For information on the Certificate of Acceptance process and how to apply for one see below
The Building Act 2004, section 96 – 99A allows for any person to apply to their Council / Building Consent Authority (BCA) for a Certificate of Acceptance (COA) for non-consented work that has been completed after 1 July 1992.
Under section 97 you can apply for a COA:
Urgent building work
The owner (or agent) must, as soon as practicable after completion of urgent building work, apply for a COA. If they do not do so, they commit an offence and are liable to a fine not exceeding $5,000.
Notice to fix requirement
Sometimes during construction of work that has a building consent, the work is found to not comply with the approved plans and specifications. This may be because
In this situation, the Council Building Officer will issue a Notice to Fix either instructing the owner that the work will be rectified because it is non-compliant or for unconsented work that the owner has to make an application for a COA to cover this work. The owner must make the application within the timeframes specified in the Notice to Fix or face the possibility of an Infringement Notice (with a fine), or further legal action. This work will be excluded from the Code Compliance Certificate at the end of construction.
The building owner or their authorised agent
A Certificate of Acceptance must be applied for on the prescribed form. This is Certificate of Acceptance (Form 8)
The application must also be accompanied by:
The Council has 20 working days, from the next working day following the day of lodgment, to process the application and make a decision on whether to grant and issue; or to refuse to issue the certificate. This involves both document processing and on-site inspections.
However, a Council may, within the 20 days, require further reasonable information in respect of the application; and, if it does so, the 20-day processing clock is stopped. Once that information is received, the clock continues.
The Officer will:
A Council (BCA) may issue a Certificate of Acceptance only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, in so far as it could ascertain, the building work complies with the building code (Building Act 2004 – section 96). If a Council refuses to grant an application for a COA, the Council must give the applicant written a notice of
A COA may be qualified to the effect that only parts of the building work were able to be inspected (Building Act 2004 – section 99-2).
A COA cannot be issued in the following circumstances:
The Building Act 2004 allows Building Consent Authorities to charge both a COA fee as well as the full fees; charges and levies that would have been payable if the Owner had applied for a Building Consent prior to building. These fees are available from your Council.
NOTE: If the work was done by the owner or any predecessor in title of the owner; and a building consent was required for the work but not obtained; an application for a COA must be accompanied by any fees, charges or levies that would have been payable had the owner, or the owner’s predecessor in title, applied for a building consent before carrying out the building work (Building Act 2004, Section 97(e) of the Building Act 2004. So if the work is not urgent (an immediate risk to life or property), do it right and get a building consent before you start construction.
NOTE: If you build without a Building Consent you may have trouble selling the building or obtaining insurance. If the building is damaged or destroyed because of a fault occurring in the unauthorized work, an insurance company could legally refuse to pay you.