Under the Building Act 2004, building owners are responsible for ensuring their buildings are safe to use. If the building contains specified systems or features, this includes keeping these systems and features in good working order and to provide Council with an annual Building Warrant of Fitness (BWOF).
- Owners’ responsibilities to ensure their buildings are safe to use
A specified system means a system or feature that—
- Is contained in, or attached to, a building; and
- Contributes to the proper functioning of the building (for example, an automatic sprinkler system); and
- Is declared by the governor-general, by order in council, to be a specified system for the purposes of this act; and
- Includes a cable car
These systems ensure a building is safe and healthy for members of the public to enter, occupy or work in. A Compliance Schedule must identify which of these systems are present.
- Automatic systems for fire suppression (e.g., sprinkler systems)
- Automatic or manual emergency warning systems for fire or other dangers (other than a warning system for fire that is entirely within a household unit and serves only that unit)
- Electromagnetic or automatic doors or windows (e.g., ones that close on fire alarm activation)
- Automatic doors
- Access controlled doors
- Interfaced fire or smoke doors or windows
- Emergency lighting systems
- Escape route pressurisation systems
- Riser mains for use by fire services
- Automatic back-flow preventers connected to a potable water supply
- Lifts, escalators, travellators, or other systems for moving people or goods within buildings
- Passenger-carrying lifts
- Services lifts
- Escalators and moving walks (travellators)
- Mechanical ventilation or air conditioning systems
- Mechanical ventilation
- Air conditioning systems
- Building maintenance units providing access to exterior and interior walls of buildings
- Laboratory fume cupboards
- Audio loops or other assistive listening systems
- Audio Loops
- FM radio frequency systems and infrared beam transmission systems
- Smoke control systems
- Mechanical smoke control
- Natural smoke control
- Smoke curtains
- Emergency power systems for, or signs relating to, a system or feature specified in any of clauses 1 to 13
- Emergency power systems
- Signs in relation to any specified systems 1 – 13
- Any or all of the following systems and features, so long as they form part of a building’s means of escape from fire, and so long as those means also contain any or all of the systems or features specified in clauses 1 to 6, 9, and 13:
- Systems for communicating spoken information intended to facilitate evacuation
- Final exits
- Fire separations (as defined by the Building Code)
- Signs for communicating information intended to facilitate evacuation
- Smoke separations
- Cable Cars
A Compliance Schedule is a document issued by Council that lists specified systems and performance standards for the systems, and how the systems will be monitored and maintained to ensure they will continue to function. This is applied to as part of the application for Building Consent for new commercial buildings or alterations/additions to a commercial building (if the building has one or more specified systems). The compliance Schedule is issued with the Code Compliance Certificate (CCC).
Compliance Schedule Statement
A Compliance Schedule Statement is issued by a Territorial Authority (see B. Act 2004 s104A). A Compliance Schedule Statement lists the specified systems covered by the Compliance Schedule and is issued at the same time as the Code Compliance Certificate (CCC). It must be displayed on the premises in a public place, and be replaced in 12 months with a Building Warrant of Fitness (which is issued by the building owner).
Amending a Compliance Schedule
An amendment to a compliance schedule may be triggered/required if:
- A building consent application involving an alteration or an addition to an existing building impacts on the existing compliance schedule
- requested by the building owner
- decided by the Territorial Authority as a result of
- an onsite audit of the existing compliance schedule, or
- information received by the public,
- independent qualified person (IQP)
It is the responsibility of the building owner or their agent to make the application for the amendment on the Building Forms called Compliance Schedule Amendment (Form 11) on the prescribed form. For more information refer to MBIE website.
Compliance Schedule Details
Details of the specified systems (safety systems) must be provided with any building consent application where there are specified systems associated with the building. These details must include the performance standards and the proposed inspection, maintenance and reporting procedures for the specified safety systems in the building.
Please download and complete in full, the appropriate form(s) for each kind of specified systems relating to the building. Compliance Schedule Details forms
Independent Qualified Person
An IQP is a tradesperson who is qualified to carry out any performance inspection, maintenance, reporting or recommendation on a specified system. ‘Independent’ means that the person has no financial interest in the building. It is the owner’s responsibility to employ an approved IQP and to ensure that the inspections occur at the required times.
Please refer to the Regional Register of approved IQPs available online via the Hamilton City Council website.
Building Warrant of Fitness (BWOF)
A Building Warrant of Fitness (Form 12) is a statement issued and signed by the owner or agent of a commercial or public building, confirming that the specified systems (safety systems) stated in the Compliance Schedule for their building have been maintained and checked in accordance with the Compliance Schedule for the previous 12 months; and that they will continue to perform as required. A BWOF (Form 12) must be
- Renewed annually on the anniversary of the compliance schedule issue date.
- One copy must be supplied to Council before the expiry date, and
- One copy must be publically displayed in the building. Failure to do so becomes a breach of the Building Act 2004.
The building owner must retain all inspection and testing records for two years and these must be available for inspection at the locations stated in the BWOF. Owners have the responsibility of carrying out some of the minor inspections that are specified to occur daily, weekly or monthly. An Independent Qualified Person (IQP) must be employed by the owner to verify that the inspection, maintenance and reporting procedures have been carried out. The IQP supplies the owner with a Certificate of Compliance (Form 12A) which allows the owner to then issue the BWOF (Form 12). The owner must ensure that all the Certificates of Compliance are attached to the BWOF supplied to Council. Forms 12 and 12A are standard forms that are specified in Section 108 of the Building Act 2004.
- MBIE guidance on building warrants of fitness and compliance schedules.
- Managing your BWOF (for buildings with specified systems)
Audits of Building Warrant of Fitness
Councils periodically audit the BWOFs to ensure that they have been completed correctly and that the maintenance checks they are based on have been recorded in a log that is kept in the building. This audit is charged to the owner. For the schedule of audit fees or for further information please contact the Building Unit of your local Council.
Compliance Schedule Handbook
Available from MBIE – this is a guidance document for building owners and managers regarding the monitoring and maintenance of specified systems.
Relevant legislation and information
- Compliance Schedules: Section 100 – 107 of the Building Act 2004
- Annual Building Warrant of Fitness: Section 108 – 111 of the Building Act 2004
- Fees and Charges allowable under the Building Act 2004: Section 219
- Building (Specified Systems, Change of Use, and Earthquake-prone Buildings) Regulations 2005
- Additions & Alterations
- Change The Building Use
- Commercial Buildings
- Certificates for Public Use
- Change of Use / Alterations to existing buildings (MBIE website)
- Compliance Schedules (MBIE website)
- Building Warrants of Fitness (MBIE website)
- Compliance Schedule Handbook (MBIE website)
For further information on Compliance Schedules or Building Warrants of Fitness, please contact the Building Unit of your local Council.
Last updated 2018-09-13