Compliance schedules

A compliance schedule lists specified systems within a building. These systems ensure a building is safe and healthy for members of the public to enter, occupy or work in.

The compliance schedule for a building must identify which systems are present, the performance standards for those systems, and how those systems will be monitored and maintained to ensure they will continue to function.

The requirements for a compliance schedule in the Building Act 2004 are broadly similar to those in the Building Act 1991. However, the Building Act 2004 allows more options for the administration of compliance schedules by territorial authorities and, significantly, the ability to charge a fee for services. New requirements include that:

• the administration of compliance schedules may be split between a building consent authority that is not a territorial authority, and a territorial authority
• a building consent authority issues a compliance schedule
• a building consent authority can charge a fee for issuing a compliance schedule
• a building consent authority must state in a building consent the specified systems that will be covered by a compliance schedule
• a compliance schedule must be issued with the code compliance certificate, where applicable
• building consent authorities that are not territorial authorities have 5 days after issuing a compliance schedule to notify the territorial authority that the compliance schedule has been issued
• a territorial authority and a building owner can agree to amend a compliance schedule as required, at any other time
• territorial authorities can charge a fee for issuing an amended compliance schedule
• all buildings serviced by or attached to cable cars will require a compliance schedule
• a statement of fitness is now a compliance schedule statement.

The compliance schedule has been made more flexible to reflect that, as systems age, monitoring and maintenance requirements change.

Location in Building Act 1991	Location in Building Act 2004	Description
Part V - Use of buildings Section 44	Part 2 Subpart 5 Section 100-107 Compliance schedules	Section 100-107 of the Building Act 2004 concerning compliance schedules is equivalent to section 44 compliance schedules of the Building Act 1991.

Applying for a compliance schedule

When should an application be made?

The application should be made as part of the building consent application, where building work includes specified systems within a building. Where an application for a building consent involves building work in an existing building, and that work includes modifying or adding to the specified systems, that work will require an amendment to an existing compliance schedule.

How should the application be made?

An application for a new compliance schedule must be made as part of the application for a building consent.

What the application must include

The application should list each specified system or, if the building work is an amendment to an existing building, the application should list all specified systems in any way affected by the building work.

What is a specified system?

The 2004 Act defines a specified system as a system or feature that is:

• contained in a building
• contributes to the proper functioning of the building (eg, a sprinkler system)
• declared by the Governor-General, by Order in Council, to be a specified system for the purpose of this Act.

Regulation 4 and Schedule 1 of the Building (Specified Systems, Change the Use, and Earthquake-prone Buildings) Regulations 2005 list the specified systems. Some examples are:

• automatic systems for fire suppression
• automatic or manual emergency warning systems for fire or other dangers
• electromagnetic or automatic doors or windows
• emergency lighting systems
• escape route pressurisation systems
• riser mains for use by fire services
• automatic backflow 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
• smoke control systems
• emergency power systems for, or signs relating to, any of the above systems.

Issuing a compliance schedule

Who can issue

A building consent authority issues a new compliance schedule, or an amendment to an existing compliance schedule, with a code compliance certificate.

When to issue

A building consent authority must issue a compliance schedule with a code compliance certificate, where applicable.

Fees

A building consent authority can charge a fee for issuing a compliance schedule.

Notification to territorial authority

Building consent authorities that are not territorial authorities have 5 days after issuing a compliance schedule to notify the territorial authority.

Cable cars

Cable cars were not previously considered a specified system. However, a compliance schedule must be issued for a building that has a cable car attached to it, or if it is serviced by a cable car.

Amending a compliance schedule

An amendment to a compliance schedule may 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 person (IQP) or a licensed building practitioner (LBP).

When an application is made to amend a compliance schedule, the territorial authority may wish to consider whether that change has been brought about by building work that should have had a building consent, or will require one.

Territorial authorities will retain responsibility for making and considering recommendations for amending existing compliance schedules when a building consent application has not affected the change. A territorial authority is responsible for considering recommendations made by an IQP or LBP for amending existing compliance schedules. Where an IQP or LBP recommends an amendment to a compliance schedule, the owner has the right to make submissions and talk with the territorial authority before the territorial authority makes its decision on whether to accept or refuse the recommendation.

Territorial authorities can charge a fee for issuing an amended compliance schedule.

An application for an amendment to a compliance schedule must be on Form 6 from the Building (Forms) Regulations 2004. It must include generic information as well as the following.

• The location of the particular building.
• The owner of the building, including evidence of ownership.
• A copy of the existing compliance schedule.
• The specified system that the amendment is for.
• The reason for amendment.

Audit

There may be buildings within the territorial authority district that have not had their compliance schedule updated since issue. The Building Act 2004 provides for the territorial authority to be proactive in inspecting these buildings and reviewing the compliance schedule. The territorial authority could adopt a policy to proactively review a percentage of buildings with compliance schedules each year. The policy could identify buildings that either have had no building work done for an extended period of time or where the building warrant of fitness and compliance schedule have not been reviewed for an extended period of time. It would be appropriate for the territorial authority to audit the compliance schedule and building warrant of fitness for a building that the territorial authority is investigating for being dangerous, earthquake-prone or insanitary.