Understanding the Certificate of Acceptance (CoA) for Unconsented Building Work in New Zealand

In New Zealand, all building work must comply with the Building Act 2004 and the Building Code. However, there are instances where building work is carried out without the necessary consent. In such cases, a Certificate of Acceptance (CoA) provides a pathway for building owners to retrospectively ensure their work meets the required standards. This article explores the purpose, application process, and implications of obtaining a CoA for unconsented building work.

What is a Certificate of Acceptance (CoA)?

A Certificate of Acceptance (CoA) is a formal document issued by a Building Consent Authority (BCA) confirming that unconsented building work complies with the Building Code to the extent that it can be practically assessed. It is important to note that a CoA is not equivalent to a Building Consent and does not guarantee full compliance with the Building Code for areas that cannot be inspected.

When is a CoA Required?

A CoA is typically sought in the following situations:

1. Unconsented Work: When building work has been carried out without the required building consent.
2. Urgent Work: When emergency building work has been performed for public safety, health, or property protection without prior consent.
3. Work by Previous Owners: When new property owners discover unconsented work done by previous owners.
4. Exempt Work: For work that was believed to be exempt from consent but requires verification for compliance.

The Application Process

Obtaining a CoA involves several steps:

1. Documentation and Evidence Collection
   • Prepare detailed documentation of the building work, including plans, specifications, and photographs.
   • Provide any available records of inspections or assessments conducted during the construction.
2. Application Submission
   • Complete the CoA application form provided by the relevant BCA.
   • Submit all supporting documents, including proof of ownership and detailed descriptions of the unconsented work.
3. Inspection and Assessment
   • The BCA will conduct an on-site inspection to evaluate the building work.
   • The extent of compliance with the Building Code will be assessed based on the accessible areas of the construction.
4. Decision and Issuance
   • If the work meets the necessary standards, a CoA will be issued.
   • If deficiencies are found, further work may be required to bring the building up to code before a CoA can be granted.

Implications of a CoA

1. Property Transactions
   • A CoA can facilitate property sales by providing assurance to potential buyers that the building work meets compliance standards.
   • However, it may also highlight areas of non-compliance, affecting the property’s value or sale process.
2. Insurance and Liability
   • Insurance companies may require a CoA for coverage on unconsented building work.
   • Without a CoA, building owners may face increased liability for any defects or issues arising from the unconsented work.
3. Future Building Work
   • A CoA ensures that any future building work can proceed with a clear understanding of the existing structure’s compliance status.
   • It provides a baseline for ensuring all subsequent work adheres to the Building Code.

Challenges and Considerations

1. Limited Scope of Assessment
   • A CoA only covers aspects of the building work that can be practically inspected, leaving potential gaps in the overall compliance.
2. Costs and Time
   • The process of obtaining a CoA can be time-consuming and costly, requiring thorough documentation and potentially additional remedial work.
3. Legal and Regulatory Compliance
   • Building owners must navigate legal and regulatory requirements, which can be complex and vary by region.

A Certificate of Acceptance (CoA) is a crucial tool for ensuring that unconsented building work in New Zealand meets the required standards of the Building Code. While obtaining a CoA can be challenging, it provides significant benefits in terms of property value, insurance coverage, and legal compliance. Building owners should approach the process with careful preparation and a clear understanding of the requirements to successfully achieve compliance for their unconsented work.