Safer Buildings

Illegal building works

Unfortunately, we sometimes have to deal with situations where building works have been undertaken that contravene the requirements of the Building Act. Examples of illegal building works would include works being undertaken without a building consent when one was required or work that has not been undertaken in accordance with a building consent when one has been issued.

In such situations there can be a number of options available and we strongly recommend that if you find yourself in this situation that you contact us to discuss them.

Undertaking illegal building works can lead to prosecution of anybody involved in the works. This can include owners, agents and tradespersons. It is important, therefore, that you contact us as soon as you discover that illegal building works have been undertaken so that we can work with you to arrive at a resolution.

It may be possible for a Certificate of Acceptance (COA) to be issued, dependent on the type and extent of works involved. 

What is a Certificate of Acceptance (COA)?

A COA is a certificate which confirms that works undertaken without a building consent, when one was required, meet the requirements of the New Zealand Building Code. A COA is not a replacement for a building consent and can exclude specific sections of the Building Code if we are unable to confirm that the works comply. Examples of this would be foundations that have been filled, bracing that is hidden behind wall linings etc.

The issue of a COA is not necessarily the end of the matter. There may be remedial or further works to be undertaken and you may then need to apply for a building consent to undertake those.

Please note that Council is under no obligation to issue a COA and we always recommend that you obtain a building consent in advance when one is required.

How do I apply for a COA?

Applications for a COA must be made using the appropriate form and be accompanied by plans and specifications.

Certificate of Acceptance Application Form [201.8kb]
Certificate of Acceptance Guidance Notes [230kb]

How are applications processed?

The process for assessing an application for a COA is broadly similar to that for assessing applications for building consents. One significant difference is that we will always undertake an inspection of the property as part of the assessment process.

For information about processing building consents, follow the link below.

Processing a Building Consent

Swimming pools

All new swimming pools capable of containing more than 400mm of water require a building consent before installation. The application for consent must cover both the pool itself and the pool fence. The Fencing of Swimming Pools Act 1987 gives a definition of a swimming pool and you should read this to identify whether your pool requires  a consent if you are in any doubt.

Fencing of Swimming Pools Act 1987 (NZ Legislation website) Opens in a new window.

We have statutory responsibilities placed upon us under the Fencing of Swimming Pools Act 1987 which require us to undertake regular monitoring to ensure that swimming pool fences continue to comply. We are also required to proactively identify pools that are not appropriately fenced.  The purpose of these regulations is to protect children from the risk of drowning.

In order to comply with the requirements of the legislation our monitoring team will undertake regular inspections to properties known to have pools.

For pools that are filled this will be on a  three yearly basis and for those where we have been notified that the water level has been reduced to less than 400mm, this will be on an annual basis . There is a charge for this service.

To view the fees and charges, follow the link below.

Fees and Charges

Building Warrant of Fitness (BWOF)

If your building has a Compliance Schedule, you will be required to issue an annual Building Warrant of Fitness.

A Building Warrant of Fitness is a statement issued to Council by the owner of a building that confirms that the maintenance checks detailed in the Compliance Schedule have been undertaken during the preceding 12 months.

You will need to ensure that those who undertake the checks and maintenance are appropriately qualified. These are called Independently Qualified Persons (IQPs). Follow the link below to view the current IQP register.

Independent Qualified Persons (IQP) Register [196kb] 

It is an offence for a Building owner to not display a current BWOF certificate if one is required. Follow the link below to download a copy of the Warrant of Fitness form.

Building Warrant of Fitness Form 12 [33.4kb]

Dangerous, Insanitary and Earthquake Prone Buildings

The Building Act requires Council to prepare a policy setting out the approach we will take on dangerous, insanitary and earthquake prone buildings. 

For information about our policy, follow the link below.

Dangerous, Insanitary and Earthquake Prone Buildings Policy