13.3 Building Consent Authorities (BCAs), Code Compliance Certificates (CCC) & Council Inspections
Key Takeaways
The BCA decides whether it is satisfied on reasonable grounds that work complies with the consent for CCC purposes.
Inspection stages and evidence are project-specific and come from the consent, BCA schedule, and selected compliance path.
A producer statement or certifier record supports but does not compel a CCC decision.
Failure to comply with a notice to fix can attract the current section 168 maximum penalty and continuing daily penalty.
BCAs, inspections, and completion
A Building Consent Authority processes building consents, carries out or arranges inspections, and decides applications for a Code Compliance Certificate. The certifying drainlayer supplies accurate evidence but does not issue the CCC and cannot guarantee the BCA’s decision.
Consent and changes
Review the issued consent, stamped plans, specifications, conditions, inspection schedule, and advisory notes before work. If the outfall, route, pipe size, treatment system, structural penetration, or compliance path must change, obtain the required approval before concealing the change. A site conversation does not necessarily amend the consent.
Keep the approved set available and mark construction information separately from approved design. Coordinate network utility approval and any regional or district consent; a building consent does not automatically authorise connection to a public main or a discharge to land or water.
Inspections
Common drainage inspections include under-slab work, open trenches before backfill, public connections, treatment-system installation, and final completion, but the exact schedule is project-specific. The draft’s claim that one fixed set of inspections is nationally mandatory for every project is too broad.
At an open-trench inspection, provide safe access and leave the relevant work visible. Have drawings, approved variations, levels, materials, test equipment, and licence details available. Do not create an excavation exposure hazard merely for inspection; coordinate safe viewing methods.
Testing follows the selected compliance path. BCA witnessing occurs when the consent schedule or BCA requires it. Record the named method and actual result rather than writing “pressure test passed” without pressure, head, duration, acceptance criterion, and system limits.
CCC evidence
The owner applies for the CCC under the Building Act process. The BCA decides whether it is satisfied on reasonable grounds that the work complies with the building consent. Evidence may include inspection records, as-builts, drainage tests, commissioning reports, photographs, survey information, product certificates, producer statements where accepted, and records required under the occupational regime.
A PS3 is not a statutory drainlaying licence and does not force the BCA to issue a CCC. A certifier should sign only within competence and evidence. If part of the work was designed or commissioned by another specialist, identify that reliance.
As-builts should show actual locations, pipe sizes and materials, directions of flow, access points, junctions, structures, outfalls, treatment components, and important inverts or coordinates. Reconcile them with the final approved work rather than copying the consent plan.
Notices to fix and determinations
A territorial authority can issue a notice to fix under section 164 where the statutory grounds are met. The notice states the contravention and required steps. Failure to comply is an offence; the current section 168 maximum is NZD 200,000 plus NZD 20,000 for each day the offence continues. Confirm current law before quoting a penalty.
A person may use the Building Act determination process for eligible disputes or questions. A determination is made by MBIE under the statutory process and is binding for the matter, subject to appeal provisions. It is not simply an “appeal to an inspector.”
Closeout check
Before requesting final sign-off, compare the approved design, variations, inspections, tests, as-builts, network acceptance, commissioning, and owner information. Resolve discrepancies openly. For systems needing maintenance—grease traps, pumps, on-site treatment, filters, detention devices—provide operating and maintenance requirements.
Scenario
A drain passed an air test, but the installed route differs from consent and crosses a foundation without the approved detail. The test proves only leakage performance at that moment. It does not authorise the deviation or prove structural compliance. Stop closeout, document the actual work, obtain design review and approval, make any required correction, then update the as-built and evidence file.
Independent source-check exercise
For 13.3 Building Consent Authorities (BCAs), Code Compliance Certificates (CCC) & Council Inspections, practise answering from evidence rather than recall. Write the controlling source, its edition or effective date, its scope, and the exact paragraph, table, figure, or manufacturer instruction that supports the decision. Then state the site inputs that can change the result. In this section those inputs include The BCA decides whether it is satisfied on reasonable grounds that work complies with the consent for CCC purposes.; Inspection stages and evidence are project-specific and come from the consent, BCA schedule, and selected compliance path.; A producer statement or certifier record supports but does not compel a CCC decision..
Build a four-column check: proposed condition, source requirement, evidence observed, and action. Test the answer with one changed assumption. A different pipe size, discharge-unit load, ground condition, licence status, authority, compliance path, or consent condition may produce a different result. If it does, explain why; if it does not, show which requirement remains controlling.
Finish with a field-verification plan. Name what must be inspected before concealment, what instrument or record demonstrates it, who has authority to accept a change, and what appears on the as-built or completion file. This exercise turns an open-book fact into certifying-level judgement. It also exposes accidental mixing of standards: if the source for a dimension differs from the source for the test or approval, either return to one complete compliance path or document the proposal as an Alternative Solution. Do not promote an example value into a national rule.
Who decides whether to issue a Code Compliance Certificate?
The product supplier
The Building Consent Authority on reasonable grounds
The certifying drainlayer
The excavation contractor
Does a PS3 automatically compel issue of a CCC?
Yes
Only for drains
No; it is supporting evidence considered by the BCA
Only if notarised
What is the current section 168 maximum for failing to comply with a notice to fix?
NZD 20,000 only
NZD 50,000
Automatic imprisonment
NZD 200,000 plus NZD 20,000 per continuing day
Sections you finish are checked off in the contents.