Commencing construction, inspections and certification
- When a consent lapses •
- When building work can begin •
- When premises for public use can be occupied (including Certificate of Public Use process) •
- Information on how consents are inspected •
- What to expect on inspection day by WRC consultants •
- Notices to Fix •
- Information on how consents are certified
When a consent lapses
(Section 52)
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.
When building work can begin
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.
When premises for public use can be occupied (including Certificate of Public Use process)
(Section 363)
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's 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.
Information on how consents are inspected
What to expect on inspection day by WRC consultants
(Should these inspections be undertaken by applicant's CPEng engineer, similar requirements may apply)
On inspection day, you or your agent need to be on site with consented plans and associated documentation. Building consent authorities can refuse to undertake an inspection if a copy of the approved consent documentation is not available. These should always be on site anyway to be used as the 'building plans' by your builder and other contractors.
You, or your representative, need to:
- respond to any requests from the inspector, so that they can give you approval to proceed.
- arrange for access to the building, or building work, so that the person inspecting can carry out the inspection. This includes safe access to ‘off-the-ground’ and “normally inaccessible” areas should that be required.
- minor issues might be easily fixed or approved, and noted on the inspection record - i.e. part of the building consent documentation. Note: these "minor variations" all require approval from WRC.
- major problems will require a formal amendment through the council before work can proceed (stop-work).
- the inspector will advise whether the extent of the stop-work applies to the full building consent, and if a conditional continuation of work applies to unaffected areas.
- following an inspection, check the inspection record to see whether the work passed and that all inspections performed are listed.
- if the work passed, continue with your work.
- if the work failed, fix all areas of non-compliance and arrange another inspection within advised timeframe.
- where there is a material non-compliance, the inspector will advise WRC, who will decide whether to issue a Notice to Fix.
Building consent authority inspection requirements will vary with the size and complexity of each project.
WRC consultants are required to provide a copy of the full inspection records to WRC within two working days of completion of the site inspection. WRC will provide a copy of this inspection report (which may include further action required such as a Notice to Fix) to the applicant's representative within two working days of receipt of inspection report from the consultant. This is recorded on WRC’s “Summary of Inspection” form F28.
Notices to Fix
(Section 163 – 168)
Where material non-compliance is identified during the inspection process, Waikato Regional Council may issue a notice to fix. Follow up inspections regarding the matters covered by the notice will be undertaken by Waikato Regional Council as required. If you have not met all the requirements of the notice to fix, 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.