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#

1. 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.
2. 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 (i.e. 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.