Understanding Building Compliance and Warrant of Fitness

Building compliance is another tricky area to understand and navigate, but it is essential to maintain your equipment and keep your building Warrant of Fitness up to date. 

Some questions that come frequently are “What is my building Warrant of Fitness?”, “Why do I need it?” And, “Who pays?”

The Auckland Council website has more resources if you need further information but here is a summary of what landlords, tenants and Property Managers need to know.

What is a Building Warrant of Fitness?

A Building Warrant of Fitness (BWOF) is a certificate that is issued annually that certifies any specified systems have been maintained and are safe.  It also confirms that any requirements of the compliance schedule have been met.

In simple terms, the BWOF ensures that your building is safe to occupy.  It confirms that any automatic systems are working correctly and are regularly maintained.  For example, if you have an automatic door that is integrated into your access control, it needs to be maintained quarterly to ensure that it is operating correctly.  If it is not operating correctly there could be issues with staff not being able to exit the building in an emergency.  Fire Systems are also included in the BWOF, and it is important that they work correctly in case of a fire. Air Conditioning maintenance is also important as you need to be sure the air quality is maintained for your staff and customers. 

The BWOF does not, however, cover all of your Health and Safety obligations, either as a tenant or a landlord.  Check out my Health and Safety article in the Knowledge Library for more information on this.

Why do you need a BWOF?

Other than keeping your workplace safe and healthy, Landlords will need a BWOF for insurance purposes.  A current BWOF is a prerequisite for building insurance.

Tenants often need a current BWOF for their insurance as well, and for their Health and Safety compliance. 

If you don’t keep your BWOF current the Auckland Council can fine up to $20,000.

Not maintaining the BWOF for your commercial properties can have serious repercussions. 

Who Pays?

Generally, the tenant is responsible for the maintenance and compliance of systems within their premises.  If there are systems that are common to a multi tenanted property it is best practice to include these costs in the outgoings budget and apportion them fairly between the tenants.

CP Pro Tip: Property Managers should manage any maintenance contracts that are required under the BWOF.  This will make it easier to ensure annual certification is provided promptly when the BWOF renewal is due.  Chasing multiple tenants contractors for certification can be time consuming and difficult.

Are there Exceptions?

Some older buildings that have not previously had specified systems installed may not require a building WOF.  If you renovate these buildings or tenancies within the building the building consent will likely trigger the need for a new compliance schedule which will also mean you will need a BWOF after the renovation has been completed. If you are not sure, it is always a good idea to check either with your local council or a building compliance company.

Compliance Made Easy

This all seems like a lot to manage, but if your property manager has good systems in place, maintaining and renewing your BWOF can be simple.  This is how I manage the BWOF for my portfolio:

1.       Have good relationships with trusted maintenance contractors.

2.       Have contracts in place for all required maintenance and certification

3.       Engage a compliance company to manage the WOF inspections and renewals.

CP Pro Tip: Many fire service contractors now also offer BWOF services.  Simplify your BWOF even further by having one contractor take care of both requirements for you.  Just make sure you have a good relationship with your fire contractor and that they are preforming well before extending their contract to cover BWOF inspections and renewals.

If you have these systems in place, your BWOF management should be a breeze.

If you still need help, CPPro offers Facilities Management services either as a stand-alone service or as part of a comprehensive management package.

My initial consultation is always free. Email me to see how I can help.

Kirstin

The Commercial Property Knowledge Library is a free resource to help Landlords, Tenants and Property Managers achieve the best results for their businesses.  If there is a topic you would like me to add to the library, please email your question to kirstin@cpp.nz.