Under the Building Amendment Bill No. 4 brought in by Minister Maurice Williamson, consenting authorities (city councils) are no longer required to issue a Code Compliance Certificate. Instead, they are only required to issue a Consent Completion Certificate.
Does that mean consenting authorities will no longer have any direct role in checking the quality of the building work? Or Mr Williamson would only confine his concerns to the aspect of semantics?
I agree with submitters that that move will not necessarily improve consenting authorities’ “last-man-standing” position. But it will be the consumers that will be left to pick up much of the bill for any claims resulting from substandard building work.
One submitter said the intention of the proposed change is no more than “ring-fencing” the consenting territorial authorities from any liability in the event of building failure.
The irony is that this system will still see the Consumer paying fees for the part the Territorial Authorities will play in monitoring the building work, but it will not provide the Consumer with any surety as to the performance and durability of that work,” says Home Owners and Buyers Association of NZ.
This is a step too far until such time as the Licensed Building Practitioner regime matures and the qualification is actually worth something to the Consumer given that the bar has, in our opinion, been set far too low and therefore the competency, commitment and care of building practitioners cannot be assured even if they are licensed.
By no longer certifying compliance with the Code, the consenting authorities will almost certainly find their liability for non-compliance of building work is significantly reduced, as pointed out by another submitter.
Many serious defects are only discovered many years after construction, often near, say, the ten-year-cutoff. By removing this Code Compliance Certificate, many owners who discover very serious defect will be time barred from seeking damages from any party.
The situation will get worse taken in context of section 362P: “Building contractor must remedy defect notified within 1 year of completion”.
“Where is ‘completion’ defined?” – asked Structural Engineer John Scarry: “Is it when that part of work is completed or ‘practical completion’, or is it when the CCC is issued?”
Which CCC anyway?