Certificate for Public Use

A CPU is the assurance that a building (or part of a building) is safe for the public to use while the building is undergoing building work that involves a building consent, but for which as yet there is no Code Compliance Certificate (CCC).

A CPU can apply to all, or part of a building, that is used by the public, whether or not an entry fee is charged.

Examples include schools and childcare centres, hospitals, places of assembly, restaurants, public foyers in office and apartment buildings, or any other building open to the public.

A Certificate for Public Use does not relieve the owner of a building, from the obligation to apply for a Code Compliance Certificate after all the building work has been carried out.

The requirement for a certificate for public use doesn't apply:

• to private homes
• to apartment buildings or office space (except where they have public foyers)
• if the building work doesn't require a building consent (such as a non-structural fit-out of a shop or office).

Building consent applicants must provide information about how the public will be protected whilst building work is underway, including but not limited to the following:

• What parts of the building are occupied and or will the public have access too?
• What access/egress routes will be compromised by the building work (walking near or through building work)?
• What hazards will the public potentially face as a result of the building work?
• What protection measures can be put in place to protect the public?
• What safety systems are in place to protect the public or building occupants (i.e. will specified systems be operational during construction)?
• What mitigation measures can be implemented to ensure the safety of the users where life safety features have been disconnected/decommissioned?
• What alternative safety features can be utilised to provide the same or better security in terms of the health and safety of the public, where safety features are not operational?
• What protection measures are in place?

o Paving and ramps

o Fencing off the construction area

o Hoardings - protection from falling objects

A completed application form 15 must be accompanied by:

• Evidence of the applicant’s status (Certificate of Title, Lease, Sales and Purchase agreement, or any document showing the full name of the applicant in relation to ownership, occupancy or control of the building).
• Plans and diagrams of the premises, which should include details and location of any barriers to restrict access to areas affected by building work.
• Documentation relevant to the safety of the premises such as engineer’s report and certificates related to specified systems.
• Information on the status of all specified systems within the building including any temporary modifications to specified systems.
• Construction area security
• Council’s CPU Fee

Altogether the application must demonstrate how members of the public can use the premises safely.

The application documentation will be assessed for compliance with the Building Code, and if appropriate there may be an on-site inspection to assess the building work for compliance.

A Territorial Authority (Council) has 20 working days to assess the application and may during this time require further reasonable information in respect of the application.

If this happens the 20-day clock is suspended and not resumed until the information is received.

Agreements can be made to mutually establish any further period during which the Territorial Authority has to decide whether to issue the Certificate for Public Use.

Issuing a certificate for public use

The Council will issue a certificate for public use (Form 16) only if it is satisfied that members of the public can use the premises safely.

The expiry date of a certificate for public use is at the Council's discretion.

When is a CPU application refused?

A CPU will be issued only when the Council is satisfied that members of the public using the premises can do so safely, and in the event of an emergency, members of the public will be able to evacuate safely. A CPU will not be issued if the Territorial Authority (TA) is not satisfied that the public will be safe. For example:

• If the specified systems affected by the building work are not compliant
• If the provision for means of escape is unsatisfactory
• If the emergency warning systems are not adequate

Only a Territorial Authority can issue a CPU and the certificate will only cover the building work that the TA is satisfied (to the best of its knowledge, belief and on reasonable grounds) to be compliant with the Building Code, and current regulations.

If a Territorial Authority refuses to issue a Certificate for Public Use, the TA must give the applicant written notice of (a) the refusal; and (b) the reasons for the refusal.

As with other building work, where a building consent is required, it is illegal to carry out building work without a building consent or where the work does not comply with the building consent that has been issued.

It is also an offense to allow members of the public to use a building, or any parts thereof, that have not been deemed safe by a Territorial Authority. You could be prosecuted for operating a Dangerous, Affected, or Insanitary building under Section 128A of the Building Act, or under (Section 363) where:

• It is an offense to allow members of the public to use a building that has not been certified as safe, or where a Certificate for Public Use has not been issued, and
• It is an offense to allow members of the public to use a building where a Certificate for Public Use has been issued, but the conditions of its issue have not been complied with.

A person who commits an offense under this section of the Building Act is liable to a fine not exceeding $200,000 and, in the case of a continuing offense, to a further fine not exceeding $20,000 for every day or part of a day during which the offense has continued.

MBIE guidance:

• Public access while building or altering a public building