Can I occupy my building before Code Compliance is issued?
If your building is residential, then you can occupy it before CCC is issued. Note that you should also check conditions of your build contract and insurance first for conditions relating to occupation prior to CCC issued.
If your building is open to the public, whether for free or payment of a charge, the building cannot be used/occupied until a code compliance certificate is issued. This is because public premises will generally have systems (called specified systems) within the building which contribute to life safety and wellbeing of the building user.
In certain circumstances it may be possible to apply for a certificate for public use under section 363A of the Building Act 2004.
What are public premises?
Any building which is open to the public whether for free or payment of a charge, including:
- Shopping malls, cinemas
- Camping grounds
- Garages and workshops
- Funeral homes
- Office and/or retail complexes
- Rest homes, etc
What is a certificate of public use?
A certificate of public use (CPU) will allow your building to be used before the code compliance certificate is issued. Each application will be considered on a case by case basis. A (CPU) application can be made for a commercial building that intends to be open to the public before the code compliance certificate is issued. An application must be made where alternations are being undertaken on a public use building. You will need to book a pre-application meeting to discuss your requirements and status of your build with an Operations Leader in the Building Department. Where agreed you can lodge the application for a CPU along with a lodgement fee following the meeting. Please note that you will be invoiced on a time and cost basis for the time spent processing your application, which will need to be paid before your certificate is issued and you can be open to the public.