Purpose of this guidance information
The purpose of this guidance information is to help building owners and managers of commercial, industrial or communal (public use) buildings understand their responsibilities under the Building Act 2004 as they relate to compliance schedules and building warrants of fitness.

Residential properties do not require a compliance schedule, unless it has a cable car installed.

Legislative requirements
The Building Act 2004 (the Act) outlines Council’s responsibilities in respect to enforcing the provisions of the Act and promoting and protecting the public’s health and safety. Council’s role is to educate, monitor and work with building owners, managers and independent qualified persons (IQPs) to ensure that the purposes and principles of the Act are achieved.

What is a compliance schedule?
A compliance schedule is an inventory or list of specified systems, contained within a building and states the performance standards which must be met:
•    Inspection, testing, maintenance and reporting procedures
•    The frequency of inspections, and
•    Who should perform those inspections

What is a Specified system?
A specified system is a system or feature that is contained within a building for the primary purpose of maintaining health or life safety of building users i.e. fire alarm, sprinkler, mechanical ventilation system, etc.

Requirements for specified systems are set out in the 1st Schedule of the 2005/032 Building (Specified Systems, Change the Use, and Earthquake-Prone Buildings) Regulations 2005. Where one or more of these systems exist in a building, a compliance schedule is required. 

Please refer to the Specified Systems Guidance document attached to assist when applying for your Building Consent.

What is a performance standard?
The level of performance a specified system is intended to meet, and continue to meet, at the time it was designed and installed in a building. 

Compliance with the Building Code is normally achieved by referring to an acceptable solution or a verification method. For example, the performance standard for sprinkler systems is NZS 4541:2013. This standard specifies what the maintenance, inspection and reporting regime is for sprinkler systems. 

When is a compliance schedule issued?
A compliance schedule is issued at the same time as the code compliance certificate, along with a compliance schedule statement. 
The compliance schedule is issued by Council, when it is satisfied that all specified systems are operational.

How do I apply for a compliance schedule?
Information relating to specified systems is usually submitted as part of your Form 2 Application for a Building Consent. Documentation must accompany the application, identifying the type of system being installed.

Documentation must state what type of specified system is being installed; where the system is located; and the name and year of the performance standard that the system will be maintained, inspected and reported against. Specified Systems Guidance 

It is recommended that drawing(s) are provided on project completion showing the general location of all specified systems contained within the building. This ensures that a correct and accurate record exists and assists the IQP to determine whether all features have been properly inspected, maintained.

What is a compliance schedule statement?
When the compliance schedule is issued, a compliance schedule statement is also issued. The compliance schedule statement must be kept and displayed in a public/visible location such as the lobby or reception area of the building. Council must agree to the location of the statement. The compliance schedule statement states the specified system(s) on the compliance schedule and where the compliance schedule is kept.

The compliance schedule statement is valid for the first year and must be replaced by a Building Warrant of Fitness (BWOF) on, or before the anniversary date of the issue of the compliance schedule.

If an interim compliance schedule is issued, this will be replaced by a final compliance schedule when the building work is complete and the CCC is issued. However, the compliance schedule is effective from the date that the interim compliance schedule was issued, (i.e. if an interim compliance schedule was issued with a CPU, the date of the compliance schedule that is attached to the CCC will be the same as the date of the (CPU) as systems will already have commenced their maintenance, inspection and reporting regimes.

The compliance schedule statement is issued by Council.

Can I have more than one compliance schedule for multiple tenancies?
Yes, where a building consent application relates to multiple tenancies, which comprises several blocks of shops or units, it may be more appropriate to issue one compliance schedule for each block of shops / units, within the complex. For this scenario to apply, it will depend on the extent and scope of the specified systems installed e.g. if there is one sprinkler system or one alarm system that spans multiple tenancies, a single compliance schedule can be issued for that particular block.

Where there are multiple tenancies, the applicant should advise the preferred option so that compliance schedules can be prepared accordingly. Where multiple compliance schedules are prepared, each one must have its own unique number.

Specified Systems Guidance Document for Customers 

Where a premises has an existing Compliance Schedule and a change needs to be made to the Schedule because of building work undertaken or changes to the way the building is used, it is likely that a change could be required to the Compliance Schedule.

• (PDF 32.05KB) Amendment to Compliance Schedule Application (PDF 112.47KB)

What is a Building Warrant of Fitness (BWOF)?
A Building Warrant of Fitness (BWOF) is a certificate issued by the building owner confirming that all of the specified systems contained within the building have been inspected and maintained and are 
performing in accordance with the compliance schedule. A BWOF verifies that 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.

Who is responsible for issuing the Building Warrant of Fitness (BWOF)?
Issuing of the BWOF certificate is the owner’s responsibility; this document must be issued annually. 

The owner is required to display a copy of the BWOF certificate in a visible location in the building where it can be seen and to which the public have access.

In summary every year the building owner is required to:
•   Issue a BWOF
•   Display a copy of the BWOF certificate (Form 12) in a visible location
•   Provide Council with a copy of the BWOF and IQP Certificates (Form 12A)

How is the Building Warrant of Fitness (BWOF) issued?
The building owner or the owner’s agent issues a Building Warrant of Fitness (BWOF) on a Form 12 prescribed by Building Forms Regulations 2004. A BWOF certificate is issued for a 12-month period, which coincides with the date that the compliance schedule was issued. 

The BWOF is required to:

• State that the requirements of the compliance schedule have been satisfied
• State that the requirements of the compliance schedule have been satisfied
• Be signed by the building owner or their agent
• State where the compliance schedule and any associated certificates or reports (Form 12a) will be located

The building owner must attach copies of all Form 12a certificates together with any recommendations and forward these to the Council. 

What is a Form 12a certificate?
This is the certificate issued by the independent qualified person (IQP) verifying that the inspection, maintenance and reporting procedures set out on the compliance schedule have been undertaken. The IQP must attach to this form any other supporting documentation confirming compliance i.e. such as certificates of compliance, certificates of completion or producer statements for construction and 
construction review.

It is recommended that drawing(s) are provided on project completion showing the general location of all of the specified systems contained in the building. This ensures that a correct and accurate record exists for all systems and assists IQPs to determine whether all features have been properly inspected, maintained and reported on.

Who or what is an IQP?
This is a person identified by the Council as being a person qualified to carry out any performance inspection, maintenance and reporting on a particular system or feature. IQPs (or IQP compliance companies) are employed by the building owner but must have the approval of the Council to undertake the work. 

The Council will assess the IQP to ascertain that they are appropriately qualified to undertake the work performed. (A fee may be charged for this assessment). ‘Independent’ means that the IQP has no financial interest in the building that they are auditing.

Getting professional help
You cannot issue a BWOF certificate without getting the necessary checks completed and obtaining a certificate (known as a Form 12A) signed off. You can use an IQP compliance company to act as your agent to help sort out all the paperwork. They can co-ordinate all specialist IQP inspections required for each of the specified systems in your building, collect the paperwork and issue the BWOF as well as deal with the Council for you.

Tenants and the owner
The building owner’s responsibilities are clear, whether or not the building is tenanted. A building owner may delegate his / her responsibility to a tenant. But this does not alleviate the owner from liability if the tenant fails to fulfil obligations. A building owner or anyone acting on the building owner’s behalf in signing a BWOF may be liable if they make a false or misleading statement in the BWOF.

Council inspections/BWOF Audits
The territorial authority is required to inspect a building and the specified systems in the building and may charge a fee (section 111).

Inspection means the taking of all reasonable steps to ensure that:
•    An annual BWOF supplied under section 108 is correct; and
•    Every report under section 110 is correct

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 is a range of penalties for failing to comply with these provisions:

• If a person is the owner of a building for which a compliance schedule has been obtained, they are liable for a fine of up to $20,000 with a further fine of $2,000 for each day the offence is continued
• Building owners can be fined up to $20,000 for failing to display a Building Warrant of Fitness, or displaying a false or misleading Building Warrant of Fitness;
• Building owners who fail to give written notice of a change of use commit an offence and are liable to a maximum fine of $5,000;
• It is also an offence carrying a fine of up to $100,000 to use or permit the use of a building, which is not safe or sanitary, or if it has inadequate means of escape from fire.

Forms 11 and 12 contain requirements to state the buildings current lawfully established use and the building occupant load. This information may be sourced from the building consent application form held by Council. Note the description of the building use should be clearly stated. For example: an office building containing retail space should be called “office and retail” not commercial.

Non-testable backflow prevention devices
Non-testable backflow devices must be included in the compliance schedule; the testing and reporting regime should reflect the type of device installed

• There is a verification test in G12/AS1 for atmospheric vacuum breakers;
• Other non-testable backflow devices such as dual check valve assemblies should have an appropriate visual inspection and be replaced every two years

What is a Notice to Fix

A notice to fix (NTF) is a statutory notice requiring a person to remedy a breach of the Building Act 2004 or regulations under that Act. A notice to fix can be issued for all breaches of the Act, not just for building work.

Issuing of a notice to fix

A notice to fix is issued by a building consent authority or a territorial authority.

They’re issued to a specified person, the building owner, and where applicable

• the person carrying out building work
• any other person supervising that building work.

A notice to fix must be issued where we, as the authority, believe on reasonable grounds that

• a specified person is working outside of the Building Act 2004 (for example, doing building work without a building consent, or not following the building consent)
• a specified person is disregarding any of the Building Regulations under the 2004 Act (including the Building Regulations 1992, containing the Building Code)
• a building warrant of fitness is not correct
• the inspection, maintenance or reporting procedures stated in the compliance schedule aren’t or haven’t been complied with.

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

What to do if you receive a notice to fix

If you receive a notice to fix

• read the details of the notice and ensure you understand your options to achieve compliance and the timeframe in which to do this
• you may need a building consent to complete remedial work
• keep council informed of how you’ll comply and when any remedial works will be carried out
• don’t do any other work until you have fixed the non-compliances and the council has lifted the notice
• if in doubt on any of the details contact us to discuss further.

Once the notice to fix has been complied with we’ll provide written confirmation to you (and the building owner if not you) that the notice to fix has been complied with and lifted.

If you don’t comply with the notice to fix within the stated timeframe this can result in

• further notices to fix being issued, or
• the possibility of an infringement notice and associated fee, and
• ultimately can lead to prosecution under the Building Act 2004.

Fines on conviction can be up to $20,000. Where it is a continuing offence, further fines of up to $20,000 for every day or part of a day during which the office has continued.

From 1st January 2017, pools are required to meet the Building (Pools) Amendment Act 2016. Replacing the Fencing and Swimming Pools Act 1987.

Pool safety barriers are now regulated by the Building Act 2004, under provisions of Clause F9 of the New Zealand Building Code (Building Regulations). Swimming and paddling pools over 40cm deep require a  pool fence, which needs building consent to comply with the Act. Pools over 35,000 L capacity require a building consent.

Gates or doors entering the immediate pool area must have self-closure devices, and only pool related equipment should be in the enclosure - so a fence around the whole garden does not comply. 

Key changes include:

• Residential swimming pools must be inspected every three years
• Safety covers will be able to be used as barriers for spa pools and hot tubs
• Territorial authorities will have better tools to enforce pool barrier requirements, including notices to fix and infringement notices.
• The Amendment Act created new Building Code clause F9.
• The Building (Pools) Regulations 2016 sets out the fees payable by independently qualified pool inspectors, and the certificate they will issue if a pool has compliant barriers.
• The Building (Pool Manufacturers and Retailers) notice in the New Zealand Gazette sets out the requirements for notices that manufacturers and retailers must supply with pools from 1 September 2017.

You can read more about restricting access to residential pools on the Building Performance website. 

Swimming Pool barriers and fences require Building Consent. 

Please refer to the Safety guidance and the Pool Safety Checklist for further details.

New Zealand is extremely prone to seismic activity and ensuring the safety of people is paramount. Commercial buildings need to be safe for occupants and users. Some of these buildings may be Earthquake-Prone, that is, under 35% of the standard of a new building (NBS).

The Building (Earthquake-prone Buildings) Amendment Act 2016 came into force on 1 July 2017. It categorises New Zealand into three seismic risk areas and sets time frames for identifying and taking action to strengthen or remove earthquake-prone buildings. 

Westland District Council as a Territorial Authority has the role of identifying these buildings, assigning them ratings and issuing notices based on engineer's reports, and publishing the information in the public register. The Council also encourages owners of EQP buildings to take action to make them safe. 

You can view the national register of buildings that are Earthquake-Prone here: Register of earthquake-prone buildings 

If you are the owner of a commercial or public building, there is very good guidance on MBIE's website: Managing earthquake-prone buildings 

If you think your building may need to be assessed for seismic risk, you can View MBIE's Seismic Risk Guidance for Buildings. 

Proposed Changes to the Earthquake-Prone Building System

The Government is proposing legislative changes aimed at making the EPB system more proportionate and cost-effective by focusing on higher seismic risk areas and high-risk building types. A bill containing the proposed changes is expected to be introduced in coming months.

The changes are designed to target buildings that pose the greatest risk to life safety, while reducing unnecessary costs and disruption, particularly in regional communities.

By enabling more cost-effective approaches to seismic strengthening, remediation will be more accessible for building owners than under the previous regime.

The proposed changes include:

• removing low risk buildings and buildings in low seismic zones (Auckland, Northland and the Chatham Islands) from the EPB system
• introducing tiered risk mitigation requirements, making use of new engineering methodologies, based on location and building type
• allowing building owners to apply for deadline extensions, to encourage incremental progress
• reducing barriers to seismic strengthening by removing the requirement for concurrent fire and accessibility upgrades.

These changes mean that:

• around 55% of EPBs (around 2,900 buildings) will be removed from the EPB system
• around 1,440 will have more affordable remediation requirements
• 840 EPBs will have no mandatory requirement for remedial work, and
• only around 80 buildings will require a full retrofit due to the risk they pose.

Cabinet paper, reports, and supporting analyses

From 31 August 2020, some building projects no longer need a building consent, making it faster and easier for people to turn their building dreams into a reality.

These are the types of building projects that may no longer require a building consent:

• SOME single-storey detached buildings such as sleepouts, sheds and greenhouses up to 30 square metres (see 'Sleepouts' and 'Accessory Buildings'). 
• Carports (up to 40 square metres )
• Ground floor awnings, verandas and porches (up to 30 square metres).
• Repairing and replacing some existing building elements. 

Solar panel arrays, permanent outdoor fireplaces or ovens, water storage bladders for irrigation and firefighting purposes, short-span small bridges, hay barns and pole sheds are also included.

Even though these building projects may not need a building consent, all work must meet the Building Code and some work requires a professional. Some projects also require Resource Consent (see 'Resource Consents' tab in the side bar). It's important that homeowners know there are still rules that need to be followed.

If you own the property, you own the responsibility. This means you must check whether your building project requires a Building Consent or Resource Consent.

All the information you need to make your decision is available at https://www.building.govt.nz/buildit

Where work has been undertaken without a Building Consent having been granted and certification is required as to the apparent standard of the work, application can be made for a Certificate of Acceptance. It is likely that a Certificate of Acceptance would be associated with other legal proceedings relating to the unlawful building work. It may be necessary for you take legal advice. These applications should be submitted through the online portal.

All applications MUST be accompanied with detailed plans, including site plan, floor plan, elevations, cross sections etc and supporting information including, bracing details, engineer details (if any), ground bearing report, specifications, truss certificates and any other information to support your application. If these details are not provided your application may be rejected.

• Click here to lodge an application or create an account.

If the public uses all or part of your building, and you want them to access it before your building work has been signed off as complete, you can apply to the council for a certificate for public use. Your application will need to show that all or part of the building (whatever you are applying for) can be used safely by members of the public.

If you don't have a certificate for public use, you could be fined up to $200,000 and fined up to a further $20,000 for every day or part of a day the offence continues.

You can only apply for a certificate for public use if a building consent has been granted but the code compliance certificate has not been issued. You will still need to apply for a code compliance certificate once the building work has been completed.

See MBIE guidance at "Public access while building or altering a public building".

• Certificate of Public Use Application (PDF 220.32KB)

Please return the completed CPU application form to  buildingadmin@westlanddc.govt.nz or post to Private Bag 704, Hokitika 7842 or deliver in-person to 36 Weld Street, Hokitika.

Please do not email or attach the application to the Building Consent via Objective Build. CPU's follow a different operational process and sending it to the consent might cause unnecessary delays.

Extension of time to commence building work

Under Section 52 of the Building Act 2004, a Building Consent lapses after 12 months if work is not started. You can apply for one extension of time for 12 months if circumstances have prevented you from starting work. 

Extension of time to complete building work

If no application for Code Compliance has been received at 24 months, the BCA has 20 days to make a decision on whether to issue or refuse a Code Compliance Certificate (CCC). You can apply for an extension of time to complete the work to avoid CCC refusal. However, if CCC is refused, you can still carry on working and having work inspected as before, and apply for CCC at some point in the future. The BCA then has 20 working days to make the decision to issue or refuse CCC. 

You can apply for either Extension of Time using the following forms:

• Application for Extension - Online Form (PDF 107.95KB)
• Application for Extension (PDF 107.95KB)

The form is required to be completed for a request for waiver or modification in respect of Compliance with Building Code Clause B2 Durability on a Code Compliance Certificate. This form must be completed by the owner or agent.

• Request for Waiver of Modification (PDF 131.17KB)

MultiProof Eligibility Expanded

The Government has relaxed eligibility criteria when applying for the national multiple-use approvals scheme, MultiProof. 
From 14 December 2025, more developers can now apply for a MultiProof to speed up building consents for standardised designs.
With MultiProof approval, nationwide developments will benefit from a faster building consent process.

Building consent is still required for MultiProof approved designs, but this is limited to addressing site-specific features such as foundations and site services and must be completed within 10 working days instead of 20.

The following eligibility requirements have now been removed to make it easier for more developers to access this approval pathway:

• Requirement for applicants to build a design at least 10 times over two years, provided the designs are still intended to be replicated.
• Requirement for applicants to intend to build themselves.

Supporting Shared Designs

Expanding eligibility for MultiProof will make it easier to share MBIE-approved architectural plans and designs. Applicants can choose to make MultiProof plans available to builders and homeowners, giving them confidence that these builds will benefit from faster, more efficient consenting.

Express lane for new supermarkets

In March 2025, the Government sought feedback from the grocery sector and potential new entrants on possible barriers limiting supermarket development. 

In response to industry feedback, the Government has taken three key actions to create an express lane for new supermarkets:

• Amending the Fast-track Approvals Act 2024 to clarify grocery developers’ eligibility for the fast-track approvals process.
• Selecting Christchurch City Council to manage building consents for eligible supermarket developments nationwide.
• Removing restrictions to use MultiProof for faster building consent of standardised designs.

These changes have been made as part of a package of reforms to make it easier for new competitor supermarkets to be built in New Zealand.  More information on the Government’s grocery work programme is available on the MBIE website. 

Centralised supermarket building consent service to boost grocery competition – Building Performance

Supermarket competition – MBIE