What Happens If Your Building Warrant of Fitness Expires?
For commercial property owners, keeping a Building Warrant of Fitness (BWOF) up to date is an important part of managing a compliant, safe building.
But what happens if your BWOF expires?
An expired BWOF is more than an administrative headache. It means the building owner has not supplied the required annual BWOF to the regional council authority by the date specified in their compliance schedule. An expired BWOF also indicates that the required inspection, maintenance, and reporting procedures for the building’s specified systems have not been completed and documented as required.
The good news is that if your BWOF has expired, taking action quickly can help you address the requirements and get your compliance back on track.
What Is a Building Warrant of Fitness?
A Building Warrant of Fitness is an annual statement made by the building owner confirming that the specified systems listed on the building’s compliance schedule have been inspected, maintained and reported on as required during the previous 12 months.
Specified systems are systems or features that help protect the health and life safety of people using a building. Depending on the property, these can include fire alarms, sprinkler systems, emergency lighting, lifts and other safety systems.
Buildings with a compliance schedule must have a BWOF renewed every 12 months, according to NZ Building Performance. The owner must supply it to the relevant territorial authority and publicly display a copy in the building.
What Does It Mean If a BWOF Has Expired?
A BWOF must be renewed every 12 months, with the building owner required to supply the up-to-date BWOF to the relevant regional council on the anniversary of the building’s compliance schedule.
There isn’t a “grace period” that allows an expired BWOF to simply remain current while outstanding inspections, maintenance, or paperwork are sorted. If your renewal date has passed, it’s important to address any outstanding requirements as soon as possible, to get your compliance back on track.
For building owners, the takeaway is simple: don’t wait until your BWOF has expired to deal with outstanding issues. Keeping inspections, servicing and documentation up to date throughout the year makes the renewal process much easier.
Why Does a BWOF Expire?
There can be several reasons a BWOF hasn’t been issued on time.
Sometimes it’s simply a matter of missed deadlines or paperwork. In other cases, the underlying inspection and maintenance work hasn’t been completed.
A BWOF can only be issued when the requirements of the building’s compliance schedule have been met. The owner needs to obtain the relevant Form 12A certificates from the IQPs responsible for the specified systems. These certificates confirm that the required inspection, maintenance and reporting procedures have been completed for the previous 12 months.
This means an overdue BWOF can be a sign that there are outstanding servicing, inspection, repair or documentation issues that need to be resolved.
Can You Be Fined for an Expired BWOF?
There are enforcement provisions under the Building Act 2004 for failing to meet BWOF and compliance schedule requirements.
Building owners can face prosecution for offences including failing to supply a required BWOF to the territorial authority or failing to display one correctly. Building Performance states that these offences can carry a maximum fine of $20,000, while councils can also issue infringement fees ranging from $250 to $1,000 for relevant compliance schedule and BWOF breaches.
A council can also issue a Notice to Fix where, for example, a BWOF is not correct or the inspection, maintenance and reporting procedures in the compliance schedule have not been properly followed.
If a Notice to Fix is not complied with, significantly higher penalties can apply, including a maximum fine of $200,000 and a further $20,000 for each day the offence continues. Learn more about fines and penalties for failing to comply with the Building Act NZ requirements here. The penalties depend on the specific offence and circumstances, so an expired BWOF shouldn’t be ignored.
What About Insurance if Your BWOF Has Expired?
Insurance is another reason not to leave an expired BWOF unresolved.
Building Performance specifically warns that insurance cover may be compromised if a building does not have a current BWOF.
However, it’s important not to assume that an expired BWOF automatically means your insurance is void. Insurance policies have their own terms and conditions, so building owners should check their policy and speak directly with their insurer or broker about how an expired BWOF could affect their particular cover.
The Bigger Concern: Are Your Specified Systems Being Maintained?
The BWOF paperwork is important, but the reason BWOF requirements exist is even more important.
A BWOF provides assurance that your building’s specified systems - which include important building safety features - have been inspected, maintained, and reported on. If inspections or maintenance have been missed, there may be faults or other issues with your specified systems that might not have been identified.
For example, a building may have specified systems such as fire alarms that haven’t been properly serviced or inspected. If maintenance and inspections are missed, faults can go undetected and systems may not perform as they should when they’re needed during an emergency.
What starts as an overlooked compliance requirement could have serious consequences. Learn about the common BWOF compliance mistakes building owners make, and how to avoid them, here.
What Should You Do If Your BWOF Has Expired?
If you’ve realised your BWOF is overdue, don’t wait for the next renewal date.
The first step is to establish what is outstanding. This may include checking your compliance schedule, reviewing your inspection and maintenance records, and confirming which IQP inspections and Form 12A certificates are required.
From there, any overdue inspections, servicing or repairs can be addressed.
It’s worth remembering that IQPs can only issue a Form 12A when the inspection, maintenance and reporting procedures required for the relevant specified system have been fully complied with for the previous 12 months. An IQP cannot simply sign off an incomplete compliance history to get a BWOF over the line. Learn more about Form 12A, IQPs, and the BWOF process here.
This is why addressing issues early is so much easier than trying to resolve everything at the last minute.
How Fireco Can Help With Your BWOF Compliance
Getting a BWOF back on track can involve coordinating several moving parts, particularly if your building has multiple specified systems.
Fireco helps businesses across Northland and Auckland manage their fire safety and BWOF requirements through:
- Fire alarm testing and servicing
- Fire equipment servicing
- Emergency lighting inspections and maintenance
- IQP inspections through Fireco’s trusted IQP network
- Form 12A and BWOF support
- Ongoing fire safety maintenance
Our aim is to make compliance easier to manage and help identify issues before they become bigger problems. Learn more about our BWOF support services and network of IQPs to help keep your BWOF on track.
Don't Let an Expired BWOF Become a Bigger Headache
If your BWOF has expired, the best thing you can do is deal with it promptly.
The longer outstanding inspections, maintenance or repairs are left unresolved, the more complicated getting everything back on track can become.
Need help with your BWOF or IQP inspections? Talk to the Fireco team today.
