Occupation of a Building Before Issue of Code Compliance
You can occupy a residential building before your code compliance certificate is issued. Before you do however we suggest you check the conditions of your build contract and with your insurance company first.
If your building is open to the public, whether for free or a charge, it can’t be used or occupied until a code compliance certificate is issued.
This is because public premises generally have specified systems for the safety and wellbeing of the building users. These systems need to be certified before public can occupy or use the building.
Public buildings include
- shopping malls, cinemas
- camping grounds
- garages and workshops
- funeral homes
- office and/or retail complexes
- rest homes, etc.
It may be possible to apply for a certificate for public use under section 362W of the Building Act 2004.
Certificate of public use
You can apply for a certificate for public use (CPU) for your commercial building if you want to open any part of your building to the public while
- a code compliance certificate hasn’t been issued, or
- building work is being done.
This allows your building, or parts of your building, to be used in the interim under certain conditions - see our information on certificates of public use for more details.
Note that it is an offence to let the public access or use your premises during building work without a CPU or CCC. Not having either may result in a notice to fix, infringement or other enforcement action.