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Certificates of Compliance (CoC)

What is a Certificate of Compliance?


Some proposed developments comply with all rules and standards in the Auckland Unitary Plan (AUP) and are therefore defined as “permitted activities” not requiring a resource consent.


In such circumstances, a site owner or developer may still wish to apply for a Certificate of Compliance (CoC).


The Resource Management Act (RMA) provides that a consent authority can issue a CoC where an activity is a permitted activity in all respects. This is basically a compliance certificate, issued and signed by the Council, which confirms that an activity was permitted at the time of the application.


Why Apply for One?


The benefit of a CoC is that it provides a legal document proving the development meets the Unitary Plan standards, and under the RMA, has the same status as a resource consent. 

 

This can be useful as the rules under the AUP or RMA are constantly in change, and at some future date it might not be as clear that an existing activity or building was lawfully established. If you have a CoC on file, then the legality of the activity can be easily demonstrated and you won’t be required to obtain any further resource consent from the Council. 

 

A CoC is also likely to be useful in any bank loan applications, site sales or other legal processes where an entity may want clear evidence that what they are funding, or buying, has all the required consents from the Council.

 

When applying for a CoC you will need to:

 

  • Provide plans which clearly demonstrate adherence with all relevant standards of the AUP.
  • An application clearly referencing each of the activities and rules in the AUP and how the proposal meets all such requirements.
  • Pay the application fee (currently $1500).

 

Given a thorough understanding of all rules of the AUP is required, use of a planning consultant is highly recommended for CoC applications.


Contact Us Today


If you are needing help preparing a Certificate of Compliance application within the Auckland Region, please do get in touch.

 

We can ensure that a thorough rule check is undertaken of your activity, or proposed buildings, and ensure that your Certificate is issued by the Council with the minimum of fuss.

 

Please contact us today on the details below to discuss your next project.


Frequently Asked Questions

Got a question? We’re here to help.

  • What is a CoC, and when might a property owner or developer in Auckland need one?

    A CoC is a legal document that certifies adherence with all rules and standards in the Auckland Unitary Plan (AUP) at the time of the application. Even for permitted activities, a CoC can be useful to provide clear evidence of compliance and having this document is particularly useful if the planning rules change in the future.

  • What is the legal basis for issuing a certificate in Auckland?

    The Resource Management Act (RMA) empowers consent authorities to issue CoCs for activities that meet all rules under the Auckland Unitary Plan and are therefore permitted activities .

  • Can you provide examples of situations in which it can be particularly valuable?

    CoCs can be valuable for scenarios such as site sales, legal transactions, or securing funding, where having clear evidence of adherence to regulations is essential.  If the planning rules change, and become more restrictive, having a CoC is extremely useful as evidence that the activity was legally established and will avoid the need for obtaining an Existing Use Rights Certificate in the future.

  • Why is it advisable to engage the services of a planning consultant to submit applications for a compliance certificate in NZ?

    A thorough understanding of  Auckland Unitary Plan rules is crucial, and planning consultants can provide expertise in ensuring that the application complies with all relevant standards, increasing the chances of a successful CoC issuance.

  • How long does it take to get a Certificate?

    The processing time to obtain a CoC can vary depending on factors such as the complexity of the project, the workload of the consent authority, and the completeness of the application. Under the RMA the Council must issue a Certificate within 20 working days, however if they need any further information that will delay processing timeframes.  In general, it is advisable to initiate the CoC application well in advance of any legal or financial transactions.

  • Are there application fees or processing fees involved with issuing a CoC?

    Yes, at the time of writing the application fee for a CoC with Auckland Council is $1,500.

  • How do I submit my application?

    Applicants can submit their application for a Certificate of Compliance by providing a digital submission through the Auckland Council's official website. The application must include all required documents, such as detailed plans, a report assessing compliance with all AUP standards, and any supporting documents that demonstrate compliance with the Auckland Unitary Plan and relevant regulations.

  • What is the processing time for a Certificate of Compliance, and does it involve processing and issuing fees?

    The Auckland Council must issue a Certificate of Compliance within 20 working days from the receipt of a complete application, as mandated by the Resource Management Act 1991. This timeframe may vary if additional information is required. An application fee is required upon submission, which covers the processing and issuing costs. 

  • What happens if the Auckland Council is considering refusing to issue a Certificate of Compliance?

    If the Auckland Council identifies issues with the proposal that may lead to declining the issue of a Certificate of Compliance, the applicant will be notified and given an opportunity to address the concerns. This may involve providing additional information, amending the proposal, or consulting with a planning expert. The goal is to ensure that all activities comply with the current regulations and planning provisions, safeguarding both the developer's and the community's interests.

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