building consents, and what work would require a new building consent.
Charlie submitted the new building consent along with supporting documentation, including the surveyor’s scope for the remedial work. The work requiring a building consent was assessed for compliance with the Building Code and the building consent was granted. Charlie employed a builder to do the work and this was inspected by Council officers. Further areas of damaged timber were identified during the building work and the surveyor instructed the builder what needed to be replaced. This additional work had to be covered by an amendment to the new building consent, as this was not originally identified.
Because of the age of some of the work covered by the original building consents, Charlie submitted a Application to modify the durability requirement for the work. He proposed a start date for durability and, after checking the inspection records for the property, the Council agreed with the date proposed and granted the amendment. Once Charlie’s builder had completed the work and Council officers had carried out the inspections, the Council issued CCCs for the new and old work with the durability modification recorded for the original consent.