New Building Act 2004

Just a warning to residential developers and commercial developers.
More provisions of the Building Act 2004 come into force at the end of March.

Those effecting Residential Property Developers who plan to onsell is that you will require a Code Compliance Certificate (CCC) before the sale is finialised.

That sounds fine, but these two clauses should concern most Develpopers and their financers.

92.Application for code compliance certificate—

(1)An owner must apply to a building consent authority for a code compliance certificate after all building work to be carried out under a building consent granted to that owner is completed.

93.Time in which building consent authority must decide whether to issue code compliance certificate—
(1)A building consent authority must decide whether to issue a code compliance certificate for building work to which a building consent relates within—

(a)20 working days after the date specified in subsection (2); or

(b)any further period after the date specified in subsection (2) that may be agreed between the owner and the building consent authority concerned.

2)The date referred to in subsection (1)(a) and (b) is—
(a)the date on which an application for a code compliance certificate is made under section 92; or
(b)if no application is made, the expiry of—
(i)2 years after the date on which the building consent for the building work was granted; or
(ii)any further period that may be agreed between the owner and the building consent authority concerned.

(3)Subsection (1) applies whether or not an application for a code compliance certificate is made under section 92.

(4)A building consent authority may, within the period specified in subsection (1), require further reasonable information in respect of the application for a code compliance certificate, and, if it does so, the period is suspended until it receives the information.

Dinos comment: Commercial Building owners will be effected where the public has access to part of the building, as then they need a CCC before they can occupy or use the building.

This would include all retail premises, restaurants, hotels etc etc.and possibly the foyers of apartment buildimgs if the public have free access. So your new shop etc., could be complete for 4 weeks before you can open it to the public.

363.Offence to permit public use of building for which no building consent or code compliance certificate has been granted—

(1)This section applies to a building that is intended for public use.

(2)A person commits an offence if the person uses, or permits to be used, any part of a building to which this section applies that is affected by building work—
(a)for which a building consent is required, but no building consent has been granted; or
(b)for which a building consent has been granted, but no code compliance certificate has been issued.

(3)A person who commits an offence under this section is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

(4)For the purposes of subsection (1), a building is intended for public use if the building is intended to be open to the public, or is being used by the public, whether for free or on payment of a charge.

DINOSAUR, Been there done all that, cant stand the crap. i only do small stuff now, the office wallers have ruined the building game. I was raving on about leaky homes in 1975, argued with building inspectors, thank god i am out of it. They try and price developers out, who pass on the cost with joe public footing the bill. Ask a building inspector to make a decision, not only will they pass the buck, but they know nothing. The building game in NZ is dictated to by people that are completely clueless. Its great to be at the age where i can tell all those no hopers to go and get stuffed. Bit of free advice to the home buyer. DONT BUY A PLASTER EXTERIOR HOUSE OVER A TIMBER FRAME FROM 1975 TO 2005 OR EXPECT THE WORST. macdunk

Duncan,

Yep, I'm planning to get out before practitioner licensing becomes compulsory in Nov 2009. Then you will need to be licensed or be supervised by someone who is licensed to install a window or install weatherboard, as they will be restricted works. Then again, what they (the councils) don't know, won't hurt them.

I think my great great great grandfather will soon be turning in his grave, as a house he built here over 160 years ago is still standing. I don't think he even got a permit and he was a farmer.

PS Sad but true. From now the building inspector won't give you any advice, as they are there to make sure what is consented on the plan is build. No more, no less. They would not be covered by the councils insurancer if the advice they gave turned out to be wrong.

Thanks guys for bringing this up. Gawd save us from these encumberances. Like Dinosaur I'll just keep doing what I do in spite of the red tape and keep it small as Duncan does.