Certification of Acceptance

A Certificate of Acceptance is issued under section 96 of the Building Act 2004 and is the formal mechanism for addressing building work that has been completed without a building consent in New Zealand. Auckland Council is the issuing authority for properties in the Auckland region, and the application process involves submitting documentation of the unconsented work, paying the relevant fees, and making the work available for inspection by council building inspectors. The COA does not provide the same protections as a building consent obtained in advance, but it is an important tool for regularising unconsented work and restoring confidence in a property’s compliance status.

The circumstances in which a COA application is appropriate are varied. Common situations include work carried out by previous owners without consent, alterations completed by tradespeople who advised the client that consent was not needed when it was, owner-builder work where the scope expanded beyond what the owner understood required consent, and work completed under a building consent that was subsequently amended or extended without the relevant amendments being consented. In each case, the starting point is an honest assessment of what work was done, when it was done, and whether it is likely to meet the Building Code standards that applied at the time.

We prepare all documentation required for a COA application, including as-built drawings that accurately record the unconsented work, a description of the work and the materials and methods used, and any other information required by council to assess the application. For work that involved structural elements, we coordinate with a structural engineer to provide the necessary assessment. For work that involved plumbing, we coordinate with a licensed plumber to assess and document the plumbing installation. We manage the full coordination process so you are dealing with one professional rather than multiple consultants.

It is important to understand that a COA is not always the right answer. For some types of unconsented work, particularly work that clearly does not meet the Building Code, a COA cannot be issued, and the property owner may need to consider remedial work or other options. We give honest advice about this upfront. If a COA is not achievable for your specific situation, we will tell you clearly and advise on what alternatives are available, including whether obtaining a building consent for remediation work is a viable option.

One of the most common situations where a COA becomes relevant is in property transactions. When a property is sold in New Zealand, the vendor is required to disclose material information about the property, and unconsented work is generally considered material information. A buyer who discovers unconsented work after settlement may have recourse against the vendor. Similarly, a vendor who is aware of unconsented work and does not disclose it faces potential legal exposure. Regularising unconsented work with a COA before a property goes to market is a practical way to manage this risk and give buyers confidence in the property.

Refinancing is another common trigger for COA applications. Banks and other lending institutions increasingly require evidence that all building work on a property is consented as part of the valuation and lending process. If a property has unconsented work, the lender may require it to be regularised before proceeding with the refinance. We work with property owners in this situation to prepare and lodge COA applications as efficiently as possible to meet the lender’s requirements within the required timeframe.

We service COA clients across all areas of Auckland, the Franklin District, and the Waikato. For clients outside these areas, we offer remote COA services where we prepare the documentation and manage the council process digitally. In some cases, a site visit is required to assess the unconsented work and prepare accurate as-built drawings, and we will advise you on this requirement at the initial consultation.

If you have unconsented work on your property and you are not sure what to do about it, the best first step is to call us for a free consultation. We will assess the situation honestly, explain your options clearly, and give you a realistic picture of what a COA application involves before you commit to anything. There is no charge for the initial assessment and no obligation to proceed with us after it.