Building Warrant of Fitness and Compliance Schedule

This page outlines when a Building Warrant of Fitness (BWOF) and the supporting Compliance Schedule are required and how to apply.  There are also some Council answers to frequently asked questions about the Building Warrant of Fitness.

About the Building Warrant of Fitness

A Building Warrant of Fitness (BWOF) is a building owner's declaration that the specified systems have been maintained in accordance with a Compliance Schedule. A copy of the Building Warrant of Fitness must be provided annually to the Council and publicly displayed at the building it pertains to.

About Compliance Schedules

A Compliance Schedule is a document that is required by the Building Act 2004 and prepared by the Council.  It details the inspection, maintenance and reporting of a specified system such as sprinkler systems, emergency lighting and fire alarms (view the full list below) to ensure that the building owners take responsibility to guarantee the safety of building occupants and buildings.

Role of building consent authorities and territorial authorities

The compliance schedule is a document issued by a building consent authority (BCA). Tasman District Council is a BCA.

BCAs issue building consents, undertake inspections during construction, and issue code compliance certificates, notices to fix and compliance schedules. BCAs can charge a fee for these services.

In addition to providing a BCA service, territorial authorities have a range of other building-related responsibilities, including monitoring the compliance schedule and building warrant of fitness regime. Territorial authorities can also charge a fee for these services.

Compliance Schedule content

The compliance schedule lists the building’s specified systems and the inspection, maintenance and reporting procedures needed to keep them in good order.

Applications for a building consent need to contain compliance schedule information for:

  • a new building with any specified systems
  • building work in an existing building that includes modifying or adding to the specified systems - this requires an amendment to an existing compliance schedule
  • The BCA requires details of the design features of the specified systems and the proposed procedures for inspection, maintenance and reporting to be included in the compliance schedule.

Amending Compliance Schedules

  • A territorial authority and a building owner can agree to amend a compliance schedule, as required, at any time. This can be triggered by:
    • a building consent application
    • the request of a building owner
    • the decision of the territorial authority at any time
    • a suggestion from an independent qualified persons (see below).

      Where an independent qualified persons recommends an amendment to a compliance schedule, the owner has the right to make submissions and enter into dialogue with the territorial authority before the territorial authority makes its decision on whether to accept or refuse the recommendation.

      An application for an amendment to a compliance schedule must be made on a form prescribed in regulations, which will be available from your territorial authority.

      There may be buildings that have not had their compliance schedule updated since issue. The territorial authority may inspect and review the compliance schedule for these buildings.

Note that, while most territorial authorities are BCAs, the functions of the BCA and the territorial authority are different.

  • a BCA issues compliance schedules.
  • a territorial authority amends and administers compliance schedules.

Compliance schedule statements

A compliance schedule statement (previously called a building statement of fitness) is issued by the territorial authority as temporary public notification of compliance schedule requirements. It is replaced after 12 months by the building warrant of fitness. The owner must display the compliance schedule statement in a public part of the building.

Offences and infringement

Failing to comply with the requirement to obtain a compliance schedule is an offence under section 101 of the Building Act 2004, and may result in an infringement fee.

Forms

When you Need a Compliance Schedule and/or Building Warrant of Fitness

You are required to have a Compliance Schedule and/or Building Warrant of Fitenss (BWOF) if your building contains any of the following specified systems:

  • automatic systems for fire suppression (for example sprinkler system)
  • automatic or manual emergency warning systems for fire or other dangers (other than a warning system for fire that is entirely within a household unit and serves only that unit)
  • electromagnetic or automatic doors or windows (for example ones that close on fire alarm activation)
  • emergency lighting systems
  • escape routes pressurisation systems
  • riser main for fire service  use
  • any automatic back flow preventers connected to a potable water supply
  • lifts, escalators, travelators or other systems for moving people or goods within buildings
  • mechanical ventilation or air conditioning systems
  • building maintenance units providing access to exterior and interior walls of buildings
  • laboratory fume cupboards
  • audio loops or other assistive listening systems
  • smoke control systems
  • means of escape from fire
  • emergency power systems for, or signs relating to, a system or feature specified in any of clauses above
  • Cable Car (including to a private dwelling).

NB: for new buildings or cable cars, the Compliance Schedule process is automatically initiated through the Building Consent stage, and at Code Compliance Certificate issue. A Compliance Schedule statement will be issued at the same time (the Compliance Schedule statement is valid for one year from the issue of the Compliance Schedule).

Related Links

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