Certificate for Public Use

What is a Certificate for Public Use (CPU)?

A Certificate for Public Use (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 a shopping centre, store; sports stadium, swimming pool(s) or any other building open to the public.

A CPU 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.

There are two types of CPUs:

1. "Construction" CPU: This is normally obtained at the time of a building consent application and relates to public use of the building whilst under construction.
2. "Occupation" CPU: This is where there is a piece of work or document(s) that prevent the CCC from being issued, but does not impact on public safety.

Who can apply for a CPU?

A person who owns, occupies (tenant or lessee) or controls the premises (contractor) intended for public use, or their agent can apply for a CPU. Evidence of the applicant’s status may be verified by the following:

• Copy of Certificate of Title
• Lease
• Agreement for Sale and Purchase
• License
• Property Management Agreement
• Other – any document showing the full name of the applicant in relation to ownership, occupancy or control of the building.

Examples of public places

Premises with free and open access will typically be classified as premises intended for public use. Examples include shopping centres as well as premises where the public can enter on payment of a fee, such as a sports stadium, swimming pool or zoo.

Premises with restricted access are unlikely to be considered premises intended for public use (for example, where access is blocked, and entry gained via a keypad or coded swipe card).

A reception area that is open to the public, even though the remainder of the building is closed off, would be categorised as premises intended to be open to members of the public.

Premises intended for public use are likely to include, but are not limited to:

• schools and childcare centres
• hospitals and rest homes
• premises providing public accommodation, such as hostels and guest houses
• places of assembly, including churches, cinemas and conference facilities
• clubrooms and recreation centres with public access
• restaurants and bars
• public foyers in office and apartment buildings
• public structures.

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).

What you need to consider before applying for a CPU

How much of the premises will be considered affected will depend on the project. 'Affected by building work' can mean work occurring on the premises, or work being done elsewhere in the building if it poses a threat to public safety on the premises.

In many cases, the areas affected will vary at different times during the project. Whatever the case, access to the affected part of the premises needs to be restricted.

Many of the safety precautions you could take would be similar to those undertaken under the Health and Safety at Work Act 2015.

For example, if you were adding an outside extension or smoking area to a public bar the business could remain open, but in a limited capacity while building work is under way. The public must be able to enter without passing by or through the building work. The site and any tools or materials must not be accessible to the public. The public must not be able to access any part of the premises where the structural integrity is compromised by the work, or where the public’s safety is jeopardised.

People who control premises are also responsible for ensuring members of the public can use their premises safely. If premises are affected by building work, this could include ensuring barriers are put up to restrict access, or in some cases it could involve closing premises.

What if I have a Compliance Schedule?

If a certificate for public use is issued, the building’s specified systems will still require inspection and maintenance procedures to be carried out prior to the issue of the code compliance certificate.

Timeframe for assessing application

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.

An application for a CPU can be a ‘FAST TRACK’ application, where the TA will process the application within 5 working days. This is only if the TA has the capacity to do this. Note, this excludes the on-site inspection and applies only to the desktop assessment of the application.

During this time the TA may require further reasonable information in respect of the application. If this happens the 20-day clock (or 5-day fast track 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 or refusing a CPU application

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

When is a CPU application issued?

A CPU will be issued only when Council are 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.

When is a CPU application refused?

A CPU will not be issued if Council are 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

If Council declines your application for a Certificate for Public Use, we will tell you what needs to be done or what extra information must be provided. These things would need to be actioned before we can reassess your application.