Compliance Schedule & Building Warrant of Fitness

What is a Building Warrant of Fitness?

A Building Warrant of Fitness (BWOF) is a statement signed by the building owner (or owners agent), stating that the requirements of the building's compliance schedule have been fully complied with in the previous 12 months.

Form 12: Building Warrant of Fitness

It makes sure that the specified systems in your building are maintained, inspected and reported on. This is important not only because it is required by the compliance schedule issued by Council but because it gives occupants, customers and visitors to your building confidence about the building's safety systems.

The compliance schedule lists the specified systems operating in a particular building, and the Building Warrant of Fitness is an assurance that the specified systems have been inspected and maintained, and are continuing to operate as installed.

A current copy of the Building Warrant of Fitness (Form 12) must be displayed publicly in the building, and another copy must be sent to Council each year on the anniversary date for the Building Warrant of Fitness.

The Building Warrant of Fitness must be renewed by the building owner annually on the anniversary date. Once satisfied that the specified systems have been maintained as per the Compliance Schedule, the independent qualified person (IQP) supplies an annual certificate (Form 12a) for the system to the building owner. These must be attached to the Building Warrant of Fitness.

MBIE information for building owners, managers and developers

Expired Building Warrant of Fitness (BWOF), Infringement Fees and Late Submission Process

1. Expired BWOF and Infringement Fee

Under section 108 of the Building Act 2004, building owners are required to provide a current Building Warrant of Fitness (BWOF). Failure to do so may result in an infringement notice being issued. The infringement fee for this offence is $250, as set out in the Building (Infringement Offences, Fees, and Forms) Regulations 2007.

2. Scenarios where an expired BWOF Infringement will be generated

An invoice relating to an expired BWOF will be issued under the following circumstances:

The BWOF due date has passed and no valid BWOF has been received.
Documentation provided is incomplete, and we have not received the updated documents
There has been no prior communication advising of a delay before the BWOF expiry date.
Submitting a second B-RaD in two consecutive years.

3. Prior Notification and Available Options

If the IQP or building owner knows the BWOF won’t be submitted on time, they should let the council know before it expires, along with the reason for the delay.Getting in touch early gives the council a chance to understand the situation and consider whether any allowance can be made based on the circumstances.

4. Circumstances Where the Fee Will Not Be Waived

The infringement fee will generally not be waived in the following situations:

No prior notice of delay was provided before the BWOF expiry date.
There is a history of repeated non-compliance or late BWOF submissions.
The required documentation remains outstanding for an extended period.
The BWOF has been out of date for a significant period.

5. Summary

Maintaining a current BWOF is a critical legal obligation to ensure that specified systems within a building are inspected, maintained, and operating effectively. Timely submission avoids infringement fees and supports ongoing compliance. Where delays are unavoidable, early communication is strongly recommended.

What is a compliance schedule?

A compliance schedule is issued by the Building Consent Authority listing the specified systems within a building (e.g. sprinkler systems, lifts, smoke detectors). These systems ensure a building is safe and healthy for people to enter, occupy or use. The Compliance Schedule for a building must identify which specified systems are present, the performance standards for those systems, and who is required to inspect, maintain, and report that those systems continue to function as installed.

For new buildings, a compliance schedule is issued with the Code Compliance Certificate. Where a compliance schedule has been issued for the first time, a Compliance Schedule statement is issued by Council. This is a temporary public notification of compliance with the Compliance Schedule requirements and is replaced after 12 months by the Building Warrant of Fitness.

The owner must display this document in a public area within the building. After receiving a Compliance Schedule statement, owners must engage an IQP as soon as possible (typically within one month) to ensure that all inspection, maintenance and reporting is completed for the next 12 months.

What is a specified system?

Specified systems are systems or features installed in a building that are crucial to the safety and health of the building and those who use it, or systems which, if they are not maintained, could cause injury or harm. When you apply for a building consent, you must include a list of all specified systems in the building project.

When is a Building Warrant of Fitness required?

If your building contains any of the following specified systems, you must have a Building Warrant of Fitness:

Automatic systems for fire suppression (for example sprinkler system)
Automatic or manual emergency warning systems for fire or other dangers (other than a warning system for fire that is entirely within a household unit and serves only that unit)
Electromagnetic or automatic doors or windows (for example ones that close on fire alarm activation)
Emergency lighting systems
Escape routes pressurisation systems
Riser mains for fire service use
Any automatic backflow preventers connected to a potable water supply
Lifts, escalators, travelators or other systems for moving people or goods within buildings. Note: this includes cable cars attached to a private dwelling
Mechanical ventilation or air conditioning systems
Building maintenance units providing access to exterior and interior walls of buildings
Laboratory fume cupboards
Audio loops or other assistive listening systems
Smoke control systems
Emergency power systems for, or signs relating to, a system or feature specified in any of clauses 1-13
Cable car
Any or all of the following systems or features, so long as they form part of a building's means of escape from fire, and so long as those means also contain any or all of the systems or features specified in clauses 1 to 6, 9 and 13
Systems for communicating spoken information intended to facilitate evacuation.
Final exits (as defined by clause A2 of the building code)
Fire separations (as so defined)
Signs for communicating information intended to facilitate evacuation
Smoke separations (as so defined).

Confirmation of Performance Standards PDF (88.4KB)

Amending a compliance schedule

You will need to apply for an amendment to the existing compliance schedule if you want to:

Update owner details.
Amend the inspection, maintenance or reporting procedures.
Advise of any specified system not included on the compliance schedule for the building.

Who is an Independently Qualified Person (IQP)?

An IQP is a person approved by a territorial authority as qualified to inspect, maintain and report on certain specified systems. 'Independent' means that the person has no financial interest in the building.

Council does not perform Building Warrant of Fitness inspections or certification for building owners, although we carry out inspections for auditing purposes. The role of an IQP is to inspect, report on, and maintain the specified systems as detailed on the Compliance Schedule.

You are required by law to have annual written reports relating to the inspection, maintenance and reporting procedures of the Compliance Schedule signed by each person who has carried out those procedures. Keep the reports with the Compliance Schedule for two years and make sure they are accessible when inspections are carried out.

The register for IQP's in our District is held by Build Waikato and can be searched at https://www.buildwaikato.co.nz/ or https://www.buildwaikato.co.nz/most-popular/application-forms-checklists/compliance-schedule-details/

Please see the Ministry of Business Innovation and Employment website at www.business.govt.nz for more information.

Had a BWoF Audit? Further information here.

What if my building is very old and I can’t provide the information?

If you're dealing with an older building, here are a couple of steps you might find helpful:

Chat with Your IQP: Your IQP can be a fantastic help. They often have insights or alternative solutions thanks to their experience in similar situations. Check what standards your IQP is using for testing and confirm which year's standards apply. While Council might not have all this data, your IQP should be able to offer this information since they regularly test the building against these standards.
If you can provide an estimate of the closest year to when the building was constructed or the fire alarm was installed, that would be great. This approximation will be sufficient for your IQP, as it helps them determine the standards they're testing against.
If you like, you can order a property file for more information. However, the Council's records might not have every piece of information you need, but it could still be a helpful resource.
Provide What You Can: Share as much information as is available, even if incomplete. This helps demonstrate your proactive approach to compliance. We understand the challenges posed by older buildings.
Alternatively, if you wish to discuss this Notice to Fix, please send us an email.
Historical Research: If you like, you can order a property file for more information. However, the Council's records might not have every piece of information you need, but it could still be a helpful resource.

Are there fees to pay?
When it comes to amending the compliance schedule, there will be some charges involved. An invoice will be sent to you based on the Council's standard fees and charges.

If there’s no compliance with the Notice to Fix (NTF) or you don’t get in touch with us to discuss an extension for meeting the requirements, it could be considered an offence under Section 168 of the Building Act 2004. Additionally, receiving subsequent NTFs can lead to extra fees, which are outlined in Section 219 of the Building Act 2004.

Why are we doing this?

In light of the tragic Loafers Lodge fire in Wellington, there has been increased focus on ensuring the safety of buildings regarding fire safety and Building Warrant of Fitness (BWoF) standards.

The investigation into the Loafers Lodge fire revealed significant issues with fire safety systems, including malfunctioning smoke detectors, unmonitored alarm systems, and inadequate escape routes. Many of the buildings investigated lacked basic compliance with building safety regulations and had incorrect or missing BWoF documents.

Please note, this letter and the NTF will be included in your property's file and will be part of any future LIM (Land Information Memorandum) report until it has been complied with.

These audits are an essential part of the BWoF system. The frequency of audits varies based on the perceived risk related to the building's usage.

Essentially, audits serve as a crucial double-check to ensure that the independent companies responsible for assessing safety systems, such as fire alarms, smoke-stop doors, evacuation routes, and sprinklers, are accurately validating these safety measures.