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Building Warrants of Fitness maintenance systems and IQP Reports

We offer a full administration sevice for your Compliance Schedule.  Our services include:

  • Building IQP inspections and IQP Report
  • Development of your Inspections and Maintenance Register
  • Provide full Warrant of Fitness Documentation
  • Liaison with Service Contractors
  • Review of service contracts if required.

 

Buildings that need a Compliance Schedule

Buildings containing certain safety features and essential systems require a Compliance Schedule. The owner must ensure continued effective operation of those features and systems and sign an annual Building Warrant of Fitness.

Under the Building Act 2004, any building (except a single residential dwelling, eg a typical New Zealand house) requires a Compliance Schedule and annual Building Warrant of Fitness if it contains any of the following:

  • Automatic Sprinkler Systems or other systems of fire protection
  • Automatic Fire Doors
  • Emergency Warning Systems for fire or other dangers
  • Emergency Lighting Systems
  • Escape Route Pressurisation Systems
  • Riser Mains for Fire Service use
  • Automatic Backflow Preventer connected to drinking (potable) water supplies
  • Lifts, Escalators, or Travelators
  • Mechanical Ventilation or Air Conditioning Systems serving all or a major part of the building
  • Any other Mechanical, Electrical, Hydraulic or Electronic System which must operate correctly to comply with the New Zealand Building Code.
  • Building Maintenance Units which provide access to the exterior and interior walls of buildings
  • Such Signs as are required by the Building Code in respect of any of the above mentioned systems.

 

What is a Compliance Schedule?

The compliance schedule is a document issued by the council that lists the safety features and essential services of a building (see list above). The Compliance Schedule also states the inspection, maintenance and reporting procedures needed to keep those features and services in good working order.

All Compliance Schedules also include similar procedures for:

  • Means of Escape from Fire
  • Safety Barriers
  • Means of Access and Facilities for use by People with Disabilities and which meet the requirements of section 25 of the Disabled Persons Community Welfare Act 1975
  • Hand-held Hose Reels for fire fighting
  • Such Signs as are required by the Building Code, or Section 25 of the Disabled Persons Community Welfare Act 1975.

Applications for Building Consent need to contain Compliance Schedule information for:

  • A new building with any of the above listed features or systems
  • An existing building that is having a Compliance Schedule item included or altered.

The council will require details of the design features of the systems and proposed procedures for inspection, maintenance and reporting required for inclusion in the Compliance Schedule.

 

An Independent Qualified Person (IQP)

The owner, or anyone else on the owner's behalf, may inspect certain systems, but some systems need specialist inspection. An IQP is a person (or firm) approved by the council as qualified to inspect certain compliance schedule items and ensure that the necessary maintenance occurs. "Independent" means that the person has no financial interest in the building.

Building Warrants of Fitness

A Building Warrant of Fitness is a council form signed by the building owner (or manager) stating that the requirements of the compliance schedule have been fully met in the previous 12 months. It is a serious offence to make such a statutory statement if it is not true.
The council keeps the original copy of the form, and a duplicate copy must be publicly displayed on the premises. The owner must update the warrant of fitness every 12 months.

Owner's Responsibility

The owner is legally obliged to ensure that:

  • all necessary inspections, maintenance and reporting are done
  • the building is maintained in a safe and sanitary condition at all times
  • the compliance schedule is readily available for inspection by authorised persons
  • a building warrant of fitness is signed and displayed.

 

Tenants and the Owner

The building owner's responsibilities are clear whether or not the building is tenanted by others. The owner, however, can delegate those responsibilities to an employee of the owner or to someone else under a contract or a lease. Tenants could also be liable where they breach the Act.
An owner, and anyone acting on the owner's behalf in signing a building warrant of fitness, is liable for making any false statement in the warrant.

Section 44 New Zealand Building Act 2004
Compliance Schedules

 44. Compliance Schedules---(1) A compliance schedule shall be required
for any new building (other than a building used only as a single
residential dwelling), if the building contains any of the following
systems:
 (a) Automatic sprinkler systems or other systems of automatic fire
     protection; or
 (b) Automatic doors, which form part of any fire wall and which are
     designed to close shut and remain shut on an alarm of fire; or
 (c) Emergency warning systems for fire or other dangers; or
 (d) Emergency lighting systems; or
 (e) Escape route pressurisation systems; or
 (f) Riser mains for fire services use; or
 (g) Any automatic back-flow preventer connected to a potable water
     supply; or
 (h) Lifts, escalators, or travelators or other similar systems; or
 (i) Mechanical ventilation or air conditioning systems serving all or
     a major part of the building; or
 (j) Any other mechanical, electrical, hydraulic, or electronic system
     whose proper operation is necessary for compliance with the
     building code; or
 (k) Building maintenance units for providing access to the exterior
     and interior walls of buildings; or
 (l) Such signs as are required by the building code in respect of any
     of the above-mentioned systems.
 (2) Every compliance schedule shall be in the prescribed form, shall
be issued by the territorial authority, and shall specify the
inspection, maintenance, and reporting procedures to be followed by
independent qualified persons in respect of the systems specified in
subsection (1) of this section and (where applicable) the features and
systems specified in subsection (5) of this section.
 (3) For the purposes of subsection (2) of this section, the
inspection, maintenance, and reporting procedures in the compliance
schedule shall specify the frequency of inspections, and may be
identified---
 (a) By description in the compliance schedule; or
 (b) By reference to a document prepared or approved by the Authority
     under section 49 of this Act; or
 (c) In the absence of such a document, as being the procedures
     considered appropriate by the territorial authority.
 (4) The owner shall ensure---
 (a) That the compliance schedule is kept in the building, or in some
     other building in the district of the territorial authority, or
     in some other place agreed upon by the owner and the territorial
     authority; and
 (b) That the compliance schedule is available for inspection by any
     person or organisation who or which has a right to inspect the
     building under any Act; and
 (c) That for the first 12 months of the period of the compliance
     schedule, there is displayed publicly in a place in the building
     so that users of the building can have access to it, a statement
     by the territorial authority in the prescribed form stating---
     (i) The systems and features covered by the compliance
     schedule; and
     (ii) The place where the compliance schedule is held.
 (5) Where a compliance schedule is a requirement for the purposes of
     subsections (1) and (2) of this section, it shall also include,
     where appropriate, systems or features relating to---
 (a) Means of escape from fire; and
 (b) Safety barriers; and
 (c) Means of access and facilities for use by persons with
     disabilities which meet the requirements of section 25 of the
     Disabled Persons Community Welfare Act 1975; and
 (d) Hand-held hose reels for fire fighting; and
 (e) Such signs as are required by---
      (i) The building code; or
      (ii) Section 25 of the Disabled Persons Community Welfare Act
     1975---
in respect of the systems specified in subsection (1) of this section
and systems and features specified in this subsection.
 (6) The provisions of subsections (1) to (5) of this section shall
     apply with respect to existing buildings which contain systems or
     features referred to in subsection (1) of this section which are
     presentin or form part of those buildings, as if they were new
     buildings, and---
 (a) In the case of a building where the owner notifies the territorial
     authority of the requirement for a compliance schedule, the said
     compliance schedule shall be issued within 2 months after the
     territorial authority being notified:
 (b) In the case of a building where a party in terms of section 16 (e)
     of this Act notifies the territorial authority of the
     requirement for a compliance schedule, the said compliance
     schedule shall be issued within 6 months after the territorial
     authority being notified; and
 (c) In the case where no notification is received by the territorial
     authority in terms of paragraph (a) or paragraph (b) of this
     subsection, then the said compliance schedule shall be issued
     within 2 years after the coming into force of this Part of this
     Act.
 (7) Where any building work requiring a building consent is carried
out which results in the alteration of any specified feature or system
which is covered by a compliance schedule, the territorial authority, on
completion of that work, shall determine whether the provisions of the
compliance schedule shall be amended.
 (8) The provision of subsection (7) of this subsection shall apply,
with appropriate modification, where specified features and systems are
added to or removed from the building as a result of building work or if
the building is demolished.
 (9) For the purposes of this section, an independent qualified person
shall be a person who---
 (a) Has no financial interest in the building, other than as a
     qualified person; and
 (b) Is accepted by the territorial authority as being appropriately
     qualified to undertake the inspection and maintenance of the
     feature or system concerned.
(10) For the purposes of subsection (9) of this section---
 (a) Involvement with the construction of the building as the
     fully-paid designer, builder, manufacturer, or supplier of the
     feature or system concerned; and
 (b) Entitlement to any fee for acting as an independent qualified
     person---
shall not be regarded as constituting a financial interest.


Section 45 New Zealand Building Act 1991
Annual Building Warrant of Fitness

 45. Annual Building Warrant Of Fitness---(1) On the annual anniversary
of the issue of a compliance schedule and on every subsequent annual
anniversary, the owner of every building in respect of which a
compliance schedule has been issued shall supply to the territorial
authority a building warrant of fitness, in the prescribed form and
containing the prescribed particulars, that states that the requirements
contained in the compliance schedule have been fully complied with
during the previous 12 months.
 (2) A copy of the building warrant of fitness shall be publicly
displayed by the owner in a place in the building to which users of the
building have ready access.
 (3) The owner shall obtain written reports relating to the
requirements of the compliance schedule, and---
 (a) Those reports shall be kept by the owner together with the
     compliance schedule for a period of 2 years and be produced for
     inspection by the territorial authority and by any person or
     organisation who or which has the right to inspect the building
     under any Act; and
 (b) The location of those reports and the compliance schedule shall be
     shown on the building warrant of fitness displayed in accordance
     with subsection (2) of this section.
 (4) The territorial authority may issue a notice in the prescribed
form at any time if it is satisfied, on reasonable grounds, that the
warrant is not correct or that the compliance schedule provisions are
not or have not been properly complied with, and that notice shall be
deemed to be a notice to rectify in terms of section 42 of this Act.
 

Safe & Sanitary Reports

We provide building Safe & Sanitary reports in accordance with section 64 of the Building Act 1991. A report of this kind is normally required when a home owner requires to register and Unauthorised Building Works or a completion inspection for Building Permits that have not been 'finalised'.  Our service includes:

  • Search and review of Council documentation which includes the 'approved' plans, Building Consents and Resource Consents issued on the property and other relevant information.
  • Complete a full site investigation.
  • Arrange any remedial works if required.  This will require an application for a Building Consent.
  • Complete a written report.
  • Complete the application for registration with the Council.

 

Pre Purchase Inspections and Reports

We undertake detailed Pre Purchase inspections and reports for all types of residential property.  Our work includes:

  • Review of Territorial Authority records to determine what Building Consents have been issued for the porperty and any other relative information that we consider relevant to the purchaser such as overland stormwater flow paths, building restrictions, Resource Consent approvals etc.  This will show up any unauthorised building work during the site audit.
  • Full site audit.  We normally allow 2 hours for this but could take longer depending on the complexity of the building(s).
  • Full written report is provided which includes all defects viewed at the time of the inspection and any (minor or major) maintenance items that a purchaser should know about. The report is normally described from room to room and will include our views, for example, on floor coverings and drapes and includes any site observations.  Please note this is a visual inspection and obviously we cannot determine if there are defects hidden from view.

Due Diligence to Commercial Property

Fancy name for a Pre Purchase Inspections and Report?  Probably, but does include details on Services Plant and Machinery as well as the building.  Our work therefore covers the following:

  • Review of Territorial Authority records.
  • Information on Building Consents, Resouce Consents, Land Rates, Water rates Land title etc.
  • Full site audit which includes exterior inspection, internal inspection of all tenancies and common areas.
  • Review of all services which would include electrical, communications, plumbing fixtures and fittings, water supply, waste water systems.
  • Review of all plant and Machinery.  This can be a general observation or a detailed analysis of all plant and machinery including age, condition, maintenance history (if any) the probable life expectancy and estimated cost of replacement.
  • Leases.  This covers a full list of existing tenancy leases, termination dates, rentals and lessee outgoings.
  • Income and Expenditure Budget.  These would include all existing income from tenancies and other sources, total expediture and an accountants review of the investment.
  • Report.  This covers all the items listed above and would include photographs to provide a visual record of the building, Services. Plant and Machinery.

Please note this section is still being edited.


Health and Safety In Employment (HASE) Systems and Audits

Client service information


  

Resource Management Act and Resource Consents

Client service information


  

Building Act and Building Consents

Client service information


  

Leaky Buildings

Client service information


 

 

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