Changes to BWoF process and Building Non-Compliance June 2023
The Ministry of Business Innovation and Employment (MBIE) and Auckland Council have changed the procedures
for obtaining a Building Warrant of Fitness.
Your building and the insurances pertaining to the structure, goods and people within it may be affected by the
issuance of a Non Compliance Certificate instead of a BWoF.
Should a service contractor miss an inspection or is waiting to remedy a minor defect, or has been engaged for less than 12 months prior to the BWoF expiry date, then they are unable to issue a 12a Certificate.
The previous “work around” has been to issue a Report in Lieu (RIL) of the 12a Certificate – this process is no longer acceptable in achieving compliance status for a BWoF. In place of the RIL is a MBIE prescribed document called S-Rad.
Should a service contractor supply Auckland IQP (AIQP) with a S-Rad then AIQP will be unable to provide the building with a BWoF.(Form 12)
In place of the BWoF is a document called B-Rad. This document states that the building is Non-Compliant.
If you are a tenant, please advise the building owner of this information as soon as possible.
There are implications for both parties. Many insurance policies and bank finance contracts stipulate the requirement
to maintain a valid BWoF. There may be further Work Safe implications for employers if a S-Rad is issued for a place
of work.
AIQP advice on this matter
Vigilance with regards maintenance of Specified Systems by contractors is a priority
- Ensure Building Owner and Building Occupier are aware of this new BWoF procedure.
- Determine what policy your service contractors have regarding S-Rad.
- Determine what policy your insurance company has on this matter.
- Determine what policy any Financier associated with your building has on this matter.
- Review your Health & Safety at Work policy regarding building compliance.
Window of opportunity for changing contractors
Should you wish to change any service provider and avoid receiving a S-Rad because of the change you will need
to do this in the same month or immediately after the BWoF has been issued.
This is because the 12a Certificate reflects 12 months of inspections i.e if a contractor that has only been engaged for
11 months they will be required to issue a S-Rad.