Code Compliance Certificate
Sections 91-95A Building Act 2004
A Code Compliance Certificate (CCC) is a certificate issued by a Building Consent Authority under section 95 of the Building Act 2004.
A CCC is an official statement (under section 94 of the Building Act 2004) that confirms that building work carried out under a building consent complies with that building consent.
The Building Consent Authority that grants the building consent will be the same one that issues the CCC.
After two years from the date the consent was granted, the Building Consent Authority must decide on whether to issue a code compliance certificate.
Note that this timer begins from the granting of consent, not from the issue of the building consent.
A CCC is an official statement (under section 94 of the Building Act 2004) that confirms that building work carried out under a building consent complies with that building consent.
The Building Consent Authority that grants the building consent will be the same one that issues the CCC.
After two years from the date the consent was granted, the Building Consent Authority must decide on whether to issue a code compliance certificate.
Note that this timer begins from the granting of consent, not from the issue of the building consent.
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These time limits may be extended as agreed between the owner and the Authority.
This decision must be made within 20 working days of the application being made (or according to a further agreed period). Requests for more information are made during this time.
Note that interim code compliance certificates are no longer issued as they may have been under the 1991 Act.
It is an offence under the Act to use or permit the use of public premises affected by building work that has no code compliance certificate (in the absence of a certificate of acceptance or certificate for public use) (section 363).
The Act also makes it an offence for a commercial on-seller to transfer a household unit without a code compliance certificate (section 362V).
Also note that a CCC is not a guarantee of freedom from defects or economic loss. In the case of Three Meade Street Ltd v Rotorua District Council, Venning J said:
This decision must be made within 20 working days of the application being made (or according to a further agreed period). Requests for more information are made during this time.
Note that interim code compliance certificates are no longer issued as they may have been under the 1991 Act.
It is an offence under the Act to use or permit the use of public premises affected by building work that has no code compliance certificate (in the absence of a certificate of acceptance or certificate for public use) (section 363).
The Act also makes it an offence for a commercial on-seller to transfer a household unit without a code compliance certificate (section 362V).
Also note that a CCC is not a guarantee of freedom from defects or economic loss. In the case of Three Meade Street Ltd v Rotorua District Council, Venning J said:
“…it is not part of the statutory scheme that by issuing a code compliance certificate the Council was guaranteeing the motel was free from defects which might otherwise cause economic loss to an owner.”
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Case Law
Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust [2017] NZCA 68
Lee v Auckland Council [2016] NZHC 2377
Body Corporate 160361 v BC 2004 Ltd [2015] NZHC 1803
Gauld v Waimakariri District Council [2012] NZHC 203
North Shore City Council v Body Corporate 207624 [2011] NZCA 164, [2011] 2 NZLR 744
Suaniu v Hi-Qual Builders Ltd HC Auckland CIV-2008-404-1576, 26 June 2008
Three Meade Street Ltd v Rotorua District Council [2005] 1 NZLR 504(HC)
Maggs v In Accord Properties Ltd HC Auckland M1115/SW02, 30 May 2003
- This case concerned the role of code compliance certificates and producer statements.
Lee v Auckland Council [2016] NZHC 2377
- This case involved CCCs and a reliance on producer statements, without further inspection.
Body Corporate 160361 v BC 2004 Ltd [2015] NZHC 1803
- This case considers the role of CCCs and PSs in relation to commercial conflicts of interest
Gauld v Waimakariri District Council [2012] NZHC 203
- This case involved a council’s failure to issue a code compliance certificate following the plaintiff’s request for one.
North Shore City Council v Body Corporate 207624 [2011] NZCA 164, [2011] 2 NZLR 744
- This case examines the nature of CCCs as guarantees of freedom from defects.
Suaniu v Hi-Qual Builders Ltd HC Auckland CIV-2008-404-1576, 26 June 2008
- This case discusses whether a building consent authority does has the power to cancel a code compliance certificate once it has been issued
Three Meade Street Ltd v Rotorua District Council [2005] 1 NZLR 504(HC)
- This case also examines the nature of CCCs as guarantees of freedom from defects.
Maggs v In Accord Properties Ltd HC Auckland M1115/SW02, 30 May 2003
- This case involved interpretation of the phrase “completion to code compliance certificate standard”.
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Most Recent Determinations
2021/020: Regarding the refusal to issue a code compliance certificate for 23-year old alterations to a residential dwelling
2021/017: Regarding the issue of a code compliance certificate for the installation of a solid fuel burning appliance
2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling
2021/003: The refusal to issue a code compliance certificate for 20-year-old additions and alterations to a 50-year-old house
2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding
2020/023: The refusal to issue a code compliance certificate for building work
2020/016: Regarding the authority's issuing of a code compliance certificate in respect of the mechanical ventilation system to a restaurant kitchen
2020/015: Regarding the refusal to issue a code compliance certificate for building work on a relocated house
2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions
2020/008: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding
2020/005: Regarding the refusal to issue a code compliance certificate for a 22-year-old house
2020/004: Regarding the compliance of a pool barrier consisting of an automatic cover and the decision to issue a code compliance certificate for the
2019/066: The refusal to issue a code compliance certificate in respect of two sides of an above-ground pool acting as the pool barrier
2019/053: Regarding the issue of a code compliance certificate for building work that had not been completed
2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding
2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate
2019/042: The code compliance of a garage built over a boundary
2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system
2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house
- Whether an authority was correct to refuse to issue a code compliance certificate for a building consent granted in 1998 under the former Building Act 1991, building code clauses B1 Structure, B2 Durability, E1 Surface Water, and E2 External Moisture that applied in 1998.
2021/017: Regarding the issue of a code compliance certificate for the installation of a solid fuel burning appliance
- Whether an authority was correct to issue a code compliance certificate for a woodburner, whether it complied with C2 Prevention of Fire.
2021/008: Regarding the authority's decision to issue a code compliance certificate for a new dwelling
- Whether an authority was correct to issue code compliance certificate for new dwelling, whether the authority would have been aware of any non-compliance when issuing code compliance certificate.
2021/003: The refusal to issue a code compliance certificate for 20-year-old additions and alterations to a 50-year-old house
- Refusal to issue a code compliance certificate for 20-year-old additions and alterations due to concerns about compliance with Building Code.
2020/033: The refusal to issue a code compliance certificate for historical building work to construct an outbuilding
- Refusal to issue a code compliance certificate for construction of an outbuilding that was later converted to a sleepout.
2020/023: The refusal to issue a code compliance certificate for building work
- Refusal to issue a code compliance certificate, whether to accept producer statements on verification of the ground bearing and the completion of a surface water soakage trench.
2020/016: Regarding the authority's issuing of a code compliance certificate in respect of the mechanical ventilation system to a restaurant kitchen
- Considers the compliance of kitchen ventilation system as designed and as built, and the compliance of existing exhaust ductwork and discharge point.
2020/015: Regarding the refusal to issue a code compliance certificate for building work on a relocated house
- Refusal to issue a code compliance certificate due to building work to strengthen the existing roof of the house, as-built compliance of the building with Building Code Clause B1 Structure.
2020/011: Regarding the refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions
- Refusal to issue a code compliance certificate for a relocated house with 19-year-old alterations and additions, performance of the building envelope.
2020/008: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding
- Refusal to issue a code compliance certificate for a 20-year-old house due to concerns about its compliance with Building Code Clause E2 External moisture.
2020/005: Regarding the refusal to issue a code compliance certificate for a 22-year-old house
- Refusal of code compliance certificate for a 22-year-old house, lack of energy works certificates for electrical and gas services. The house was the subject of significant consented alterations that are now 12 years old, and for which a code compliance certificate was issued.
2020/004: Regarding the compliance of a pool barrier consisting of an automatic cover and the decision to issue a code compliance certificate for the
- Automatic pool cover as a pool barrier, whether a special exemption was granted under the Fencing of Swimming Pools Act 1987 and the compliance of the automatic pool cover as a pool barrier with Clause F4.
2019/066: The refusal to issue a code compliance certificate in respect of two sides of an above-ground pool acting as the pool barrier
- Refusal to issue a code compliance certificate for two sides of an above-ground pool acting as the pool barrier, which were not constructed in accordance with the building consent, and F4.
2019/053: Regarding the issue of a code compliance certificate for building work that had not been completed
- Issue of a code compliance certificate for building work when some of the work had not been completed, authority's ability to reverse the code compliance certificate.
2019/049: The refusal to issue a code compliance certificate for a 20-year-old house with monolithic cladding
- Refusal to issue a code compliance certificate for a 20-year-old house principally due to concerns about its compliance with Building Code Clause E2 External moisture.
2019/044: Regarding the code compliance of a domestic garage and driveway and the issue of a building consent and code compliance certificate
- Compliance of a domestic garage and driveway with Building Code Clause D1 Access routes, including whether their dimensions are appropriate for the intended use.
2019/042: The code compliance of a garage built over a boundary
- Whether a garage built over a boundary complies with Clause C3 (Spread of Fire) of the Building Code in place when the building consent was issued, and whether the authority was correct to issue a code compliance certificate for the work.
2019/037: The refusal to issue a code compliance certificate for a 17-year-old house with a corrugated cellulose fibre cladding system
- Refusal to issue a code compliance certificate for a 17-year-old house principally due to concerns about its compliance with Clause E2 External moisture
2019/033: Regarding the refusal to issue a code compliance certificate for a 22-year old house
- Refusal to issue a code compliance certificate where the building work was carried out without required inspections.