APIA Blog

RSS Feed

Shaun Peacock: Building consents - a FAQ

Thursday, March 07, 2019

IMG CREDIT: UNSPLASH

In light of recent smack-down of unconsented work being carried out in Auckland, we thought it would be a great opporutnity for all of us to learn about building consents, CCCs, inspections and all that fun stuff. Big thank you to Shaun Peacock and the team at Duncan King Law for providing excellent answers to these FAQs. 

 

What is a Building Consent?

A Building Consent is the initial approval from Council to construct, alter or demolish a building and confirmation that your plans comply with the Building Code (which is New Zealand’s national standard for how buildings should be built and operated).

Do I need a Building Consent?

If you are carrying out construction, alteration, demolition, or removal work that affects any building in New Zealand and which was commenced after 1 January 1992, then the default position is that you need a Building Consent. There are a number of exceptions, which are set out in Schedule 2 of the Building Act 2004.

What is the process after a building consent is granted?

As you carry out the work, Council will carry out a number of inspections of the property. You and your builder will need to provide producer statements, electrical certificates and other reports for various elements of the building work.

You should be aware that most building agreements provide that the builder must only make “reasonable efforts” to obtain producer statements from subcontractors.

What is a Code Compliance Certificate?

A Code Compliance Certificate is Council’s confirmation that the building actually carried out is in accordance with the Building Code. It requires a final inspection by Council and a number of other documents.

What happens if the Building Consent has expired?

You have five years from when Building Consent is granted to complete the work and obtain a Code Compliance Certificate. You may be able to extend this period.

After 5 years, Council imposes additional requirements, such as carrying out durability assessments of the whole dwelling.

When dealing with historical work where Council processes have not been completed it can pay to involve a consultant. These are usually former developers or Council staff who are familiar with the process and with the people, which can make the process run much more smoothly. For example, recently we worked with an estate which had not obtained a Code Compliance Certificate, and additionally, the work actually carried out differed from that in the building consent, though this work had been inspected by Council inspectors and there were no issues with the quality of the work. The consultant was able to procure Council to retroactively vary the Building Consent and grant a Code Compliance Certificate in approximately 3 months.

What about work that was done without a building consent?

If a Building Consent has not been obtained and the work was commenced after 1 January 1992, you should apply for a Certificate of Acceptance. Council will inspect the work and determine whether it complies with building standards. It may also be helpful to involve a consultant.

What about worked commenced before 1 January 1992?

Prior to that date, you should have obtained a building permit, which did not require a Code Compliance Certificate to issue as evidence that the work is compliant. However, if a building permit was not obtained, you can obtain a third-party inspection report, called a Safe and Sanitary Report, which confirms that the work is safe and habitable.

If a Safe and Sanitary report is obtained and a copy is accepted onto the Council file, Council has a policy of taking no further action, unless it becomes aware that there is a safety issue.

Who can carry out Building Work?

Building Work must be supervised by a Licenced Building Practitioner. You can check if your builder is an LBP here.

What do I do if I have a problem with Building Work?

The Building Practitioners Board, which licenses building practitioners, disciplines Building Practitioners, and can impose fines and suspend or cancel a practitioner’s licence but cannot order compensation.

The Building Disputes Tribunal hears disputes relating to quality and payment disputes. It can order compensation and specific performance. The Tribunal has limited timeframes once the claim is commenced of approximately 12 weeks from the initial notice of proceeding to the adjudicator issuing their decision, which is beneficial from a speedy resolution perspective, but it requires that you be organised before the claim commences.

 

 

This is a guest blog submission from APIA member Shaun Peacock. Guest submissions are a way for APIA members to share their views and experiences with each other and do not necessarily reflect the views and position of the APIA.  The content of this article is general in nature and not intended as a substitute for specific professional advice on any matters and should not be relied upon for that purpose. 


ABOUT THE AUTHOR

Shaun Peacock

 

Campbell is a Solicitor at Duncan King Law, and acts for clients on a broad range of commercial and property matters, from conveyancing and subdivisions to commercial leases and business transactions. 

 

 


 

Recent Posts


Tags

tax holiday house Q&A inspection heating property value education speculator LIM rent arrears structure bond advice HHGA minor dwelling interest rates Kris Pedersen Mortgages and Insurance letting fee trust ocr asbestos election 2017 off the plan Must knows short-term rental first home buying sale and purchase How to renovation maintenance market privacy auckland landlord buyer's agent meth contamination CoreLogic bad tenant investment strategy building cat investor management insurance cash-flow warm up new zealand television robert kiyosaki negotiation ask an expert property maintenance productivity p lab wealth creation nzpif letting Question and answer mortgage DTI property buying anz Investment tip sale and purchas initio Sponsored post parry v inglis Market report ring-fencing TCIT Guest blog equity debt enforcement rental wof housing affordability finance reserve bank housing bubble Landlording wins house prices partners income trespass banking Property (Relationships) Act tenancy issues insulation Holler property cycle rta reform auckland council property management skill shortage warren buffett tenancy services principal and interest rental market cgt winz Must know bond form lvr CCC buying rules interest only financial advisers act airbnb government personal growth relationship ird return Investor story Jeff Bezos watercare Standards New Zealand worksafe boarding house positive cash flow unitary plan subdivision capital gain development Editor's Choice rta HSWA gluckman report sublease beginner investor tenancy tribunal market rent tenant business legal rent water bill HHS scotney williams trademe

Archive

Introducing Our Partners
Principal Sponsor - Kris Pedersen Mortgages & Insurance logo Gold Sponsor - Barfoot & Thompson logo Gold Sponsor - CoreLogic logo Keith Hay Homes logo Maintain To Profit logo The Insulation Warehouse logo The New Zealand Property Investors' Federation logo
09 360 2376
info@apia.org.nz

The Tenancy Practice Service and TPS Credit Control work closely with the Auckland Property Investors' Association. Our vision of bringing helpful resources, documents and high quality services to Auckland Property Investors and Property Managers is shared by APIA, so its a partnership that works well. 

The Auckland Property Investors' Association is a great organisation for those who want access to advice and information from a range of industry experts and partners. 



Mathieu Holt- Managing Director, The Tenancy Practice Service & TPS Credit Control
Through the Association I found the channels and methods to fund the purchase of property I never dreamed about. Grant Brown

All round it has been one of those things Neil and I felt was really worthwhile belonging to. We have learned so much it has just built our confidence in what we are doing.

Janice Bieleski
I read two articles in the monthly magazine that saved me over $5,000. That is my membership fee for the next 26 years and I am sure I will learn a whole lot more! John Duncan
Fantastic organisation. The networking opportunities are brilliant and provide us with information and opportunities that cannot be obtained anywhere else. We learn something new at every meeting and we've been in this game for nearly 20 years. Pauline and Gyanen Kumar

I find the information obtained from various APIA meetings very useful in guiding my own property investment and rental management.  I also enjoy the networking opportunities with like-minded investors.  I am inspired by other investors’ success and find the more experiences and knowledge that I share with others, the more confident I become.  

Thanks to all APIA event organizers and administrators for your brilliant work. 

Stella Shao

I like talking to people and learning from their experience because it gives me the confidence to invest well. I think it is a knowledge thing. I now know I am doing things the right way.

Stephen Weatherall

My APIA membership has become a total success.

Every time I attend a monthly or regional meeting I come away with so many useful and positive tips that have added value to my property investments and management.

Not only that, the website is a great place for practical advice and useful information. It has now evolved into an important resource for my business.

Talk about value for money! The discounts I have been getting at Bunnings when I present my APIA membership card have more than paid for my annual subscription!

Tim Duffett, Plan A Investments Limited