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Compliance schedules

Buildings containing certain safety and essential systems, known as specified systems, are issued with a compliance schedule and regular inspections (not including buildings used wholly or partly as a single household unit, except for residential cable-cars).

Front of a historic motel on the West Coast

Balcony viewed from the inside of a modern hotel room

Little Wanganui Hotel, West Coast 11 (Credit Clint Trahan)

Inside of the modern reception of a hotel

Building warrant of fitness

A building warrant of fitness (BWOF) is a building owner’s annual statement confirming the specified systems listed in the compliance schedule for their building have been maintained and checked for the previous 12 months.

Visit MBIE ‘s Building Performance website for list of specified systems, which include buildings that have a cable car, including single residential buildings.

However a single residential building does not require a compliance schedule for any of the other specified systems.

A building warrant of fitness (Form 12A) is a statement from the building owner confirming that the inspection and maintenance required (stated in the compliance schedule) for that building has complied for the previous 12 months.

Some important requirements in the Building Act 2004 include:

the building owner must provide the territorial authority with copies of Form 12A certificates from independent qualified persons (IQPs), including any recommendations they make
the territorial authority must consider any recommendation to amend a compliance schedule made by an IQP and where necessary make any changes to the compliance schedule after giving the owner an opportunity to provide comments
the territorial authority must retain copies of the Form 12A certificates
territorial authorities are required to administer and enforce the BWOF system and can charge a fee for undertaking a BWOF inspection/audit.
Once a building is completed, Council will issue building owners a compliance schedule covering the maintenance, inspection and reporting requirements for any specified systems in the building. The compliance schedule exists while there are specified systems in the building.

Each year on the anniversary of the compliance schedule being issued building owners will need to supply the Council with a Building Warrant of Fitness. An annual fee is charged by Council in March of each year to oversee the process.

Important: The owner pays their own charge for their use of an Independent Qualified Person to inspect the building.

Key information

Read our frequently asked questions below to find out what you need to know for your next building project in Buller.

What is a compliance schedule?

A compliance schedule is a document issued by the Building Consent Authority for commercial buildings that contain specified systems such as fire alarms, automatic doors, emergency lighting (or residential dwellings if they have a cable car attached) that need to operate effectively to ensure a building is safe and healthy for members of the public to enter, occupy or work in.

A compliance schedule lists the systems and features, including the inspection, maintenance and reporting procedures needed to keep them in good working order. A Compliance Schedule must be kept on site and made available to building officers, Independent Qualified Persons (IQP’s) and authorised agents.

Further information about compliance schedules can be found on the MBIE website, Managing Buildings and in the Compliance Schedule Handbook.

When is compliance schedule required or amended?

When specified systems are being altered, or added, an amendment to the compliance schedule is required. A compliance schedule can also be identified as a requirement during building consent process and will be issued at the same times as the code of compliance certificate.

What buildings require a compliance schedule?

All commercial buildings with one or more specified systems require a compliance schedule and annual warrant of fitness.

Visit MBIE ‘s Building Performance website for list of specified systems.

When is the compliance schedule statement issued?

A compliance schedule statement is a temporary public notification issued by Council stating compliance schedule requirements. It is issued with the first compliance schedule and is valid for 12 months and there after replaced yearly by the warrant of fitness.

What is a compliance schedule statement?

A Compliance Schedule statement is issued at the same time as the Code Compliance Certificate by the Building Consent authority and lists the specified systems within the building. It must be replaced in 12 months with a building warrant of fitness.

What documents should I keep regarding the Building Warrant of Fitness?

You are legally required to obtain written reports relating to the inspection, maintenance, and reporting procedures of the Compliance Schedule. These should be signed by the Independent Qualified Persons (IQP) who has carried out any of the listed procedures (inspection, maintenance, or reporting). You must also record any inspections carried by the owner or their representative such as daily or weekly inspections ensuring that means of escape are kept clear.

You are required to keep all reports for a period of 2 years and produce these for inspection when required.

Can I be prosecuted for not obtaining a Compliance Schedule or if my Building Warrant of Fitness has expired?

Yes, depending on the alleged offence you could be issued with an infringement notice with fees ranging from $250 -$1,000 or prosecution in the Court with fines ranging from $20,000 to a maximum of $200,000.

You can find out more about compliance schedules, warrants of fitness and IQP’s on the MBIE website www.building.govt.nz

How do I obtain a compliance schedule?

Details about any specified systems must be provided by the applicant at the same time a Building Consent application is made, and a new compliance schedule will be issued in conjunction with the Code Compliance Certificate if a new building has one or more specified systems. If an existing building has a Compliance Schedule and if during alteration an existing specified system is removed, or new systems are installed then the Compliance Schedule will be amended, and a copy of this amended schedule will be issued with the Code Compliance Certificate.

What is a Building Warrant of Fitness?

A building warrant of fitness (BWOF) is an annual check that all specified systems in a building has been maintained for the last 12 months as specified in the compliance schedule.

When is Building Warrant of Fitness required?

A Building Warrant of Fitness is required when a compliance schedule is issued for the building.

What is an Independent Qualified Person?

An Independent Qualified Person (IQP) is recognised by Council as a person qualified to carry out any performance inspection, maintenance, reporting or recommendation on specified systems. IQP’s within the Buller District will only be accepted if they are listed on the South Island IQP register for the applicable system.

What is a specified system?

A specified system is either a safety system or an essential system that ensure a building is safe and healthy for people to enter, occupy or work in. Examples of specified systems are fire sprinklers, fire alarms, emergency power systems, lifts, automated doors and emergency lighting systems.

Who inspects and maintain these specified systems?

Specified systems need to be inspected and maintained by independent qualified person (IQP’s) as stated in compliance schedule. As the building owner it is your responsibility to engage an IQP qualified and registered for the specified system to carry out the work.

What are the building owners' responsibilities?

Read below what are your responsibilities.

Engage an IQP.
Ensure that specified systems within building are maintained and inspected.
Ensure compliance schedule is up to date. Council must be notified of any changes to specified system to ensure that the compliance schedule is updated.
Ensure IQP supply Form 11 for amendment to compliance Schedule.
Supply BWOF (Form 12) and Form 12A to Council
Pay Annual BWOF fee. See Council Annual Fees and charges.
Display BWOF in a visible location like foyer or entrance way.

Note: Late or incorrect submitted BWOF’s can be charged a late fee or a Notice to Fix can be issued.

What information do I need if I am applying for a Compliance Schedule?

Your designer should provide you with information relating to the performance standards for each specified system contained within the building at the time of application for a Building Consent. These performance standards are required to identify the inspection, maintenance and reporting procedures required for each system.

Why does Council do a Building Warrant of Fitness audit?

Council building officers need to complete a building BWOF audit on buildings with a compliance schedule every three- to five-years and annually for accommodation facilities.

BWOF audits ensure that the specified system or systems are performing as per the performance standard for each system. The audit is undertaken to verify that the specified systems have not been removed or altered. During the BWOF audit all inspections, maintenance and reporting records are checked to ensure that all specified systems are performing to ensure the safety of building users.

An audit may also be triggered:

When a BWOF is overdue or where there is a history of BWOF’s supplied late.
Where the compliance schedule has not been reviewed for an extended time.
Where building work has not been done for an extended period.
During an investigation of a dangerous building.

When are Building Warrant of Fitness audits due?

Council will carry out Building Warrant of Fitness (BWOF) audits as per the BWOF and compliance schedule policy.

What will happen during an Building Warrant of Fitness audit?

An agent of a territorial authority will inspect a building for which a compliance schedule has been issued; and the specified systems in the building, during normal working hours.

The inspection involves that the inspector will check the building to ensure that an annual building warrant of fitness supplied is correct, and every report is correct.

During the audit the inspector will check:

That the BWOF matches the current compliance schedule
All form 12A’s comply and have been filled in correctly.
That the form 12A’s collectively cover all the inspection, maintenance and reporting procedures for all the specified systems in the compliance schedule.
That the inspections, maintenance, and testing records are recorded in the logbook.
That the IQP is a registered person for that specified system (IQPs may have one or several areas of expertise)
Will do a walk-through check as part of the audit.

What does a Building Warrant of Fitness cost?

Council is charging an annual fee for overseeing the process.

We have provided a breakdown of what the annual fee covers in our BWOF Annual Fee FAQ April 2024. Please read this document for more information.

Please contact your IQP to estimate the costs of the IQP inspections, maintenance, and reporting required for your BWOF.

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