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You can apply for a certificate of acceptance [PDF, 226 KB] under the Building Act 2004 for work that has been carried out without building consent, or where another building consent authority cannot issue a code compliance certificate (eg a former private building certifier).

An application can be made if building work has taken place after 1 January 1993 and

  • an owner or previous owner carried out or arranged building work without a building consent (but consent should have been obtained), or
  • building work has been carried out urgently in accordance with section 42 of the Building Act 2004, or
  • in circumstances where a private building consent authority is unable or refuses to issue a code compliance certificate.

The certificate:

  • is a document from the Council that states that it is satisfied to the best of its knowledge and belief on reasonable grounds that, in so far as it can ascertain, that the specified building work complies with the building code – it is not a code compliance certificate
  • may be qualified to the effect that only parts of the work could be inspected by the Council, which limits Council's liability to the extent of that work it was able to inspect is a statement that helps provide some assurance to the building owner, or future owners, that Council has a record of the work.

The value of a certificate of acceptance to the building owner and potential purchasers will ultimately depend on how much of the work the Council was able to inspect. In many circumstances its not possible to see everything so the certificate will only specify the elements of the building that can be approved.

The Ministry of Business, Innovation and Employment (MBIE) has guidance for building officials on:

  • requirements for applying for a certificate of acceptance and situations where one is needed, and
  • processing applications for a certificate of acceptance.