You must start construction work within 12 months of receiving building consent otherwise the consent will lapse. If you do not commence the building work within this period and still wish to proceed with this work, then you may contact the Waikato Regional Council to seek an extension of the lapse period.
Building work must not can commence until the building consent has been issued by WRC. Should there be any additional RMA requirements that prevent the work from proceeding, WRC will provide a section 37 to the effect ascertained in the certificate. i.e. no building work may proceed; or building work may proceed to the extent stated in the certificate.
The Building Act defines circumstances where buildings (dams) are allowed to be occupied by the public during construction before it has issued a code compliance certificate. Typically a certificate for public use (CPU) can be issued where the council is satisfied on reasonable grounds that members of the public can use the dam safely.
People who own, occupy, or control a dam may apply in the prescribed form to their regional authority for a certificate for public use for the dam or part of the dam if a building consent has been granted for dam and no code compliance certificate has been issued for the work.
While the issuing of a certificate of public use (CPU) is a function that your local regional/unitary authorities’ are responsible for, it is not a BCA functions. However as WRC are the BCA responsible for compliance with the approved building consent, WRC are required to provide advice through to the local council.
i.e. While it your local councils responsibility, they typically engage WRC to process the application (in the same manner as other building consent applications) and make recommendations back to the local council to enable them to make a CPU decision.
When you have obtained a building consent for a dam or associated appurtenant structure, it is the consent holder’s responsibility to ensure the building work is undertaken in accordance with the approved consent documentation and to contact the Waikato Regional Council when an inspection is required. This will enable the Waikato Regional Council to confirm the work complies with the approved consent documentation and the Building Code.
A schedule of inspections, producer statements (if required), and consent conditions will be provided with the building consent. All building consent inspections will be planned, performed and managed by consultants engaged by the Waikato Regional Council.
Where non-compliance is identified by the consultant during an inspection, a ‘notice to fix’ may be issued.
The matters that require inspection may include the following, although the specific requirements will be determined on a case by case basis:
Normally a typical inspection will need to be booked three to five days in advance. However, this is dependant on locality and proximity of dam construction site to the consultants. A list of required inspections and an indication of booking times for inspections will be included in documentation, with each approved building consent.
Where non-compliance is identified during the inspection process, the non-compliance may be resolved through the inspector simply requesting the dam owner/builder to rectify the matter.
Where material non-compliance is identified during the inspection process, the Waikato Regional Council may issue a notice to fix. Follow up inspections regarding the matters covered by the notice will be undertaken by the Waikato Regional Council as required. If you have not met all the requirements of the notice to fix, the Waikato Regional Council can require removal, demolition or alteration of the building work at the expense of the consent holder.
If a notice to fix results in new work being required, an amendment to the building consent may be necessary. The consent holder will be advised accordingly.
The CCC confirms that the completed building work has been built in accordance with the approved Building Consent documents and complies with the Building Code. A CCC is issued by a Building Consent Authority as a requirement under section 95(external link) of the Building Act 2004, at the end of the building consent process, once the final inspection of the consented work has been passed and any other requirements have been satisfied.
A CCC must be applied for as soon as practical after building work is completed OR within 24 months of the building consent being granted. If no application is received, your consent may expire and the Waikato Regional Council may be unable to issue a CCC. Information required with your CCC application is detailed in the consent certificate conditions, issued with your building consent documentation.
You will need to apply for a CCC in the form supplied with your approved consent documentation. This form can be downloaded from the Waikato Regional Council’s website,
If you apply for a CCC in relation to a consent granted or issued by a district or city council prior to July 2008, then you should contact the Waikato Regional Council before applying for a CCC to discuss how your application will be handled.
Waikato Regional Council must issue a code compliance certificate within 20 working days of receiving the application if it is satisfied on reasonable grounds that building work complies with the approved building consent (section 7(external link), section 9(external link)4).(correct this link). This may include that where a compliance schedule(external link) is required as a result of the building work, the specified systems in the building are capable of performing to the performance standards set out in the building consent
This period will commence once the application has been formally accepted for processing, however, the Waikato Regional Council can, within that time limit, require you to provide further information in regard to your application. The ‘clock’ is stopped until you provide this information.
Obtaining a CCC is very important as
Buyers who obtain a LIM(external link) will check whether or not the building(s) matches the information in the LIM.
If you want to sell your property check that any building consent projects have been completed, inspected and that a CCC has been obtained for the project. If you haven’t check these when you originally bought the property without getting a LIM, you may not realise that there is an outstanding building consent listed against the property.