Certificate for Public Use

The application documentation will be assessed for compliance with the Building Code, and if appropriate there may be an on-site inspection to assess the building work for compliance. A Territorial Authority (Council) has 20 working days to assess the application and may during this time require further reasonable information in respect of the application. If this happens the 20-day clock is suspended and not resumed until the information is received in full. Agreements can be made to mutually establish any further period during which the Territorial Authority has to decide whether to issue the Certificate for Public Use.

Premises with free and open access will typically be classified as premises intended for public use. Examples include shopping centres as well as premises where the public can enter on payment of a fee, such as a sports stadium, swimming pool or zoo.

Premises with restricted access are unlikely to be considered premises intended for public use (for example, where access is blocked, and entry gained via a keypad or coded swipe card).

A reception area that is open to the public, even though the remainder of the building is closed off, would be categorised as premises intended to be open to members of the public.

Premises intended for public use are likely to include, but are not limited to:

• schools and childcare centres
• hospitals and rest homes
• premises providing public accommodation, such as hostels and guest houses
• places of assembly, including churches, cinemas and conference facilities
• clubrooms and recreation centres with public access
• restaurants and bars
• public foyers in office and apartment buildings
• public structures.

The requirement for a certificate for public use doesn't apply:

• to private homes
• to apartment buildings or office space (except where they have public foyers)
• if the building work doesn't require a building consent (such as a non-structural fit-out of a shop or office).

As with other building work, where a building consent is required, it is illegal to carry out building work without a building consent or where the work does not comply with the building consent that has been issued.

It is also an offence to allow members of the public to use a building, or any parts thereof, that have not been deemed safe by a Territorial Authority. You could be prosecuted for operating a Dangerous, Affected, or Insanitary building under Section 128A of the Building Act, or under (Section 363) where:

• It is an offence to allow members of the public to use a building that has not been certified as safe, or where a Certificate for Public Use has not been issued, and
• It is an offence to allow members of the public to use a building where a Certificate for Public Use has been issued, but the conditions of its issue have not been complied with.

A person who commits an offence under this section of the Building Act is liable to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.

The extent to which a premises will be considered affected will depend on the project. 'Affected by building work' can mean work occurring on the premises, or work being done elsewhere in the building if it poses a threat to public safety on the premises.

In many cases, the areas affected will vary at different times during the project. Whatever the case, access to the affected part of the premises needs to be restricted.

Many of the safety precautions you could take would be similar to those undertaken under the Health and Safety at Work Act 2015.

For example, if you were adding an outside extension or smoking area to a public bar the business could remain open, but in a limited capacity while building work is under way. The public must be able to enter without passing by or through the building work. The site and any tools or materials must not be accessible to the public. The public must not be able to access any part of the premises where the structural integrity is compromised by the work, or where the public’s safety is jeopardised.

People who control premises are also responsible for ensuring members of the public can use their premises safely. If premises are affected by building work, this could include ensuring barriers are put up to restrict access, or in some cases it could involve closing premises.

You can only apply for a Certificate for Public Use if a building consent has been granted but the Code Compliance Certificate has not been issued. You will still need to apply for a Code Compliance Certificate once all building work has been completed.

If you want to let the public use a building before the Territorial Authority issues a Code Compliance Certificate (CCC), you must apply for a Certificate for Public Use (CPU).

Code Compliance Certificate Application - apply via:

• Online Services or
• download an application form Application Code Compliance Certificate

You can fill in the application by downloading and saving the application to your computer.  Open with either your browser or a PDF reader to fill in.  Please remember to save once you have filled in the form (Form 15).

Application – Certificate for Public Use

Otherwise, you can print, fill in by hand and print or scan the form. 

Submit application

You can submit your application and required documents to us by email, by post or in-person at one of our Customer Service centres.

Email:  buildingsupport@kaipara.govt.nz 

By post:  

Kaipara District Council 
Private Bag 1001
Dargaville 0340

In-person:  

Dargaville - 32 Hokianga Road

• Monday to Friday - 8.00am to 4.30pm
• except Wednesday - 9.00am to 4.30pm

Mangawhai - Unit 6, The Hub, 6 Molesworth Drive

• Monday to Friday - 9.30am to 3.00pm

If a Certificate for Public Use is issued, the building’s specified systems will still require inspection and maintenance procedures to be carried out prior to the issue of the code compliance certificate.

A CPU is the assurance that a building (or part of a building) is safe for the public to use while the building is undergoing building work that involves a building consent, however where no Code Compliance Certificate (CCC) has been issued.

A CPU can apply to all, or part of a building, that is used by the public, whether or not an entry fee is charged. Examples include a shopping centre, store; sports stadium, swimming pool(s), a zoo or any other building open to the public.

A Certificate for Public Use does not relieve the owner of a building, from the obligation to apply for a Code Compliance Certificate when all building work has been completed.

There are two types of CPUs:

• A "Construction" CPU

This is normally obtained at the time of a building consent application and relates to public use of the building whilst under construction.

• An "Occupation" CPU

This applies where there is a piece of work or document(s) that prevent the CCC from being issued however does not impact on public safety.

Building consent applicants must provide information about how the public will be protected whilst building work is underway.

A Certificate for Public Use must be applied for on the prescribed form:

• Certificate of Public Use Application (Form 15)

The complete application form must also be accompanied by any other relevant information including:

• Building plans and building specifications clearly showing the part(s) of the premises that this application applies to. Plans to also include any relevant fire safety precautions (specified systems, such as alarms, sprinklers, emergency lighting, illuminated exit signage, exit signage, Heating, Ventilation, and Air Conditioning (HVAC)).
• A detailed site-management plan is also required showing how areas of works will be restricted from areas of public occupancy.
• A list of all specified systems: that is being altered to, added to or removed from the building in the course of the building work, and where there are temporary modifications to specified systems. This is required to ensure that appropriate maintenance and testing are continued during the construction period.
• Impact Analysis: An analysis of the impact of building work on areas intended to be occupied and the proposals to minimise those impacts considering, where relevant, the impact on the following areas:
• Access to the occupied area, including access for people with disabilities, guarding of changes in level, and the removal of conflict with construction traffic and stored material
• Means of escape from fire, including egress path with restriction, route changes and possible need for interim evacuation plans
• Operation of specified systems, including active fire alerting and suppression and any proposed compensatory temporary arrangements
• Structural integrity and any temporary propping
• Passive fire rating integrity and any proposed compensatory temporary arrangements including fire evacuation
• Building environment, including sealing off occupied areas from construction noise and dust, and maintaining adequate ventilation
• Sanitary facilities adequate for proposed occupant numbers and also for people with disabilities
• Traffic Management
• Construction area security
• Any other information that is required by regulations, or by Council.

A person who owns occupies (tenant or lessee) or controls the premises (contractor) intended for public use, or their agent can apply for a CPU. Evidence of the applicant’s status may be verified by the following:

• Copy of Certificate of Title
• Lease
• Agreement for Sale and Purchase
• License
• Property Management Agreement
• Other – any document showing the full name of the applicant in relation to ownership, occupancy or control of the building.

A CPU will be issued only when Council are satisfied that members of the public using the premises can do so safely, and in the event of an emergency, members of the public will be able to evacuate safely. A CPU will not be issued if Council are not satisfied that the public will be safe. For example:

• If the specified systems affected by the building work are not compliant
• If the provision for means of escape is unsatisfactory
• If the emergency warning systems are not adequate.

Only a Territorial Authority (Council) can issue a CPU and the certificate will only cover the building work that Council is satisfied (to the best of its knowledge, belief and on reasonable grounds) to be compliant with the Building Code, and current regulations.

If Council refuses to issue a CPU, Council must give the applicant written a notice of

a.     the refusal; and

b.     the reasons for the refusal.