Auckland Council Auditing Buildings

In anticipation of the official announcement from Auckland Council, we would like to advise that Auckland Council is currently in the process of auditing buildings through a consultancy company.

If your building(s) have specified systems installed which trigger a Building Warrant of Fitness (BWoF), auditors will be visiting your building(s) in the next few years.  This is part of the process to ensure building owners are meeting the requirements under the Building Act 2004. Please note you will receive a letter from Auckland Council to advise a time frame for when your building will be audited.

The initial audit (IBA) will be a brief inspection (depending on the property) which will focus on the following:

  1. That your Building Warrant of Fitness is clearly visible in the foyer /public area of your build
  2. Accuracy and availability of inspection records in your Compliance Manual.
  3. That your Compliance Schedule is up to date with detailed descriptions of the specified systems.
  4. The Building Warrant of Fitness matches the Compliance Schedule onsite

If, upon initial inspection, any of the above items are not in order, they will have reasonable grounds to further progress the audit.  Please be aware that Auckland Council will charge for further investigations. Unfortunately we haven’t been advised what these charges will be, we can only advise that costing is dependent on the size of the building and time spent.

It is highly likely the auditor will recommend a Compliance Schedule Audit (CSA), also at an additional cost.  This will be to update your Compliance Schedule to include specific information of the specified systems installed in your building(s).  Auckland Council will advise on a timeframe to give you the opportunity to provide information, or Auckland Council will conduct the CSA and on charge the costs.

Here are some handy links with more information on WOF fines and penalties and on building infringement fines for failing to comply with the Building Act 2004, as these could be part of the additional costs.

 

The Initial Audit (IBA) in detail

  1. Displaying your Building Warrant of Fitness

As per Section 108 of the Building Act 2004, the building owner must display a copy of the Building Warrant of Fitness in a public area.  This will be the first thing the auditors check when walking into your building.

Please be aware that there is an infringement fine for failing to display the Building Warrant.

 

  1. Compliance Manual – 2 years worth of records

As per Section 110 of the Building Act 2004 two years worth of records are required to be kept.  Records are kept in a Compliance Manual, which is kept on site, in an easily accessible area to council inspectors, IQP inspectors and technicians.

The Compliance Manual contains a detailed record of inspections and maintenance carried out by your service providers for each specified system.

The Compliance Manual also includes a copy of the BWOF, a copy of the Compliance Schedule, a copy of all 12A certificates and any action relating to remedial work.

Please check that you have two years worth of inspection records in your Compliance Manual.

An electronic copy of all records is acceptable as long as they are available to auditors while on site.

If you do not have a Compliance Manual you can contact Argest and we can arrange one for you. This will be at an additional cost.

 

  1. Compliance Schedule – Detailed, site specific, information for each specified system

It is the building owner’s responsibility to ensure the Compliance Schedule is correct and provide any information to Auckland Council.  As per Section 103 of the Building Act amendment in 2012, your Compliance Schedule is required to have the following information:

  1. state and describe each of the specified systems covered by the compliance schedule, including a statement of the type and (if known) make of each specified system; and
  2. state the performance standards for the specified systems; and
  3. describe the inspection, maintenance, and reporting procedures to be followed by independently qualified persons or other persons in respect of the specified systems to ensure that those systems are capable of, and are, performing to the performance standards.

Please check your Compliance Schedule(s) to find out whether or not there is a detailed description of each specified system.  If there is no specified system information, you will need to contact each of your service providers to obtain this information.  The specified system information will then need to be provided to Auckland Council to update the Compliance Schedule(s).   It is recommended you keep any correspondence to provide to the auditors if required.

Please contact Argest if you require any assistance with your Compliance Manual.

 

ANNUAL IQP REPORTS

Please be aware that if further investigation is required, the auditors will request a copy of the annual IQP reports from the service providers that maintain/inspect your specified systems.

This requirement is part of section 110 of the Building Act; however an accepted form and content has been unclear. We have received the Auckland Council approved Annual IQP report and will be sending to all service providers to complete with our 12A request.

  

FIRE REPORTS

Please be aware that most building requires a fire report.  Please contact Argest and we can advise you if your building does require a fire report.

If your building does require a fire report, it is highly recommended you request a copy of your Property File from Auckland Council to find out if there is a Fire Report for your building(s).   The Fire report will assist with finding out where the fire and smoke separation is located.  If you do not have a fire report, it is recommended you contact a fire engineer to obtain one.

Argest can assist you by going through your Property File(s); however this will be at an additional cost.

Now is the ideal time to review your building compliance plan for 2019

The beginning of a new year is the perfect time to check you are up to date with the building compliance obligations for your property portfolio – and plan for the 2019 year.

Check your Building Compliance is up to date with this simple checklist

First, confirm that:

  • Your BWOF for each building is displayed, and current
  • Your Inspection Logs and Manual  are up to date and filed for easy access and updating
  • You have forms ready in your log book, or manual, for you and your IQP’s to record the inspections for the year ahead
  • You have a schedule for the Owner’s Inspections you will be carrying out and have added these dates to your calendar or diary
  • Any new installations have the necessary consents, and details of the new systems have been provided to Argest to get your Compliance Schedules up to date
  • Your maintenance and service contracts for Heating, Ventilation, and Air Conditioning Units, Lifts, and other Specified Systems that have this as a requirement under the Building Act, are in place
  • Maintenance checks are being done on Heating, Ventilation, and Air Conditioning Units, Lifts, and other Specified Systems that have this as a requirement under the Building Act.

Cost implications of Building Compliance

When planning for your Building Compliance, you will need to consider the following in your budget for the 2019 year:

  • Your budgeted expenses will cover the likely increases in Council fees and charges for compliance services. You can check with your local council or Argest for information on your area
  • Ensure you have contingencies for council audits – both for time available, and remediation funding – as audits are increasing in frequency and depth of review.
  • Argest can provide a consulting service to assist you manage the audit process and council negotiation if required.

Finally, if you have new staff that will be completing Owner’s Inspections, or looking after your Building Compliance processes, make sure they have been trained on how to carry out and record inspections properly.  Argest can provide training on what is required under the Building Act to you, and your new staff.

If you need any help or advice on your Building Compliance, Argest is here to help

Please contact us on 0800 ARGEST or online now.

Building Compliance Terminology

Building compliance is primarily concerned with protecting the people who enter your building by ensuring the safety and essential systems operate as intended.As you probably know the compliance industry has a language all of its own. There are so many acronyms and specialist terms that we thought it wmay be helpful to share some, roughly in the order that you might encounter them over the life of a building.

Building Compliance Jargon

The Building Act 2004

The Building Act 2004 is the legislation that governs the building industry in New Zealand. Contained within the Building Act 2004 are the duties for building owners and managers.

The New Zealand Building Code
The building code gives guidance on how a building and its components must perform. It does not prescribe how the building must be designed or constructed.

Building Consent
A building consent is the formal approval to undertake building work.

Code Compliance Certificate (CCC)
A Code Compliance Certificate confirms that the completed work complies with the building consent.

Compliance Schedule
A Compliance Schedule lists the safety and essential systems in a building and the procedures to inspect report and maintain them.

Compliance Schedule Statement (CSS)
A Compliance Schedule Statement is issued as temporary public notification for the first 12 months after a building is completed. It is then replaced, providing compliance is met, by the first building warrant of fitness.

Form 12A
A 12A is a certificate issued for each safety or essential system. It states that the inspection, maintenance and reporting procedures listed on the compliance schedule have been complied with for the previous 12 months.

Building Warrant of Fitness (Form 12)
A BWOF is issued after a 12A certificate has been collected for each safety and essential system listed on the Compliance Schedule. It states that the requirements of the compliance schedule have been met for the previous 12 months.

Certificate for public use (CPU)
A certificate of public use certifies that premises affected by building work are safe to be used by the public.

Notice to fix
A notice to fix is a statutory notice requiring a person to remedy a breach of the Building Act 2004.

Independent Qualified Person (IQP)
An IQP is a person approved to inspect certain compliance schedule items and to ensure that the necessary maintenance occurs. The “Independent” description means the person has no financial interest in the building, other than being contracted to undertake the work.

Building Consent Authority (BCA)
Territorial Authorities and councils are to become registered as Building Consent Authorities. BCAs will be responsible for the issuing of all consents, code compliance certificates, notices to fix and compliance schedules.

Strengthening MBIE’s role as building regulator

A recent review showed Building System Performance (BSP) is the regulatory system within MBIE that needs the most attention to improve performance. Following that review, BSP is being transformed to shape the building regulatory system to meet New Zealand’s current and future needs.

General Manager BSP Anna Butler says, “The work MBIE and BSP does matters – building and construction make a significant contribution to our nation’s economy and social wellbeing.”

See the full article on the MBIE Website.

Minimal compliance on quake standards

By Phil Pennington for Radio NZ.

Fewer than 34 multi-storey New Zealand buildings have fully complied with earthquake restraints standards since they were introduced in 1983, including in the Christchurch rebuild, says Restraints specialist Terry Johnson, of Masterton.

Johnson consulted on the Christchurch justice precinct project and said as far as he knew only two of the buildings in the whole rebuild were up to the NZS4219 restraints standard.

Ceilings and services – pipes, ducts, heavy air-conditioning units and the like – were heavily damaged in the Christchurch 2011 and Wellington 2013 and 2016 earthquakes, such as at the BNZ Harbour Quays and Statistics New Zealand quayside buildings.

Typically, such damage accounts for up 70 percent of the cost of repairs after a quake.

Read the full Radio NZ article.

Image is BNZ corporate office, Pipitea, Wellington. Photo: Screenshot / GoogleMaps

Call to consolidate building compliance

Zaryd Wilson for the Wanganui Chronicle

Mainstreet Whanganui has called for a one-stop shop to help landlords understand building compliance requirements. The organisation, which represents businesses and property owners within Whanganui’s central business district, says each particular area of compliance involved dealing with a different organisation or department.

Mainstreet acting chairman Peter Robinson told the Whanganui District Council’s statutory management committee that owners often had to deal with a raft of issues including resource consent, building consent, fire regulations and heritage rules. The organisation wanted a working group formed to help building owners understand what was required of them.

Read the full article in the NZ Herald.