Certificate for Public Use

If you don't have a certificate for public use, you could be fined up to $200,000, and fined up to a further $20,000 for every day or part of a day the offence continues in accordance with Section 363 (3)(4) of the Building Act.

Legally, Council has 20 working days to process a CPU application.

Territorial Authorities must decide within 20 working days to either issue the certificate or a further period agreed with the applicant.

The TA may require the applicant to give further reasonable information in respect of the application within the stated 20 working days, the period of which will be suspended until the additional information is received.

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.

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).

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).

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 the building work has been completed.

You need to apply to council, on the appropriate form. Council staff may need to inspect the building.

How much of the 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.

The safety precautions you should take would be similar to those undertaken under the Health and Safety at Work Act 2015 managed by WorkSafe. 

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.

Planning a new project

People proposing to construct new premises intended for public use will need to factor this requirement into their planning before members of the public can use the premises.

Existing premises intended for public use

People who control premises should check their building records to ensure all building work affecting the premises has received a building consent and code compliance certificate.

If work has been consented, but no code compliance certificate issued, the person in control of the premises should contact the council to see if a code compliance certificate can be issued for that work.

If work has been consented, but no building work was ever done, no offence has been committed.

If the council cannot grant a code compliance certificate, or if work has been done without a building consent when one was required, it may be possible to get a certificate of acceptance. This would also mean no offence has been committed.

If a CPU is not issued, the building or the part of the building under construction cannot be legally opened to the public. Attempting to open a building to the public without a CPU (and without a CCC) may lead to enforcement action, including fines and penalties.

Yes. A CPU allows the public to access safe areas of a building that are under construction. The CPU ensures that public safety is maintained during ongoing work.

Only areas that are safe and free from construction hazards can be open to the public. These areas must be clearly separated from the parts of the building where work is still being carried out.

A CPU remains valid until the building work is complete and a Code Compliance Certificate (CCC) is issued. In some cases, it may be revoked if safety conditions change.

If you believe a building or part of a building open to the public is unsafe, you can report your concerns to us. Our team will investigate to ensure public safety.

The timeframe depends on the complexity of the building project and the safety measures in place. We aim to process applications and conduct inspections as quickly as possible.