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Commencing construction, inspections and Code Compliance Certificates

Large dams and building consents

When does works need to be started on site?

Works within the approved building consent must commence within 12 months of the consent being issued. Under section 52 of the Building Act 2004, if works does not commence within this period of time the consent will automatically lapse.

If there are anticipated delays with the start of works, you may request an extension of time which may allow for the lapse date to be extended for a further agreed period of time. An extension of time will be reviewed by the BCA and a decision to approve or refuse the extension will be made. To request an extension of time please contact us with details on the extension date and the reasons for the extension. This request must be done before the building consent lapse date. An extension of time cannot be applied after the lapse date as the consent automatically lapses and a new consent is required.

Before construction starts

Building inspections during the construction period are required to be undertaken as per the approved building consent document to ensure that there is sufficient evidence to enable the BCA to be satisfied on reasonable grounds that the building work complies with the building consent and New Zealand Building Code compliance is achieved.

The building consent will state which inspections are required and by whom. The number and type of inspections will vary from project to project, and a schedule of inspections required will be included in the granted building consent. All building consent inspections will be planned, performed and managed by either consultants engaged by Waikato Regional Council OR alternatively the applicant's CPEng consultant where WRC determines that they have the appropriate expertise to undertake these inspections (This decision will be identified in the building consent conditions).

The cost of inspections undertaken by a WRC engaged consultant will be based on actual costs and will include charges for time on site and travel. These costs will be invoiced once the inspection has been completed.

Common inspection types

The matters that require inspection may include the following, although the specific requirements will be determined on a case by case basis:

  • siting of dam components
  • footings, foundations or underpinnings
  • findings from excavations
  • compaction and strength certificates
  • placement of framework, steel, conduits, drainage
  • appurtenant structure or specified systems details
  • site hydraulic conditions
  • post construction hydraulic conditions
  • routing of peak flood and super-design flows
  • documentation evidence of design process including dam design QA process.

Booking an inspection

As the BCA covers a large area, significant travel will likely be required. We will endeavour to do an inspection at a time to suit, but we request that you request the inspection with as much notice as possible (three to five working days) to enable us to mobilise and travel to site.  

There is a regulatory requirement that 80% of building inspections requested must be booked within 3 working days from the date the inspection is requested.

Please contact us to book an inspection. You will need to provide:

  • The building consent number
  • Site address
  • Full name and phone number of contact person on site
  • Date the inspection is required
  • Type of inspection (from the building consent)

Please ensure when booking any inspections that the works will be ready for inspection on the requested day. If it is not and we have to return, there will be additional costs.

Someone must be present during the inspection to ensure Health and Safety criteria are met. If your site contact is unable to be there, you can either reschedule or notify us of a change to the site contact. If we turn up to site and the contact is unavailable, you will be charged for the time taken to get to site and will be required to rebook the inspection.

At the inspection

On the day of your inspection please ensure site access is available and clearly communicated. For the inspection to proceed you must have the approved building consent documents

  • Available on site; and
  • In a condition where they can be read, so the officer can check and reference details while undertaking the inspection.

Consented documents can be either

  • Electronic on a device with a minimum screen size equivalent to an A4 sheet of paper, or
  • A clear readable printed copy (you will need to provide these).

This ensures all contractors on site and inspection officers are viewing the approved documentation and ensures building work is being completed to the approved building consent.

Site inductions: Where site inductions are a requirement for access to site, please ensure you notify us of this requirement so that we can factor this into the time booked for the inspection. On the day, please ensure that the person who undertakes these is available on site on our arrival.  Any delay will likely lead to additional costs or the inspection being cancelled.

Where WRC consultants have carried out the inspection, an inspection report will be generated by the consultant documenting the inspection outcome. provided within four working days of the inspection completion from WRC.

Where an inspection fails, the work to be rectified should be recorded within the inspection record. In most cases another inspection will be required to inspect the remedial work. Depending on the works and the failure you may have to stop works or continue with it being checked at the next inspection. You may also need to apply for any amendments that arise from the failure. If you are unsure, please discuss with your design and construction teams or contact us.

An inspection can be failed when:

  • Documentation needs to be supplied to enable the inspector to make a decision on whether the completed work meets requirements
  • Work is not completed to the consented plans
  • Outstanding issues from previous inspections remain non-compliant. 

Where building work done is not as per the approved consented documents, this will need to be:

  • Corrected and reinspected; or
  • Approved by the inspector as a minor onsite variation; or
  • Amended through a formal amendment application to the consented plan.

Reinspection after a failed inspection will be required in most cases to check remedial work. Missed inspections may mean that a CCC cannot be issued, as code compliance has not been confirmed.

Construction monitoring and reports

Where other professionals are carrying out construction monitoring (such as undertaking the agreed hold points), a construction report with inspection findings will be required to enable the BCA to determine reasonable grounds for issuing a Code Compliance Certificate.

The construction report should include:

  • A record of all inspections referred to in the inspections documents of the building consent
  • Details of testing undertaken on site by the Contractor and the Engineer
  • Certification that verifies the encountered conditions and construction materials properties necessary for the dam to perform in a safe and acceptable manner
  • As built details showing any approved minor variations and/or amendments to the approved building consent
  • Producer statements from the Constructor(s)
  • Any relevant information relating to commissioning.

All information provided should detail how the completed works shows compliance with the approved building consent documentation (and its variations).

Site variations

Sometimes the construction works on site is unable to be completed as per the plans and things need to be changed to ensure compliant construction. These changes can be managed through either an amendment or a minor variation.

Minor variations are minor modifications, additions or variations to your approved consent which do not significantly alter the consent plans and specifications. Generally, a minor variation will be able to be readily confirmed that compliance is achieved or not reduced from what was consented without a magnitude of documents.

A minor variation needs to be agreed to and signed off by the BCA and applied for before the Code Compliance Certificate is issued. To request a minor variation review, please contact us with the details of the variation and any relevant documentation. Our team will review the request and confirm if it meets section 45A of the Act. If not, an amendment will be required.  

An amendment is where the changed result in modification, addition or changed to your consented documentation that affects compliance with the Building Code. Generally, an amendment will need review of revised documentation to confirm satisfied on reasonable grounds test and amended consent documents to be issued.

You will need an amendment where it affects:

  • Structure
  • Internal and external moisture
  • Drainage
  • Fire safety
  • The construction details (where details were not included in the approved application)
  • Changes to the level of compliance achieved.

An amendment is required to be applied for using our Form 2 Building Consent Application and should:

  • Have relevant updated documents, with changes clearly marked.
  • Be applied for before your Code Compliance Certificate is issued.
  • Applied for before work is carried out or covered up and unable to be inspected.

The building consent conditions and inspection requirements may change depending on the extent of the change.  An amendment has 20 working days to be processed and is treated similarly to a Building Consent application.

Notice to Fix

A Notice to Fix (NTF) is a legal notice requiring a person to fix a violation of the Building Act 2004 or any regulations under this Act. A NTF can be issued for any violation of the Act, not just for building work non-compliance.

A NTF can be issued by a BCA or regional authority. They are issued to a named specified person, that could include:

  • The owner
  • The person carrying out building work
  • Any other person supervising building work.

A NTF will be issued where an authority believes on reasonable grounds that:

  • A specified person is working outside of the Building Act 2004.  An example of this, doing building work without a building consent
  • A specified person is disregarding any of the Building Regulations under the 2004 Act (including Building Regulations 1992, which contain the Building Code)
  • A building warrant of fitness is not correct
  • The inspection, maintenance or reporting procedures stated in a compliance schedule aren’t or haven’t been complied with
  • The required forms for Dam Safety have not been provided in the required timeframe.

We have some discretion as to what to include in NTF and use this to make sure a NTF is appropriate to the circumstances of particular situation.

If you receive a NTF;

  • Read the details of the notice
  • Ensure you understand your options to achieve compliance
  • Ensure you understand the timeframes in which you need to rectify the issue
  • Apply for any building consent required for remedial work
  • Keep us informed of how you will comply and when you intend to achieve compliance
  • Don’t undertake any additional work until the non-compliances are fixed and the NTF is lifted by council
  • If in doubt, contact us to discuss.

Once the notice is complied with, we will provide written confirmation to you (and any other specified persons) that the NTF has been complied with and lifted.

If you don’t comply with the NTF within the timeframe stated, this can result in additional NTF’s, infringement notice/s and associated fees or prosecution under the Building Act 2004.

Completion of your build

The final step in construction of a building with a building consent is a Code Compliance Certificate (CCC). This is a certificate that is issued by the BCA confirming completed works are constructed in accordance with the approved building consent and complies with the Building Code.    

Before issuing your CCC we will determine that we are satisfied on reasonable grounds that:

  • The building has been completed and complies with the building consent
  • The building work complies and will continue to comply with the building code, including any specified systems
  • All required documentation has been provided
  • The application for CCC is correct and complete.

It is the owner’s responsibility to apply for a CCC on completion of the consented building works. Leaving a CCC outstanding can lead to expiry of the consent.

What are specified systems

Specified systems are building systems or features that are listed in Schedule 1 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005.

They are systems or features that are contained in, or attached to, a building and contribute to the proper functioning of the building. They ensure a building is safe and health for members of the public to enter, occupy or work in.

Specified systems are uncommon in dams, but not unheard of with things like lifts being installed in large dams across the country. If you are uncertain on if a system you are installing is a specified system, please contact us to discuss.

What is a Compliance schedule

Buildings with one or more active specified systems will be issued with a compliance schedule and compliance schedule statement.

Compliance schedules list the systems and features of specified systems included in a building. Information on specified systems must be provided with the building consent application. This allows the details required under section 50 to be included with your building consent.

The compliance schedule contains information on the inspection, maintenance and reporting procedures needed to keep them in good working order. A compliance schedule and compliance schedule statement will be issued with your code compliance certificate. A compliance schedule must be kept on site and made available to building officers, Independent Qualified Persons (IQP’s), and authorised agents.

Where an existing building with a compliance schedule has specified systems removed or new systems installed during alteration then you'll need to apply for an amendment to your compliance schedule.

A compliance schedule statement listing the specified systems within the building is issued at the same time as the compliance schedule and code compliance certificate. This must be replaced in 12 months with a building warrant of fitness (BWOF), issued by the building owner. 

Expiry of Building Consent

Under section 93 of the Building Act 2004, if no CCC application has been made within the expiry of two years after the date to which the building consent was granted, the BCA has 20 working days to issue or refuse the CCC.

If you are aware that works will not be completed within the two year timeframe, you may request an extension of time which may allow for the expiry date to be extended for a further agreed period of time. An extension of time will be reviewed by the BCA and a decision to approve or refuse the extension will be made. To request an extension of time please contact us with details on the extension date and the reasons for the extension. This request can be made at any point before the BCA makes the decision to issue or refuse the CCC.

The expiry date of a building consent does not affect your building consent approval and construction can continue until completion if the build is incomplete. If the build is complete and the BCA has sufficient evident to be satisfied on reasonable grounds that construction is in accordance with the consent, then the CCC can be issued. Outstanding fees and Development Contributions may delay the issuing of a CCC.

Code Compliance Certificate Application

CCC for dams in most areas of the North Island are currently the responsibility of WRC. We hold the BCA accreditation for 7 other councils with Dam building consenting responsibilities. We can only issue building consents and CCC for dams. If you are unsure on which BCA issued your building consent, please contact us to discuss.

An application for CCC can be submitted by email, mail or to the Council building. Our preference is email submission as all documents are now electronically managed. Prior to submission we strongly recommend that you check that you all documentation required and complete prior to making the application for CCC. The minimum information you will need to supply is (as applicable to your project):

  • Form 6 Code Compliance Certificate application form, with all parts of the application form completed correctly
  • Energy works certificate for electrical or gas work (as required)
  • Current manufacture’s certificates for modular component(s) used.

It is of note that Licensed Building Practitioners (LBP) records of works are also required to be provided at this time. However, currently dam construction is not considered Restricted Building Work (RBW) and these are unlikely to be required or provided for construction of a dam.

On receipt of your completed application (meets the requirements of section 92 of the Building Act 2004) the 20 working day statutory clock starts. If the required information to enable your application for CCC to be accepted as not been provided, we may ask for this information. In this case, the clock will not start until this information is received.

Issue of Code Compliance Certificate

On receipt of your application we will review the application and provided documents and determine if compliance with section 94 of the Building Act 2004 has been made.

To be satisfied on reasonable grounds that the building work complies with the building consent you may be required to provide information such as:

  • Third-party certifications i.e. producer statement
  • Construction report with all construction monitoring details
  • Specified system installation certificates
  • Record of Title
  • Any other documentation requested on the Form 5 as a required document
  • Any other documentation you believe provides evidence of compliance.

Where compliance with section 94 is unclear, we may request further information (RFI). On this request, the statutory clock will be stopped until the RFI has a full and complete response. The CCC clock works in the same way as the building consent statutory clock, where it will not start again until the next working day.

If any development contributions (DC’s) are required to be paid, this may hold up the issuing of your CCC. Where DC’s are outstanding we must refuse to issued the CCC until we have received evidence that the DC has been paid or there is a written agreement between the owner and authority who issued the DC notice.

The BCA will issue the CCC once it is satisfied on reasonable grounds that:

  • The building work complies with the building consent
  • That in a case where a compliance schedule is required, the specified systems in the building are capable of performing to the performance standards set out in the building consent.

The issuing of as CCC signals the end of building works under that Building Consent.

Refusal of Code Compliance Certificate

Your application for CCC maybe refused when we are unable to be satisfied on reasonable grounds that compliance with the building consent has been met.

A CCC may not be issued where:

  • All building works, to which the consent relates, is not complete
  • Inadequate evidence that the building work complies with the building consent
  • Inadequate evidence to show the requirements of section 94 have been met
  • There is a ban on a product or building method used on your building.

Where a CCC is refused, you can continue works and apply for CCC once the identified non-compliances are remedied. 

Occupation of a Building Before Issue of Code Compliance Certificate

If your building is open to the public, whether for free or a charge, it can’t be used or occupied until a CCC is issued. This is because public premises generally have specified systems for the safety and wellbeing of the building users. These systems need to be certified before public can occupy or use the building.

Public buildings include:

  • Shopping malls
  • Cinemas
  • Marae
  • Camping grounds
  • Garages and workshops
  • Funeral homes
  • Offices and/or retail complexes
  • Rest homes

It is possible to apply for a certificate for public use under section 362W of the Building Act 2004.

A certificate for public use (CPU) can be applied for when part or all of the building is to be used before CCC issue or where work is being carried out on an existing public building where access is to be retained. Not that it is an offence to let the public access or use a public building during work without a CPU or CCC. Not having wither may result in NTF, infringement or enforcement action.

It is uncommon for a dam to meet the criteria of CPU. However, if you believe you require a CPU, please contact us to discuss this and how to apply.

Where there is no Code Compliance Certificate

Discuss with us any building work that has been completed without building consent so you can consider your options to comply with section 40 of the Building Act 2004.

Exemptions under Schedule 1 of Building Act 2004

Certificate of Acceptance (COA)

Any building work carried out in urgency without a building consent, such as during an emergency, will require an application for a Certificate of Acceptance (COA). A COA provides limited assurance that the works comply with the NZ Building Code. It is not a CCC.  

A COA cannot be issued when:

  • Building work has been carried out before 1 July 1992
  • A building consent has already been issued for the work
  • When confirmation of code compliance is unable to be determined.

If your building work required a building consent, you must obtain this before you begin work (except as required in an emergency). Failing to obtain a building consent is an offence and council may take enforcement action against you where works are undertaken without a building consent. Even with a COA issued for unconsented building work, further enforcement action can be undertaken where significant non-compliance is determined.

To apply for a COA, please provide us with the completed Certificate of Acceptance Form and any relevant evidence. Information may include:

  • Proof of construction compliance
  • Photographs
  • Relevant certifications
  • Design drawings
  • PS1, PS2 and PS4 from supervising engineers (if applicable)
  • Expert opinion reports
  • Statement of urgency – explanation on why work has been undertaken in urgency
  • Declaration of who complete the work

On receiving your application, we will assess the building work against the Building Code. We may ask for further information or discussion about your application. We may also undertake an on-site inspection if the reviewer deems it appropriate.

An application for COA will be processed within 20 working days. Where further information is required, the clock will stop until all information is received.

Council will issue a COA when it is has inspected or assessed the building work and is satisfied that it complies with the Building Code. If council has not been able to assess and approve a building consent application, this may be because it could not inspect the work during construction to ensure it meets the Building Code. In this case, council may not be able to ensure compliance.

As council will have had no involvement in the building work to date, the applicant is responsible for providing evidence to show that the building work complies with section 17 of the Building Code. This is particularly important for those parts of the building work that council cannot inspect, such as foundations. The COA will include a list of the building work that council has inspected and confirmed compliance for. Any building works that cannot be verified will also be listed and excluded on the COA.

If development contributions are required, council may not issue a COA until payment is made and any other Council fees and costs are received.

As the result of a COA, council may issue a Notice to Fix, or you may need to remove building work that does not comply with the Building Code. You may also need to get a building consent to carry out further work, to ensure that the building work complies with the Building Code.

If there is insufficient evidence provided to demonstrate compliance with the Building Code, council may refused to issue the COA. You will receive written notice of a refusal with the reasons should council be unable to confirm compliance.

Works prior to Building Act 1991

Works undertaken prior to 1 July 1992 are works completed before the Building Act existed. They were subject to Building Bylaws and the Building Permit System.  It is not necessary to do anything about this work and a COA cannot be issued for this work.

If you have any questions regarding works without a CCC, please contact us to discuss.