Licensing criteria for home-based ECE services

The Education Act 1989 S309 defines home-based ECE services as the provision of education or care, for gain or reward, to fewer than 5 children under the age of 6 (in addition to any child enrolled at school who is the child of the person who provides education or care) in:

  1. their own homes
  2. the home of the person providing education or care
  3. any other home nominated by the parents of the children.

These services are licensed in accordance with the Education Act 1989 under the Education (Early Childhood Services) Regulations 2008, which prescribe minimum standards that each licensed service must meet. Licensing criteria are used to assess how the services meet the minimum standards required by the regulations.

For each criterion there is guidance to help services meet the required standards.

The publication of the criteria on its own can be downloaded as a PDF [PDF, 541 KB] and printed.

The licensing criteria were last updated in November 2016.

Licensing Criteria Cover

PF3 Building Act compliance

  • Criteria
    • Criteria

      Premises and Facilities criterion 3

      The premises conform to any relevant bylaws of the local authority. 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).

      Rationale/Intent:

      To ensure the premises are compliant with the Building Act 2004 and maintained in good condition.

  • Guidance
    • Guidance

      Any examples in the guidance are provided as a starting point to show how services can meet (or exceed) the requirement. Services may choose to use other approaches better suited to their needs as long as they comply with the criteria.

      The provisions of the Building Act 2004 do not apply to homes built prior to 1992 that have not since been renovated. The Ministry of Education will not require code of compliance certificates for every home. If recent building work has been undertaken, then the service provider should ask for a copy of the code of compliance certificate.

      Building warrants of fitness and compliance schedules are not commonly needed in residential homes. These documents are required under the Building Act only when buildings contain an escalator, lift, cable car, automatic doors, or particular kind of fire alarm – they provide evidence that these mechanical systems are maintained in good working order.

      If the home is located in an apartment block, the building will require a code of compliance certificate and building warrant of fitness. Again, the service provider should ask for copies.