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If you have a question to do with dam building, other people might wonder the same thing. In this section we seek to address these frequently asked questions. If you can't find the information you need, contact us for further help. If it is a common question it will be added to this page.
Appurtenant structures
Q. What is an appurtentant structure?
A. An appurtenant structure means a structure that is integral to the “proper functioning” of the dam. This is highly dependant on the particular setting, and Environment Waikato will make a decision on a case by case basis. This may include facilities such as intake towers, powerhouse structures, tunnels, canals, penstocks, low-level outlets, surge tanks and towers, gate hoist mechanisms and their supporting structures, and all critical water control and release facilities. Also included is mechanical and electrical control and standby power supplying equipment located in the powerhouse or in remote control centres.
Amendments to the building consent
Q. What if I want to change my plans after I have been granted a building consent?
A. You will need to submit the altered plans to Environment Waikato for assessment using the Amendment Application Form.(91 kb, 13 seconds to download, 56k modem)
Building without a consent
Q. Can I get a retrospective building consent for work done with out a consent?
A. No. The Building Act 2004 allows for any person to apply for a "Certificate of Acceptance" for any work that has been completed without a building consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A "Certificate of Acceptance" must be applied for on the appropriate form. Stay posted for a downloadable version of this form.
If you build without a building consent you are liable for a fine and may also have trouble selling your property and this may affect your insurance. If property is damaged or destroyed because of a fault occurring in the unauthorized work, an insurance company could legally refuse to pay you.
Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to dams and associated buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of the public then you need to refer the matter to Council at the earliest date.
Certificate of acceptance
See above - 'Building without a consent'
Certificates of Public Use
Q. Can people have access to the building I am working on at the moment?
A. Only if you have permission. Under the Building Act, it is an offence to allow members of the public to have access to and use parts of a building affected by building work. However, if you have a Certificate of Public Use, this authorizes public use of a building before the Code Compliance Certificate is issued. A council can issue a Certificate of Public Use if it is satisfied that members of the public can safely use the premises or part of them. See above - 'Building without a consent'. Stay posted for a downloadable version of this form.
Code compliance certificate
Q. What is a Code Compliance Certificate?
A. The Code Compliance Certificate (CCC) confirms that the work has met the requirements of the Building Code 2004 and has been built in accordance with the approved plans.
Q. What do I need to have finished before I get my CCC?
A. The project must be completed as per the approved consent documentation. You will also need to provide Council with all relevant energy certificates, supplied all producer statements and paid all fees and levies.
Q. I have had a CCC inspection and I needed to get some things done. I have now finished the work required, but some time has past, can I get another inspection?
A. Yes, but depending on the length of time that has passed, the inspection may need to be a full inspection not just a recall for the items that needed correcting as the building needs to be up to standard now. However depending on the length of time and the nature of the work, Council may unable to issue a CCC, and you may need to apply to the Department of Building & Housing for a determination.
Compliance schedules
Q. What is a compliance schedule?
A. This is only required if you need a compliance schedule and a Building Warrant of Fitness, for a dam / buildings that may be occupied and contain certain specified systems. A Compliance Schedule lists the inspection, maintenance and reporting procedures for systems within a building such as lifts, automatic sprinklers, automatic doors, air conditioning and fire alarms.
Q. How do compliance schedules relate to 'means of escape from fire'?
A. See the Department of building and housing.
Determinations
Q. What is a determination?
A. A determination is a decision made by the Chief Executive of the Department of Building and Housing. It provides a way of solving disputes or questions about whether something complies with the Building Code or decisions made by BCAs, councils and regional authorities under the Building Act.
For more information about determination, see the Department of building and housing.
Inspections
Q. What inspections do I need?
A. Look at the conditions of the consent. It will have a list of all the inspections required.
Q. I missed my inspection, what do I do?
A. Book another inspection by contacting Environment Waikato on Ph 0800 800 401. You will have to pay extra for this inspection.
Q. What fees will I have to pay?
See the Fees and charges document.
Infringement notices
Q. What is an infringement notice?
A. From July 2008, regional authorities have the option of issuing infringement notices to persons, who do not meet the building code requirements. Further information on these infringements can be obtained in the Building (Infringement Offences, Fees and Forms) Regulations 2007.
While this option is available to Councils, it is expected these will only be used when the non-compliance item has made little or no progress, there is repeated offending, or the offence is of a serious nature.
Notice to fix
Q. What is a notice to fix?
A. Where building work has been found to not comply with the regulations, the Council will issue a Notice to Fix. This specifies exactly what is wrong, what needs to be done to correct the problem and when it needs to be done by. A failure to comply with a Notice to fix can result in fines up to $200,000 with a further $20,000 a day until the work is completed.
Q. I have received a notice to fix, what do I have to do?
A. A Notice to Fix may require the owner to:
- Apply for an additional building consent to carry out the remedial work
- Apply for an amendment to the existing consent
- Complete the work required
- Remove the work not covered by the consent
- Apply for a Certificate of Acceptance
PDF documents
Q. How do I read PDF documents?
A. Many of the application forms on this site are in PDF format. To open these documents you need a programme called Acrobat Reader. If you do not have Acrobat Reader on your computer already, it can be downloaded from Adobe for free.
Producer statements
Q. What are producer statements used for?
A. Producer statements have no specific status under the Building Act 2004. However they can be used as a mechanism for helping establish compliance with the Act and the Building Code. Environment Waikato and external Consultants acting for Environment Waikato need to have confidence that people providing producer statements have appropriate experience and competence in their field(s) and need to assess the content and accuracy of each producer statement that is supplied.
Q. Who is responsible for whether building work complies with current rules and regulations?
A. The sole responsibility for deciding it is satisfied on reasonable grounds that building work complies with the Building Act and the Building Code lies with Environment Waikato.
Resource consents
Q. What are resource consents and when do I need them?
A. Resource consents are often required for dams when they involve the taking, using, damming and diverting of water and controlling of the quantity, level and flow of water. Also, the works associated with the dam construction itself often trigger the requirement for resource consent.
Irrespective of whether a building consent is required for the large dam or not, land owners should also ascertain whether resource consents are required from their relevant regional and local council.
Once details of your project are known you should discuss your development with the relevant regional and local council to identify if any resource consents will be required.
Siting of Dam
Q. How is the siting of a dam established?
A. It is the responsibility of the dam owner to ensure the dam is positioned as per the approved consent documentation. Each dam site is unique and confirmation of accurate siting may be established by various methods including aerial photos, GPS (global positioning satellites), or a certificate from a Registered Surveyor.
The method of ensuring compliance with the consent application, will be included in each approved consent documentation.