Apply for a Certificate of Acceptance

A certificate of acceptance (COA) can be used in situations where work has been done without a building consent.  Its use is outlined in the Building Act 2004 (Part 2 sections 96-99).

COA are more complex and time-consuming than building consent and are usually significantly more expensive. A COA is also not equivalent to a Code Compliance Certificate (CCC). A COA only provides limited assurance that the Territorial Authority (TA) may have inspected the unconsented building work, or building work carried out urgently and found no obvious defects. 

COA are based on the Building Code at the time the application is made rather than what was in place at the time a building consent was granted, should have been applied for, or when the work was actually carried out.

An owner may apply for a COA when any of the following situations occur:

• Where an owner (or predecessor in title) carried out building work for which a consent was required but was not obtained (under either the 1991 or 2004 Acts).
• A private building consent authority or certifier is unable or refuses to issue a code compliance certificate in respect of building work for which it granted a building consent.
• Where building work started or consented before 31 March 2005 affects public premises.
• Where building work has been carried out urgently under section 42 of the Building Act 2004.

You will also need to include:

• Proof of when the work was done – for example, signed or dated building contract payments.
• A statement of urgency if the work was urgent.
• Architectural plans related to before and after work was completed.
• Photographs.
• Relevant certifications.
• Specifications and product information for products used.
• Specified systems information if applicable.
• Project information memorandum if one was issued.
• PS4s from supervising engineers (if applicable).
• Statements of expert opinion, for example in relation to the performance of a building systems or element. 
• Value of work.

All plans and documentation submitted must be to the same standard as that submitted for a building consent application. As such you must provide plans, specifications and any other information that may be reasonably required to demonstrate compliance with the current building code.

The fact that a COA can be issued does not relieve a person from the requirement to obtain a building consent for their building work. Council still has the ability to issue a notice to fix and to prosecute if you have carried out the building work without first having obtained consent. 

A COA cannot be issued if:

• building work was carried out prior to 1 July 1992 (when the building consent provisions of the Building Act 1991 came into force)
• a building consent was ever obtained for the work concerned (except in the situation where a building certifier or building consent authority that is not a territorial or regional authority is unable or refuses to issue a code compliance certificate or if building work, started or consented before 31 March 2005, affects public premises).

Some urgent building work can be done without waiting for a building consent under section 41 & 42 of the Building Act, however strict criteria do apply.  Before undertaking urgent work, it is advisable to discuss this with us on 03 4330300.

The work must be to:

• save or protect lives.
• prevent serious damage to the property.
• ensure a specified system is maintained safely or made safe.

You must ensure the work complies with the Building Code and is done or supervised by qualified tradespeople.

You cannot get a building consent retrospectively for work that has already been completed.

You may be able to get a COA to show the work complies with the Building Code, so potential future buyers can be confident the work is safe, as long as:

• the work was carried out after 1 July 1992
• we are able to assess how the work was done, either through an inspection or through documentation.

If you cannot apply for a COA, you may need to either remove the work and apply for a building consent to reinstate the work or apply for a building consent to upgrade the building work to meet the current code.

Council has twenty working days from the date the COA application is received to decide whether to grant or refuse the application.

We may request more information about the application within the twenty working days from the date the application was received. When such a request is made, the 20-working-day period is suspended until we receive the requested information.

Council will issue the COA only if it is satisfied to the best of its knowledge and belief and on reasonable grounds that, insofar as it can ascertain, the building work complies with the Building Code.

The certificate will be qualified to the effect that only parts of the work were able to be inspected.

Your application can be refused if you cannot prove the work complies with the Building Code.

If you cannot get a COA, you might be required to either:

• remove or rectify the building work – we will issue you a Notice to Fix stating what needs to be done.
• get a building consent to carry out further work to meet the performance standards of the Building Code.

A person commits an offence if they fail to apply for a COA where building work is carried out urgently. A person also commits an offence by carrying out building work except in accordance with a building consent.

COAs are more complex and time-consuming than building consent and are usually significantly more expensive than the equivalent building consent. 

• On application you will need to pay:
• The application fee as set out in our fees and charges

In addition, if the application is made under section 96(1)(a) of the Building Act 2004 the COA will also be subject to the fees, charges or levies that would have been payable had the owner, or the previous owner(s) applied for a building consent to carry out that work. This includes any development contributions that may have been payable.