Code Of Compliance

The purpose of this guide is to provide the building owner with a clear process and pathway when applying for a Code Compliance Certificate (CCC) on a building consent that is classified as a historic building consent from 1991 and from 2004.

Initial request from owner

The request can be initiated by the owner either by requesting a final inspection or submitting an Application for Code Compliance Certificate. The request / application will then be reviewed and assessed by our Surveyor to determine how it will proceed.

Depending on the age of the consent, the time of the last inspection by the Council and the inspection type that was last carried out, an initial fee of $350.00 plus GST may be required as result of the review and brief site visit.

Initial assessment

On application and payment of the fee we will review the file of the approved consent and relevant documentation. The following factors will be considered:

  •  The age of the building/building work
  •  The complexity of the design
  •  The type of cladding material used and method of installation (cavity or no cavity)
  •  The status of inspections already carried out and if any inspection types were not called for
  •  Any outstanding issues, outstanding documentation
  •  Any outstanding fees
  • The E2 risk matrix score assessment will consider the following factors:
  •  Number of storey/s
  •  Wind zone
  •  Roof/wall junction (number of junctions, interfaces and level of complexity)
  •  Eave width
  •  Decks and balconies
  •  Cladding type/material; junctions, complexity, junction of multiple claddings.
  • The initial assessment / review is necessary for Council to:
  •  Review all information of the building consent in council’s records
  •  Identify any potential issue that could affect the issuing of the CCC
  •  Establish the risk profile regarding the building/building project
  •  Confirm whether an inspection can proceed; and the time and date of the inspection with the owner/owner’s agent.

Proceed with inspection

Following inspection, the Inspector will assess whether the work complies. Depending on the scope, nature and complexity of the project, requirements for amendment durability and weather tightness will require an additional investigation/report by a suitably qualified person (i.e. Registered or Chartered Building Surveyor).

In some cases, remedial works will be required to meet the code. Remedial works could be identified as part of Council’s inspection or identified in the weathertightness investigation/report.

Depending on the circumstances, the following could be required:

  •  Remedial work is instructed to be completed and inspected by the Inspector with updated/as-built plan to record the remedial works.
  •  An amendment to the existing building consent is to be applied for the remedial works;
  • approval is needed before work being completed.
  •  A separate building consent is required for the remedial works and approval is required before work being completed.

In any case, all remedial works must be inspected and certified by Council before approval of CCC.

The owner/owner’s agent is responsible to arrange for an inspection of any remedial works.

For inspection booking, please contact us.

Weathertightness investigation / report

Council normally only accepts third party reports from a suitably qualified person (i.e. Chartered or Registered Building Consulatant) with specialised area or practice area in weathertightness.

  • The information should include but is not limited to the following:
  •  The report must be a full assessment of all building envelope that was completed as part of the building work concerned (i.e. wall cladding, roof cladding, external window joinery, penetrations, junctions/interfaces, flashing etc.)
  •  The report and investigation must be thorough and extensive to the extent that is deemed appropriate by the author to provide a conclusive statement on the level of compliance of the building work.
  •  Evidence of invasive testing (or any other necessary testing) and analysis carried out by the author of the report to confirm weathertightness performance of the building work concludes as to whether or not the building work complies with the building code Clauses B2 and E2.
  •  Supporting documents, photographs, testing result and analysis carried out as part of the investigation
  •  Detail of any failure or concern regarding weathertightness performance
  •  Detail of any remedial works or recommendation on how to fix any of the non-compliance or failure
  •  Detail of any proposal by the author as to how the work can be remediated with a plan of monitoring and supervising of the remedial work
  •  Any other recommendation/comment by the author.
  • Any remedial works (recommended by the report) will need to be approved and inspected by Council prior to being completed on site.

A Code Compliance Certificate (CCC) is a formal statement issued by Council certifying that:

  • Building consents under the Building Act 2004 – building work carried out complies with the approved building consent.

Durability periods commence at the time when the work was substantially completed (not at the time of issuing the CCC).

This means that for an owner who wishes to apply for a CCC for an old building consent, they are required to apply for an amendment to the building consent with:

  •  A request to modify the building code Clause B2.3.1
  •  Agreement of a date as to when the durability commenced.

The amendment application form – Durability is available on our website.

Clause E2 External Moisture

Clause E2 requires the building and its overall weathertightness performance to comply with the building code. Where the work has been completed for some time, Council will have to carry out a full review and re-inspection to enable Council to be satisfied on reasonable grounds that the work still complies at the time of re-inspection. An extensive investigation and weathertightness report

is always required. Simply relying on prior inspections, possibly years earlier is not sufficient to establish reasonable grounds.

Council does not have the expertise and necessary equipment to carry out the weathertightness investigation, testing and analysis of closed in and completed building work. These investigations are normally carried out independently by a Registered Building Surveyor (specialised in weathertightness). Significant moisture testing (invasive and non-invasive) may or may not be carried out as part of the investigation.

If such extensive investigation is not undertaken, or if the building is of a risky style under the risk matrix, Council may not be able to be satisfied, on reasonable grounds that weathertightness requirements of the code can be met. This would be a sufficient reason to refuse a CCC.

The cost of the review and re-inspection by Council is chargeable to the owner/owner’s agent. The owner is also responsible for the engagement of our inspector, the cost of investigation and authorising any invasive testing or other necessary activity by the Building Surveyor.

The decisive factor is that Council must be satisfied on reasonable grounds the building code or the building consent is complied with at the time of issuing the CCC. If Council, after carrying out the inspection or after the investigation/report by the Building Surveyor is not satisfied on reasonable grounds, then a CCC will not be issued. The reason for not issuing the CCC will then be given in writing to the owner.

For more information about CCC or to make an enquiry contact us by clicking here.

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