Many buildings in NZ have been built or altered without obtaining a building consent, or if issued with a building consent such a large amount of time has passed before applying for a CCC that leaves council unsure whether the work completed complies with the building code at the time the work was carried out.
This often results in a Certificate of Acceptance (CoA) application, section 95a letter or a Notice to Fix (NTF) being issued.
A CoA is a letter issued by the territorial authority (TA) for the area where the building is located. It is usually issued for work that was carried out without a building consent. However, a building owner may apply when any of the following situations occur.
The fact that a certificate of acceptance can be issued does not relieve a person from the legal requirement to obtain a building consent for building work. The territorial authority still has the ability to issue a notice to fix (NTF) and to prosecute building owners, builders and supervisors for failing to obtain a building consent.
A certificate of acceptance cannot be issued if:
An application for a certificate of acceptance must be made to the territorial authority responsible for the district where the building work is located.
To apply for a CoA the following are the typical stages of work required:
A section 95a letter is issued by a building consent authority (BCA, usually a council) under section 95a of the NZ Building Act 2004, informing a building owner, or applicant, of the BCA’s refusal to issue a code compliance certificate (CCC) and their reason(s) for refusal.
The section 95a letter usually results from a building owner applying for a CCC for building work that has been completed under an old building consent. The BCA will carry out a final inspection of the building work to verify building code compliance and discover one or more aspects of the construction that they believe does not comply with the building code and issue a section 95a letter accordingly.
The section 95a letter will often list the areas of non-compliance with the building code and advise the building owner what steps the BCA require the owner to take to resolve the building code non-compliances.
If you have received a section 95a letter describing building code non-compliances and need assistance in resolving the issues, Reveal Building Consultants Limited can provide the necessary advice and guidance to bring the building to building code compliance and obtain a CCC.
Get in touch with our consultants to resolve your section 95a letter.
A NTF may be issued due to failures to comply with the building code or regulations, if a building warrant of fitness is not correct or if procedures in a compliance schedule have not been properly complied with. Failure to comply with a NTF carries a fine of up to $200,000 and another up to $20,000 for each day the offense continues.
Under sections 163 to 168 inclusive of the NZ Building Act 2004 a NTF may be issued by any of the following:
If it is believed any of the following has occurred:
If you have received a s95a letter or NTF, or have questions relating to building code compliance issues, we can assist by reviewing the documentation, surveying the property and producing recommendations for resolution of the issues identified – Get in touch.
Reveal have extensive experience in resolving s95a, COA and NTF issues for our clients. Reveal’s co-founder and director Nick Gaites wrote the industry practice guidance note on assessing building code performance, whilst serving as an executive member of the New Zealand Institute of Building Surveyors (NZIBS) governing committee.