Compliance Schedules & Building Warrant of Fitness

1. Overview

The information below is designed to help building owners and managers understand their responsibilities under the Building Act 2004. It is particularly important if you are the owner of a commercial, industrial or communal building.

The Building Act 2004 also outlines what Council does to enforce provisions (laws) to protect public health and safety.

Council's principle aim is to educate/monitor and work with owners/managers to ensure aims of the Building Act 2004 are maintained before enforcing penalties.

Common abbreviations

• BCA: Building Consent Authority
• BWOF: Building Warrant of Fitness
• CCC: Code Compliance Certificate
• CS: Compliance Schedule
• CSS: Compliance Schedule Statement
• IQP: Independent Qualified Person
• LBP: Licensed Building Practitioner
• MBIE: Ministry of Building, Innovation & Employment
• NTF: Notice to Fix
• NZBC: New Zealand Building Code or Building Code or Code
• TA: Territorial Authority

2. What is a Compliance Schedule?

A Compliance Schedule is an inventory of a building’s specified systems issued by the Council. The Schedule specifies:

1. Inspection, maintenance and reporting procedures; and
2. the frequency of inspections and who should perform those inspections.

3. What is a Building Warrant of Fitness?

A Building Warrant of Fitness (BWOF) must be renewed annually.

A BWOF verifies the inspection, maintenance and reporting procedures for all the specified systems within a building have been carried out in accordance with the Compliance Schedule for the previous 12 months. It is the owner’s responsibility to have the BWOF completed annually.

The owner must then display a copy of the BWOF in a place in the building where it can be seen and the public have access.

The Council requires a copy of the BWOF and any Form 12A(PDF, 450KB) certificates.

4. What is an IQP?

IQP (independent qualified person) are system specialists.

An IQP is a person approved by the Council to inspect certain Compliance Schedule items and ensure they meet performance standards. ‘Independent’ means the person (or firm) has no financial interest in the building they are auditing.

A list of approved IQP's is available by contacting our Customer Services Team on 03 433 0300.

5. How IQPs and Compliance Firms can help you

You cannot issue a BWOF without getting the annual IQP checks completed and a certificate (known as a Form 12A(PDF, 450KB) ) signed off.

An IQP firm or Compliance Company can act as your agent to help out with the paper work. They will co-ordinate all the specialist IQPs, collect the paper work and issue the BWOF, as well as deal with Council for you.

6. What is a Form 12A?

Form 12A(PDF, 450KB) is a form issued by an IQP annually to verify the inspection, maintenance and reporting procedures on a Compliance Schedule for a specified system have been carried out during the previous 12 months - enabling the BWOF to be reissued by owner/owner’s agent.

7. The owner’s responsibility

The building owner must:

• Engage IQPs registered with Waitaki District Council. (All registered South Island Independent Qualified Persons (IQP's) personnel are recorded on the IQP Register administered by Timaru District Council.)
• Make sure any owner inspections are done by tenants, staff or yourself. Specialist inspections must be done by an IQP.
• If your building is vacant, all inspections as per the Compliance Schedule are still required.
• Keep the Compliance Schedule and all records in the place assigned by Council.
• Keep all records for at least two years.
• For the first year, you must display the Compliance Schedule Statement in a public place in the building. Every year after that you must issue a BWOF and display a copy of the BWOF.

Please send BWOF and IQP Certificates (Form 12A(PDF, 450KB)) to Council either by emailing a copy to building@waitaki.govt.nz or sending a hardcopy to:

Waitaki District Council, 20 Thames Street, Private Bag 50058, Oamaru, Otago 9444.

8. Tenants and the owner

The building owner’s responsibilities are clear, whether or not the building is tenanted by others. The owner, however, can delegate those responsibilities to an employee of the owner or to someone else under a contract or a lease. Tenants could also be liable if they breach the Act.

An owner, and anyone acting on the owner’s behalf in signing a BWOF, is liable for making any false statement in the warrant.

9. Council audits

Building owners should be aware Council may undertake random audits of a building for which a Compliance Schedule has been issued, and the specified systems in the building under Section 111 of the Building Act 2004, and may charge a fee for an inspection under this section.

10. Applying for, or amending a Compliance Schedule

Installation, alteration or removal of a specified system requires a Building consent. If the system is existing please talk to a Council Building Officer.

11. Penalties

The Building Act 2004 contains a number of provisions to protect public health and safety that are important for building owners and managers. There are a range of penalties for failing to comply with these provisions.

12. Specified systems under the Building Act 2004

Systems listed under the Building Act 2004 include:

Please see the Building Act 2004, or Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 for more information.