Criterion PF202
The premises conform to any relevant bylaws of the local authority and the Building Act 2004. Any premises undergoing alterations conform to the Building Act 2004.
Documentation required
Code Compliance Certificate issued under Section 95 of the Building Act 2004 for any building work undertaken, or alternatively, any other documentation that shows evidence of compliance.
Current Annual Building Warrant of Fitness (if the premises require a compliance schedule under Section 100 of the Building Act 2004).
Guidance
How to show you are complying
If the homes in your service are conforming to any relevant bylaws of the local authority and the Building Act 2004, you will also comply with this criterion.
Bylaws are rules made by local authorities (your regional council, city council or district council). Local authorities are responsible for investigating complaints about breaches of bylaws and enforcing them. For the purposes of this criterion, relevant bylaws are limited to those which relate to the safety and suitability of premises and facilities for children attending.
Conforming with the Building Act 2004
Even if you are not a building owner, you have an overall responsibility as a service provider to ensure the homes in your service are safe for children to use. This includes taking reasonable steps to ensure the building owner understands that compliance with this criterion is a condition of your licence.
Code Compliance Certificate
A Code Compliance Certificate (CCC) is a formal statement issued by a building consent authority (this includes most territorial authorities) that confirms the completed building work complies with the building consent.
Compliance schedule and annual building warrant of fitness
If a home is in a building which contains safety and essential systems (called. specified systems), the building must have a compliance schedule. For example, this may include multi-storey apartments. A compliance schedule lists the building’s specified systems how to maintain them so they keep working properly.
If a building has a compliance schedule, a building warrant of fitness (BWoF) must be renewed annually and publicly displayed. A current BWoF confirms the procedures listed on the compliance schedule have been fully complied with.
This guidance only covers relevant information for the purposes of meeting this criterion. It is not intended to be a replacement or a comprehensive account of all minimum obligations you may have under bylaws or the Building Act 2004. You should contact the relevant authorities or engage suitably qualified persons if you require further advice about those requirements.
When assessing whether you comply with PF202
Questions we are likely to ask
How do you ensure the homes in your service are compliant with the Building Act 2004?
If any homes had any building work which required a building consent in the past 12 months, what steps did you take?
If any homes located in buildings which require a BWoF, what steps did you take?
We are likely to look at, measure or count
Any displayed BWoF to verify it is current.
We are likely to request
A copy of the CCC, or any other documentation that shows evidence of compliance for a specific home/homes.
A copy of the current BWoF, or the compliance schedule for a specific home/homes.
You may be asked to provide this documentation for some homes when you apply for a licence to operate a new home-based service, or a home has had building work which required a building consent.
Findings, determinations or enforcement actions by the relevant authorities relating to non-compliance with bylaws and the Building Act 2004 may inform our assessment against this criterion.
The tools below are here to support you, but you do not have to use them. You can use other tools or methods that work better for your service.
Information about bylaws is available on your regional council, city council or district council’s websites.
The Ministry of Business, Innovation and Employment’s (MBIE) Building Performance website provides comprehensive information and guidelines on building-related regulation.
The following webpages provide additional information about the building-related matters covered in this guidance.
Issuing code compliance certificates (CCC) – Building Performance
Public access during a build – Building Performance
Specified systems and compliance schedules – Building Performance
Complying with relevant bylaws and the Building Act 2004 provides assurance the licensed premises are safe to be occupied and provides a mechanism for responding if any immediate risks to children attending arise.