Code of Compliance Certificate (NZ): What It Is, How to Get It

A practical guide for NZ builders and contractors

A Code of Compliance Certificate (CCC) is a council document issued under section 95 of the Building Act 2004, confirming that completed building work complies with the building consent issued for it. The owner applies. The builder supplies the records that make the application succeed. This article explains what you need to have ready, why most applications stall, and what happens when council is not satisfied.

Key Takeaways

What is a Code of Compliance Certificate?

A Code of Compliance Certificate is a formal document issued by a building consent authority (BCA), typically your local council, confirming that building work done under a building consent complies with that consent. It is issued under section 95 of the Building Act 2004 using Form 7.

The CCC does not confirm that the build is defect-free, or that every element of the work meets the Building Code in every possible respect. Under section 94, the council must be satisfied on reasonable grounds that the work complies with the building consent. That is the legal test. The CCC records that the council reached that level of satisfaction, based on its inspections and the documentation supplied.

The CCC matters because without it, a residential property is not cleared for occupation. It is required for sale in most circumstances. Lenders, insurers, and purchasers all want to see it. For the builder, it is the formal close-out document on the consent. Until it is issued, the job is not finished in the eyes of the Act.

The CCC is the legal evidence that the building work was completed in compliance with the consented design.

Who applies for the CCC: owner, builder, or LBP?

The owner applies. Section 92 of the Building Act 2004 makes the owner the applicant for the CCC. However, section 92 also allows an agent to apply on the owner's behalf, and in practice many builders handle the submission as part of handing over the job.

Whether the builder submits it or the owner does, the application must include all the documents the council needs. That responsibility does not shift depending on who fills out the form. If the builder has agreed to manage the CCC process, they take on the job of assembling the full documentation package.

The application is made on Form 6 (the Application for Code Compliance Certificate) from the Building (Forms) Regulations 2004. It must include evidence of ownership, details of all people who carried out the work, and all required certificates and records.

What does the council need from the builder?

This is where most CCC applications either move or stall. The builder is responsible for gathering and providing most of the substantive documentation.

Section 88 of the Building Act 2004 requires every Licensed Building Practitioner (LBP) who carried out or supervised restricted building work to provide a Record of Building Work to both the owner and the territorial authority on completion of that work. These records must collectively cover all restricted work on the project. If any aspect of the restricted work is not covered, the council cannot be satisfied that it was carried out by a licensed person, and the application will be incomplete.

Beyond the LBP Records of Building Work, the council typically requires:

The council is not required to accept an application that does not include all of the information required under section 92. If the package is incomplete, the application is not complete and the 20-working-day clock has not started.

How long does a CCC take to issue?

Once the council receives a complete CCC application, section 93 of the Building Act 2004 gives it 20 working days to decide whether to issue or refuse. That is the statutory timeframe. The parties can agree to a longer period under section 93(1)(b), but 20 working days is the default.

The clock stops if the council issues a request for further information (RFI). From the day after the RFI is issued, the council is not counting working days. The count restarts only when all of the requested information has been received and the council has confirmed it is sufficient. A single missing document can pause the clock indefinitely.

The two-year trigger is also worth knowing. If no CCC application has been made within two years of the date the building consent was granted, the council is entitled to decide whether to issue or refuse based on whatever information it holds. This is not a deadline for the owner to meet, but it creates real risk: a council making a decision on incomplete records is far more likely to refuse or issue a notice to fix.

Under section 93 of the Building Act 2004, the council has 20 working days to decide on a complete CCC application. That clock does not start until every required document is in the council's hands.

Why do most CCC applications get delayed?

In my experience, the most common cause is not slow council processing. It is incomplete documentation from the build side. Specifically:

Missing LBP Records of Building Work. Subcontractors who have completed their work and moved on to the next job are the most common source of this problem. An LBP's Record of Building Work is their obligation under section 88. It is not something you can obtain on their behalf, and not something a council will waive. If a framing sub or a wet area tiler has not provided their record and you cannot track them down, you have a problem.

Electrical or gas certificates not collected at completion. These are straightforward to obtain if you get them when the work is signed off. They become difficult to chase six months later.

Cladding or waterproofing installation certificates filed and lost. Manufacturer-backed cladding systems typically require the installer to issue a completion certificate confirming the system was installed to specification. These need to be in your site records from day one.

Final inspection not booked or failed. The council needs to complete a final on-site inspection before it can sign off. If the site is not ready or the inspection reveals outstanding work, the CCC cannot issue until it is corrected. Running inspections ahead of actual completion creates rework cycles that slow everything down.

Outstanding development contributions. The council will not issue the CCC if development contributions have not been paid. This is a financial gatekeeping step that is easy to miss if the consent owner is not across their contribution obligations.

What happens if the council refuses to issue a CCC?

Under section 95A of the Building Act 2004, if the council refuses to issue a CCC, it must give the applicant written notice of the refusal with sufficient detail for the applicant to understand what needs to be rectified. The grounds for refusal include: the work does not comply with the building consent, energy work certificates are missing, banned building products or methods were used, or development contributions are outstanding.

A refusal is not the end of the road. The applicant can address the grounds of refusal and reapply. If the work itself is non-compliant, the builder is typically responsible for correcting it, at their own cost if it is a defect rather than a variation. If the refusal is based on missing documentation rather than non-compliant work, the fix is getting the paperwork right.

If the situation is genuinely unresolvable through the CCC pathway (for example, a consent authority is unable or unwilling to issue), the owner may apply for a Certificate of Acceptance under section 96. That is a separate process with a lower level of confirmation.

A refusal under section 95A must be given in writing and must explain what the applicant needs to fix. Use that document as your remediation checklist.

CCC vs Certificate of Acceptance: what is the difference?

These two documents are regularly confused, including by builders and real estate agents. They are different in both purpose and weight.

Feature Code of Compliance Certificate Certificate of Acceptance
Legislation Building Act 2004, section 95 Building Act 2004, section 96
When issued After consented building work is completed and complies with the consent For urgent/emergency work done without consent, for unconsented work by an owner, or when a BCA cannot issue a CCC
Who applies The building owner (or agent) The building owner
What it confirms The building work complies with the building consent Compliance only to the extent the council could inspect. Inaccessible elements excluded.
Strength of confirmation Full confirmation based on complete inspection record Partial confirmation. Council can only confirm what it could see at inspection time.
Application form Form 6 Form 8
Preferred document for sale Yes Weaker. May affect sale, financing, or insurance.

A Certificate of Acceptance is a fallback. It is better than nothing when no CCC can be obtained, but it does not carry the same weight. Buyers, lenders, and insurers know the difference. On a new residential build, a CoA instead of a CCC will raise questions.

The builder's CCC checklist

Here is what you need to have ready. Work through this on every job before you apply.

Documentation your team provides

Before you submit the application

Common rejection triggers

The defects liability period under your contract starts running from practical completion, independently of CCC status. Getting your CCC paperwork in order before practical completion means the two milestones land close together. Leaving CCC documentation until after handover means you are chasing subcontractors while your DLP is already running. For more on how defects liability interacts with your build programme, see our article on NZS 3910 defects liability periods.

Final payment claims and CCC timing are also connected. If your contract makes final payment conditional on CCC issue, or if the owner's lender requires CCC before releasing retention, late CCC documentation costs you money. See our article on CCA payment deadlines for how statutory payment timelines interact with contract milestones.

The inspection sequence

Councils typically require inspections at these stages before a CCC can issue. Miss one or fail one and the sequence resets:

  1. Pre-pour inspection: Before concrete is poured for piles, footings, slabs, or in-situ walls. Foundation reinforcement and layout confirmed.
  2. Pre-clad inspection: Before building paper and cladding go on. Framing, bracing, and window and door flashings confirmed.
  3. Waterproofing and tanking inspection: Before membranes and wet area linings are covered. Required for decks, balconies, and below-ground areas.
  4. Pre-line inspection: Framing, insulation, and plumbing rough-in confirmed before internal linings go on. Often includes plumbing pressure tests.
  5. Drainage inspection: Before trenches are backfilled. In-ground pipework confirmed before it disappears.
  6. Final inspection: All consented work complete. Council inspector confirms on-site. Triggers the council's decision process on the CCC application.

Each inspection needs to be booked in advance, the site needs to be ready, and someone needs to be on hand to assist the inspector. Building in inspection lead times at the programme stage is non-negotiable on residential jobs.

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Frequently asked questions

Can a builder apply for a CCC instead of the owner?

Yes. Under section 92 of the Building Act 2004, the owner is the applicant, but an agent may apply on the owner's behalf. In practice, many builders submit the CCC application as part of the handover process. Whoever submits it, the application must include all LBP Records of Building Work and supporting certificates. The builder cannot be the applicant in their own right. They can only act as the owner's agent.

What is the time limit on applying for a CCC after work is finished?

There is no hard statutory deadline for the owner to apply. However, once two years have passed from the date the building consent was granted, the council is entitled to decide whether to issue or refuse a CCC based on whatever information it holds, even without a formal application. This means a builder who has handed over but left the CCC unresolved can find the council making a decision on incomplete records. Apply as soon as work is complete.

What happens if the council finds non-compliant work after issuing a CCC?

A CCC is not a guarantee of freedom from defects or legal liability. Section 94 of the Building Act 2004 requires the council to be satisfied on reasonable grounds before issuing, but issuance does not prevent subsequent action if non-compliance is discovered. The council can still issue a notice to fix. The builder's obligations under their contract and the Building Act are not extinguished by the CCC. Defects liability periods under your contract (typically 12 months under NZS 3910) run separately from CCC status.

Do I need a CCC to sell a house I have built?

Yes, if you are a commercial on-seller. Section 362V of the Building Act 2004 makes it an offence for a commercial on-seller to transfer a household unit, or allow the purchaser to take possession, before a CCC has been issued. There is an exception where both parties sign a written agreement in prescribed form, but this waiver carries risk for both sides. If you are a builder selling a house you have constructed, treat the CCC as a prerequisite for settlement.

What is the difference between a CCC and a Certificate of Acceptance?

A Code of Compliance Certificate (CCC) is issued under section 95 of the Building Act 2004 and confirms that building work done under a building consent complies with that consent. A Certificate of Acceptance (CoA) is issued under section 96 and applies in specific situations: where urgent work was done without consent, where an owner did work without the required consent, or where an accredited building consent authority granted a consent but cannot or refuses to issue the CCC. A CoA confirms compliance only to the extent the council could inspect. Elements that were already covered up or inaccessible get no confirmation. A CCC is always the stronger document.

SM
Stephen Milner
10 years in NZ construction project management across $10M to $750M projects. Former roles with leading project management consultancies and as part of the SPV team on one of New Zealand's largest infrastructure PPP projects. Deep experience across NZS 3910, FIDIC, CCA 2002, and Design & Build delivery. Founder of Provan. Not a lawyer. This article is practical construction experience, not legal advice.