BWOFs / Compliance Schedules

Altering a compliance schedule

When you need to update a compliance schedule this should be done when you lodge a building consent relating to a specified system, i.e. building works that include a change to a specified system or to add a specified system to a building. For example, adding access-controlled doors, changing ventilation system etc.

For a Building Consent the Form 2 application will be used for the Specified System information. For other times you need to alter your compliance schedule use a Form 11 and the Specified Systems Form B523 to request an amendment to a compliance schedule

Your IQP (Independently Qualified Person) may also advise that a Compliance Schedule needs to be amended, or a Territorial authority may amend a Compliance Schedule on its own initiative, for example following a BWOF audit inspection, the authority notes that the compliance schedule requires amending to reflect what is actually on site.

• Form 11. Amendment to Compliance Schedule application form
• Specified Systems Form - B523

Responsibilities of building owners

Provide the BWOF to the Council annually

The building warrant of fitness must be supplied on each anniversary date of the Compliance Schedule was issued, and state that the inspection, maintenance and reporting procedure of the compliance schedule have been fully complied with during the previous 12 months, and have attached to it all certificates, in the prescribed form, issued by an independently qualified person that, when those certificates are considered together, certify that the inspection, maintenance, and reporting procedures stated in the compliance schedule have been fully complied with during the previous 12 months; and have attached to it any recommendation made by an independently qualified person that the compliance schedule should be amended to ensure that the specified systems stated in the compliance schedule are performing, and will continue to perform, to the performance standards for those systems; and be in the prescribed form; and contain the prescribed information.

Publicly display a copy of the building warrant of fitness

The building warrant of fitness should be displayed in a place in the building to which users of the building have ready access, for example a reception area or place where people entering/working in the building can easily see it.

A person commits an offence if the person: fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or fails to display a building warrant of fitness that is required to be displayed under this section; or displays a false or misleading building warrant of fitness; or displays a building warrant of fitness otherwise than in accordance with section 108 of the Building Act 2004.

A person who commits an offence under this section is liable on conviction: in the case of an individual, to a fine not exceeding $50,000: in the case of a body corporate, to a fine not exceeding $150,000.

Our responsibilities as Council and a Territorial Authority

Our role as Council is document review documentation you submit for your compliance schedule amendments and for your annual BWOF.

As part of our role we will undertake inspections and On-Site BWOF audits under the Building Act 2004, section 111.

How you can source an Independent Qualified Person (IQP)

All registered South Island IQP’s are registered on the South Island Independent Qualified Person register which is administered by Timaru District Council.

• Independent Qualified Persons (IQP’s) – Timaru District Council

Applications to be on the IQP register must be made to Timaru District Council.

Being a qualified IQP allows the IQPS to issue Certificates of Compliance for their area of specified systems for building owners, i.e. they can complete form 12a’s for a Building Warrant of Fitness.

BWoF Audits

An agent of a territorial authority authorised for the purposes of section 111 is entitled, at all times during normal working hours, to inspect a building for which a compliance schedule has been issued; and the specified systems in the building. The inspection means the taking of all reasonable steps to ensure that an annual building warrant of fitness supplied is correct, and every report is correct. Costs are incurred to the building owner for audit inspections, and these can be found on our website under fees, building services, fees and charges, Annual Building Warrant of Fitness section.

For audits we are looking for:

• That the BWOF matches the current compliance schedule
• All the form 12a’s comply and have been filled in correctly
• The form 12a’s collectively cover all of the inspection, maintenance and reporting procedures for all the specified systems in the compliance schedule
• That the IQP is a registered person for that particular specified system (IQPs may have one or several areas of expertise)
• We may do a walk through check as part of the audit

Notice to Fix (NTF) what this is and why they are issued

It is likely you will be issued with a notice to fix if we have not received your annual building warrant of fitness, or if we find issues from an audit being undertaken.

I wish to add a specified system in my building, how do I go about doing this?

If the specified system is being added to the building then typically this requires a building consent. If you are unsure get in touch with the Building team.

For more information, refer to the Specified systems page.

Building team

• Email: building.compliance@icc.govt.nz
• Phone: (03) 211 1777