IGNITE Building Consultancy is becoming increasingly involved in obtaining Code Compliance Certificates (CCCs) for buildings that do not have them.
Unfortunately, nothing is simple and the implications of a missing CCC depend on when the works were consented.
Generally, where a Building Consent has been granted but the works do not proceed, the application for BC can simply be cancelled. However, where works have commenced, but no CCC has been applied for, this can (and frequently does) lead to problems.
Unfortunately, nothing is simple and the implications of a missing CCC depend on when the works were consented.
Generally, where a Building Consent has been granted but the works do not proceed, the application for BC can simply be cancelled. However, where works have commenced, but no CCC has been applied for, this can (and frequently does) lead to problems.
The risks are varied:
1. Public Use: It is an offence to use or permit the use of public premises affected by building work that has no CCC or Certificate for Public Use
2. Insurance: Lack of a CCC can invalidate the building’s insurance as there is no proof that any alterations comply with the Building Code
3. Quality of Work: Lack of a CCC raises questions about the extent and quality of the work done. This in turn can create uncertainty around the cost of completing and / or remediating the work to the standard required by the Building Code.
We have also come across instances where a Building Consent Authority cannot issue a CCC. Because a CCC cannot be issued without a Building Consent, and a Building Consent cannot be issued retrospectively, this is where a Certificate of Acceptance, introduced by the Building Act 2004, can be used.
Unfortunately a Land Information Memorandum (LIM) will not identify unconsented works. Only by completing a physical inspection of the property – and comparing the findings against the plans held by Council - will any unconsented works be revealed.
All of these options, however, are far more complicated and costly than ensuring that all the necessary Consents and CCCs are obtained (or cancelled) at the time that the work is undertaken. This goes as much for tenants’ alterations as for any base build works because when tenants move on it is often the landlord who is left to sort out any problems.
Should you find yourself the owner of a building without CCCs, IGNITE Building Consultancy can help. We can pin-point any problems and advise on the most effective remedies. We have also developed strong relationships with many local Councils to enable us to resolve the issues as swiftly as possible.
1. Public Use: It is an offence to use or permit the use of public premises affected by building work that has no CCC or Certificate for Public Use
2. Insurance: Lack of a CCC can invalidate the building’s insurance as there is no proof that any alterations comply with the Building Code
3. Quality of Work: Lack of a CCC raises questions about the extent and quality of the work done. This in turn can create uncertainty around the cost of completing and / or remediating the work to the standard required by the Building Code.
We have also come across instances where a Building Consent Authority cannot issue a CCC. Because a CCC cannot be issued without a Building Consent, and a Building Consent cannot be issued retrospectively, this is where a Certificate of Acceptance, introduced by the Building Act 2004, can be used.
Unfortunately a Land Information Memorandum (LIM) will not identify unconsented works. Only by completing a physical inspection of the property – and comparing the findings against the plans held by Council - will any unconsented works be revealed.
All of these options, however, are far more complicated and costly than ensuring that all the necessary Consents and CCCs are obtained (or cancelled) at the time that the work is undertaken. This goes as much for tenants’ alterations as for any base build works because when tenants move on it is often the landlord who is left to sort out any problems.
Should you find yourself the owner of a building without CCCs, IGNITE Building Consultancy can help. We can pin-point any problems and advise on the most effective remedies. We have also developed strong relationships with many local Councils to enable us to resolve the issues as swiftly as possible.
