Application for a Certificate of Acceptance

Transcription

1 Application for a Certificate of Acceptance (Made under Section 97 of the Building Act 2004) Form 8 Appointment date:... COA No:... THE BUILDING 1. THE BUILDING [If item is not applicable put NA in the space] Street address of building: Legal description of land where building is located: Lot(s). DP/S Building name:..... Location of building within site / block number: [include nearest street access]. Number of levels: [above & below ground] Level / Unit Number:.... Floor area:.... (sq m) [Indicate area affected by the building work] Current, lawfully established, use: [add no. of occupants per level and per use if more than 1]... Year first constructed: [approximate date is acceptable e. g.: c1920s or ].... OFFICE ONLY: Stamp Date received: THE OWNER AGENT [if application is being made on behalf of the owner] Name of Owner / Company: Contact 2. THE person BUILDING [If item is not applicable put NA in the space] Contact person: Mailing address: Street address / registered office: Phone Number: Landline: Mobile: Daytime: After hours: Facsimile number: address: Website: THE FOLLOWING EVIDENCE OF OWNERSHIP IS ATTACHED TO THIS APPLICATION: ( tick that applicable) Certificate of Title Lease Agreement Agreement for Sale and Purchase Other document Name of Agent / Company:..... Mailing address: Street address / registered office: Phone Number: Landline: Mobile:.. Daytime:. After hours:..facsimile number: address: Website:..... Relationship to owner: [state details of the authorisation from the owner to make the application on the owner s behalf] FIRST POINT OF CONTACT for communications with the Council / Building Consent Authority: Owner Agent ( tick as applicable) INVOICE TO: Owner Agent Application: I request that you issue a Certificate of Acceptance for the following building work described in this application: Signature of owner/agent on behalf of and with the authority of the owner: Signature:... Date... TCDC COA Form 8 - Version 7-15 October 2015 Page 1 of 4

2 Description of unauthorised works (please describe work involved) Date the work was carried out: Personnel who carried out the work (if known) Trade Name and address Phone Licence N o : Builder Plumber Drainlayer Designer Engineer Electrician Gas fitter Other Did the building work result in a change of use? Yes No If yes, describe new use:- Intended life of the building 50 years, if less state intended life:- years Building consent numbers for any building consents previously issued for this property, (if any). Estimated value of building work on which levy will be calculated (including goods and services tax): $ (state estimated value as defined in section 7 of the Building Act 2004) Proof of ownership Certificate of title Sale and purchase agreement Lease agreement Council to search Certificate of Title and charge Reasons why a certificate of acceptance is required: The owner, or the owner's predecessor in title, carried out building work for which a building consent was required, but a building consent was not obtained: (please explain reasons in covering letter why building consent not obtained) A building consent could not practically be obtained in advance because the building work had to be carried out urgently: (delete one of the following): (a) For the purpose of saving or protecting life or health or preventing serious damage to property as detailed in attached letter. (b) In order to ensure that a specified system was maintained in a safe condition or made safe as detailed in attached letter The Building Consent Authority that granted the building consent is unable or refuses to issue a Code Compliance Certificate in relation to the building work, and no other Building Consent Authority will agree to issue a Code Compliance Certificate for the building work: Attach a letter giving details of the name of the Building Consent Authority and Building consent granted.the building work will comply with the building code as follows: TCDC COA Form 8 - Version 7-15 October 2015 Page 2 of 4

3 NZBC CLAUSE MEANS OF COMPLIANCE ( Tick as applicable) B1 Structure B1/AS2 NZS 3604 NZS 4203 NZS 4229 Other B2 Durability B2/AS1 NZS 3101 NZS 3602 NZS 3604 Other C1-C2-C3-C4-C5-C6 Fire C1/AS1 C2/AS1 C3/AS1 C4/AS1 C5/AS1 C6/AS1 C7/AS1 Other D1 Access routes D1/AS1 NZS 4121 Other D2 Mechanical installations for access D2/AS1 NZS 4322 EN/81 EN/115 Other E1 Surface water E1/AS1 AS/NZS 3500 Other E2 External moisture E2/AS1 Specific design Other E3 Internal moisture E3/AS1 Council standards Other F1 Hazardous agents on site F1/AS1 Other F2 Hazardous building materials F2/AS1 NZS 4233 Other F3 Hazardous substances F3/AS1 Other F4 Safety from falling F4/AS1 Fencing of Swimming Pools Act (for swimming and spa pool Applications) F5 Construction and demolition hazards F5/AS1 Other F6 Lighting for emergency F6/AS1 Other F7 Warning systems F7/AS1 NZS 4512 AS/NZS 1668 NZS 4515 F8 Signs F8/AS1 Other G1 Personal hygiene G1/AS1 Other G2 Laundering G2/AS1 Other G3 Food preparation and prevention from contamination G3/AS1 G4 Ventilation G4/AS1 AS G5 Interior environment G5/AS1 Other G6 Airborne and impact sound G6/AS1 Other G7 Natural light G7/AS1 Other G8 Artificial light G8/AS1 NZS 6703 G9 Electricity G9/AS1 Other G10 Piped services G10/AS1 NZS 5261 G11 Gas as an energy source G11/AS1 Other Other G12 Water supplies G12/AS1 AS/NZS AS/NZS G13 Foul water G13/AS1 AS/NZS BS 5572 G14 Industrial liquid waste G14/AS1 Other G15 Solid waste G15/AS1 Other H1 Energy Efficiency H1/AS1 NZS 4218 NZS 4243 NZS 4214 Other Compliance schedule: Are there any specified systems in the building? Yes No The following specified systems have been added altered, or removed in the course of the building work. The specified systems for the building are as follows: (specified systems are defined in regulations) Specified system Amendment Reason Attachments: copy of ex. compliance schedule IQP report/s other TCDC COA Form 8 - Version 7-15 October 2015 Page 3 of 4

4 Means of compliance section completed in full? Yes No If specialist inspections required, are forms completed? (Driven pile, blockwork, etc) Yes No If commercial building, is CPU required? (may apply to existing buildings being altered) Yes No Does application need to go to NZ Fire Service? If yes, flag and bring to BCOs attention. Yes No Not sure Is a compliance schedule required? Yes No Is a Building Consent required for remedial works? Yes No If compliance schedule required, has applicant completed application Form 10 and listed performance standards, including specifying the inspection and monitoring requirements? (Note drawings must be provided showing type and location of all systems) Yes N/A Any requests for further information? If yes; FIR completed and copy to customer? Yes No Applicant advised when clock starts? (i.e. next working day) Yes No Building category identified? - National categories R1 R2 R3 C1 C2 C3 Attachments: the following documents are attached to this application Plans and specifications Construction photos PIM Engineers calculations / report As-built photos Resource consent (if required) Producer statements Certificate of title IQP reports Energy work certificate Invoices / dockets Gas Fitter Certificate Certificates from personnel who carried out the building work. List Other Please refer to Guidance Information - Certificate of Acceptance to identify the deposit applicable. DEPOSIT: $ Signed by:... Owner / Agent (delete as applicable) 12. DELIVERY DETAILS Please indicate in the box applicable, how you would like the completed building consent documentation and/or PIM to be posted to you after the processing is finished. Alternatively you can collect your documentation from a Council Service Centre. Please post my documentation to:- OR Name and Postal Address:. I would like to collect my completed documents from Thames Service Centre, 515 Mackay Street Whitianga Service Centre, 10 Monk Street Whangamata Service Centre, 620 Port Road Coromandel Service Centre, 405 Kapanga Road Thames-Coromandel District Council 515 Mackay Street, Thames 3500 Private Bag, Thames 3540 Phone: (07) ; customer.services@tcdc.govt.nz; Website: TCDC COA Form 8 - Version 7-15 October 2015 Page 4 of 4

5 GUIDANCE INFORMATION Certificate of Acceptance (CoA) Made Under Section 97 of the Building Act 2004 Legislative requirements Section 40 of the Building Act 2004 states that buildings must not be constructed, altered, partly demolished or removed without a Building Consent, unless such work is exempted under the Act; a person commits an offence if they fail to comply with this section of the Act. Section 96 states that Council may, on application, issue a Certificate of Acceptance for work already done, however this does not limit the requirements of section 40 and accordingly does not relieve a person from the requirement to obtain a Building Consent for building work. The purpose of this document is to provide guidance information on how building work that has been completed without a Building Consent may be redressed. One option of redressing such works is through the Certificate of Acceptance process. Certificates of Acceptance A Certificate of Acceptance has similarities to a Code Compliance Certificate in that it will provide some verification for a building owner that certain or all building work carried out complies with the Building Code. The application will be assessed against the Building Code that is in place at the time an application is made, not when the work was actually carried out. The information that must be supplied with the application needs to be treated as if it were a new Building Consent application (i.e. the same level of detail). Before accepting an application, Council: requires comprehensive information including plans, specifications and technical product information. a deposit. The Council: has 20 working days to issue or refuse to issue a Certificate of Acceptance. may make prosecutions depending on the circumstances of the application. Where the Council refuses to issue the Certificate of Acceptance, you will be notified in writing. Regardless of the outcome any costs incurred by Council will be recovered. A Certificate of Acceptance cannot be issued in the following circumstances: for building work affecting public use premises where the work was carried out after 31st March for building work carried out before 1st July work for which a Building Consent has been granted and has been inspected by Council. Why would I want a Certificate of Acceptance? Where work has been undertaken on a property without a Building Consent it may be difficult to sell the property or obtain insurance. A Certificate of Acceptance may resolve these concerns as it provides a level of surety about compliance with the Building Code. The situations under which a Certificate of Acceptance can be sought are limited to the following: If you or the previous owner carried out work for which a Building Consent was required but not obtained, or An application was initiated but not completed by a Building Certifier, or Urgent work is required and there is no time to obtain a Building Consent (you must gain Council approval first). Form V 6 - Date: 7 th August Document not controlled when printed. Page 1 of 4

6 Where do I start? If you discover that work has been undertaken and a Building Consent was not obtained (it does not matter who did the work), the first step is to seek professional advice and have some plans drawn up. The plans must be drawn as if an application for Building Consent was being applied for today and include sufficient detail for a building officer to assess compliance. You can use the Building Consent application checklist to identify the type and level of information required for this. Where possible you should try to gather as much information about who did the work, when it was carried out and what materials have been used. If you can obtain photos, invoices, delivery dockets, etc these can be particularly useful. What do I do next? Gather as much information as you can about construction, for example: Identify who constructed the work (builders, plumbers, electricians, etc) and provide written statements outlining the work undertaken (if possible). provide a written description / schedule of the work that was done. identify when the work was undertaken. provide any receipts for purchase of materials. (timber or concrete delivery dockets or invoices, etc). provide an engineer s report for any structural aspects of construction accompanied by producer statements for the design and completed construction, which must be issued by a chartered professional engineer. provide photographs during construction (if available). provide photographs of the completed work. provide either: o a certificate of title (no older than three months). o a lease agreement, or o an agreement for sale and purchase. provide a written explanation as to why a Building Consent was not obtained i.e.: o the work was carried out by the owner, or the owners predecessor in title and they did not obtain a Building Consent, or o the work was carried out under urgency for the purposes of saving or protecting life or health and or preventing serious damage to the property. Deposit payable Please contact customer services to check the fee payable at time of lodgement. All applications must be accompanied by a deposit. The 20 day clock will start once your application has been accepted for processing by a vetting officer. Council has 20 working days to grant or refuse a Certificate of Acceptance. Note, however, that further information may be requested during processing and if requests are made, the clock is stopped until such time as the information is received. Refer to the fees on the back page. Fees Over and above the deposit the following fees are payable, these include but are not limited to: Specialist assessment (engineering, etc). Scanning / records. Administration. Department of Building and Housing and BRANZ levies (N/A in an application processed by a Building Certifier, as these will already have been paid). Inspections. Planning check Form V 6 - Date: 7 th August Document not controlled when printed. Page 2 of 4

7 Issue of Certificate of Acceptance, etc. The issue of a Certificate of Acceptance does not negate the possibility that Council may take enforcement action where there is a breach of the Building Act. Enforcement action is considered on a case by case basis. Inspection of building work It may be necessary for Council officers to undertake a check on the building to confirm the as-built work is in accordance with the plans submitted. During this check the building officer may ask for items to be uncovered to check aspects of construction. This inspection is undertaken during processing of the application and may result in further work being required if non-compliance with the Building Code is identified. If further work is required a Building Consent application could be required (this will depend upon the nature of the work involved). For example, if work is of a minor nature such as replacing galvanised bolts with stainless steel bolts then a site instruction notice will be issued; if however a barrier on a deck does not comply this may be redressed through a Building Consent application. If compliance cannot be established a notice to fix will be issued. Issue of the Certificate of Acceptance Council may issue a Certificate of Acceptance only if it is satisfied to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the Building Code. The Certificate of Acceptance may be qualified to the effect that only parts of the building work were able to be inspected. Council s liability for the issue of a Certificate of Acceptance is limited to the same extent that the Council was able to inspect the building work in question, i.e. that which can be seen. If Council decides to refuse to issue the Certificate of Acceptance, the applicant will be formally notified in writing setting out the reasons for refusal. If compliance cannot be established a notice to fix will be issued. Once you receive your Certificate of Acceptance you should keep it in a safe place for future reference. Notices to fix and infringement notices A notice to fix is a formal notice issued by Council advising that certain works have not been carried out in accordance with the Building Code. If a notice to fix is issued you must address the issues identified within the prescribed timeframe to prevent further action being taken. If a notice to fix is issued, documentation identifying the process will accompany the notice, explaining the process. If you do not understand the notice to fix, it is important that you let us know so that we can discuss and explain the issues with you. Council s preference is to work with people to seek resolution. Although the Building Act provides remedies for failing to meet the requirements of a notice to fix, Council views prosecution as a last resort. Council will usually only seek prosecution where the breach detailed in the notice to fix is significant; threatens the lives of people or adjoining property; or the person who receives the notice is obstructive and unwilling to work with Council to resolve the outstanding issues. Council also has the option of issuing infringement notices to building owners who do not meet building, plumbing, drainage and fire safety requirements, as a means of increasing compliance with the Act. These provisions have been activated by the Building (Infringement Offences, Fees, and Forms) Regulations 2007 which came into effect on 1 July The Regulations are made under section 402 of the Building Act The offences cover initial offences e.g. building without Building Consent; and subsequent offences e.g. failing to comply with a notice to fix. Form V 6 - Date: 7 th August Document not controlled when printed. Page 3 of 4

8 Checklist - fees Step 1: Commission a full set of drawings and specifications (remember the plans must be drawn as if an application for Building Consent was being applied for today and include sufficient detail for a building officer to assess compliance). You can use the Building Consent application checklist to identify the type and level of information required for this. Step 2: Collate all necessary plans, specifications, dockets, photos, contractor details, engineering reports and certificate of title; complete an application form. Step 3: Write a letter setting out the reasons why you did not obtain a Building Consent for the works undertaken. Step 4: Telephone Council and arrange a preliminary lodgement interview so that your application can be assessed prior to lodgement. Step 5: Bring your documentation to pre-lodgement interview; note a deposit will be required if the application is accepted. CoA application type Deposits (non-refundable) Charges will be: Unauthorised building work Work done under urgency $2,000 $500 Double the normal process fee relative to the project value as if it were a building consent, any inspection fees and other fees incurred in the processing of the application. Normal process fee relative to the project value as if it were a building consent, any inspection fees and other fees incurred in the processing of the application. NOTE: Building consent processing fees are fixed annually and maybe altered in due course. (For the current fees refer Councils "schedule of fees" for more information). Please contact Council Building Control Unit if you have any further questions. THAMES-COROMANDEL DISTRICT COUNCIL District Office: 515 Mackay Street Thames Phone: Customer.services@tcdc.govt.nz Form V 6 - Date: 7 th August Document not controlled when printed. Page 4 of 4