Building Compliance Schedules and Warrant of Fitness
This page explains:
A Compliance Schedule is required for buildings that are not used wholly as a single household unit if the building has a specified system i.e., automatic sprinkler, back flow prevention, fire alarm, etc.
Compliance Schedules are required for buildings used wholly as single household units only if it has a cable car attached to it or servicing it.
It is the owner's responsibility to ensure that their building is safe. If your building has any specified systems the Building Act requires that you have a Compliance Schedule (issued by Council).
A new compliance schedule can be obtained by contacting BWoF@pcc.govt.nz.
There is a cost to issue or amend your Compliance Schedule.
I want a copy of my existing Compliance schedules
You will need to provide the street address of your building and (if known) the Compliance schedule number. You can find this on the Compliance Schedule near the top of the document.
Building Warrant of Fitness
You should send Building Warrant of Fitness on or before origin /issue date (example date only).
Why do I need a Building Warrant of Fitness?
A Building Warrant of Fitness (BWoF) is a statement supplied by a building owner, confirming that the systems specified in the Compliance Schedule for their building have been maintained and checked in accordance with the compliance schedule for the previous 12 months, and that they will continue to perform as required.
It is an offence under section 108 (5)(aa) of the Building Act 2004 not to supply a BWoF and a person who commits an offence is liable to a fine not exceeding $20,000.
You are required to display a Building Warrant of Fitness in a prominent place that is accessible to the public (this maybe the foyer or reception area) of your building.
An owner must provide to the territorial authority, a copy of their Building Warrant of Fitness (BWoF), copies of Form 12A certificates from Independent Qualified Persons (IQPs), including any recommendations made by the IQP on or before the anniversary of the Compliance schedule.
IQPs are found under the Yellow Pages.
A BWoF must be supplied on Form 12 of the Building (Forms) Regulations 2004. It must include generic information as well as the following.
The location of the particular building.
Current lawfully established use, including number of occupants per level and per use (if more than one).
The owner of the building with contact details.
Original date the building was constructed.
- Certificates relating to inspections, maintenance and reporting. (forms 12A)
The Building Act 2004 requires that:
the BWoF must state that the inspection, maintenance and reporting procedures of the compliance schedule have been fully complied with for the previous 12 months;
a copy of each certificate of compliance (forms 12A) issued by the IQP for each of the specified systems, along with any recommendations for amending the compliance schedule, must be attached to the BWoF provided to the territorial authority;
the owner must use the prescribed BWoF form in the Building (Forms) Regulations 2004, providing all the information and attachments required in that form.
Role of the territorial authority (Porirua City Council)
The territorial authority will review the BWoF and the IQP documents provided. There is a fee charged for this review. This fee is set by Council every year and is published on Council's website.
Where any recommendations have been made by an IQP, Council will determine whether the compliance schedule needs to be amended, based on those recommendations and advise you or your agent of the outcome.
The Act requires Council to proactively check a building to ensure a BWoF is correct, and that IQP reports are correct. We may write to you to request an appointment for a site audit.
We now charge for this audit/inspection.
Council will strive to remind you at least a month prior to when you Building Warrant of Fitness is due. With this reminder there is a form that allows you to update any contact details, which you should compete and send back to us as soon as possible.
You should however not rely solely on this Council reminder but ideally diary the activity at least a month prior to your Building Warrant of Fitness due return date.
If you have a compliance schedule for your building
A Building Warrant of Fitness is also required.
You should ensure that you have arranged all the inspections and maintenance required prior to the due date.
This reminder includes a blank form 12 (BWoF form), a change of detail form, and the form 12A.
To allow us to provide a better and more responsive service please fill this form in and include contact phone numbers and email addresses. This will allow us to quickly contact you if there are any issues. Council can also provide a compliance schedule for your building. Please apply to BWoF@pcc.govt.nz.
Please take time to read about some important changes to the BWoF regime managed by Porirua City Council.
YOU MUST PROVIDE YOUR BUILDING WARRANT OF FITNESS BY THE DUE DATE.
If a complete BWoF is not provided to the Council by the due date, a Notice to Fix (NTF) will be issued to the building owner, which will incur an additional fee. If you are sending your return by email, please send to BWoF@pcc.govt.nz. You will receive acknowledgment of receipt. Note you should include evidence of the renewal payment being made to avoid it being returned unprocessed. You should pay the fee when you submit your BWoF return.
The annual renewal fee is displayed on the Council web site.
Please note: You should ensure that relevant 12A forms are attached and all the information on the BWoF must be correct.
1. NON-PAYMENT OF THE RENEWAL FEE WILL RESULT IN DEBT COLLECTION FOR THE BUILDING WARRANT OF FITNESS.
If the renewal fee is not paid the debt may be sent to a debt collection agent.
Section 219 of the Building Act 2004 allows the Council to recover costs for performing functions under the Building Act 2004, including costs for processing BWoFs. In accordance with section 219, the Council will not process a BWoF if a renewal fee is not paid.
If you make an electronic payment please ensure you clearly identify that the payment is for the BWoF by including your unique CS number as a reference on the transaction record. Please include evidence of any payment that you have made when you submit the BWoF to the Council.
2. INFRINGEMENT FEE.
Where a BWoF is overdue, incomplete, and or incorrect, a Notice to Fix will be issued to the building owner. If a building owner does not comply with the requirements of a Notice to Fix, an Infringement Notice will be issued.
Please note that the infringement fee for the Infringement Notice is $1000 and may be enforced by the District Court.
3. CHANGE OF ENTITY / MAILING ADDRESS DETAILS.
If any amendments to your contact details or agents contact details are required please fill in the enclosed change of details form and return it to the Council with your BWoF documentation.
Want further information or advice
For more information or advice on Building warrant of Fitness, please email BWOF@pcc.govt.nz.
Links to more building consent information
Porirua City Council links: