If you've received a PS4 Pending Letter from Brevity — construction monitoring reports, an unsigned PS4, and a cover letter explaining we're waiting on a Building Consent Number (BCN) — this page explains what that package is, why we issue it, and what happens next.

The short answer;

We have finished our construction monitoring and confirmed the work on site. But we cannot sign the PS4 until a valid building consent number applies to that work.

This is not a delay on our side for the sake of it. Recent court decisions in New Zealand have made clear that signing a PS4 is legally treated as building work. Under the Building Act, building work must be carried out in accordance with a building consent. Issuing a PS4 that certifies compliance with a consent — when no consent exists — creates serious legal risk for the signing engineer.

We hold the signature until the consent is in place. Instead of leaving you without documentation, we issue a PS4 Pending Letter package. When you provide the BCN, we will sign and complete the PS4 at no extra charge.

The PS4 Pending Letter — what we send instead

When construction monitoring is finished but no building consent number is available, we do not simply withhold our deliverables. We issue a PS4 Pending Letter — a complete package that records what was done on site and holds the final PS4 signature until the consent is confirmed.

The cover letter is titled "Construction Monitoring and Certification of Building Elements". It sits alongside your monitoring report and an unsigned PS4 form. Together, these three documents make up the pending package.

What is a PS4?

A PS4 (Producer Statement — Construction Review) is a formal statement from an engineer who has inspected building work during construction.

It confirms that, based on that inspection work, the building elements in question have been carried out in accordance with the building consent and the relevant parts of the Building Code.

Councils rely heavily on PS4s when deciding whether to issue a Code Compliance Certificate (CCC) at the end of a project — especially for specialist work such as seismic restraints, suspended ceilings, fall arrest systems, and mechanical services.

What is a Building Consent Number?

When a building consent is granted, the council assigns a Building Consent Number (BCN) — sometimes shown as a reference like `BCN/2025/8983`.

That number ties the approved plans, specifications, and inspection regime to a specific project. A PS4 is written against that consent. Without it, there is nothing lawful for us to certify against.

Why the rules changed

For many years, engineers routinely issued PS4s as part of normal project close-out. That changed following a Court of Appeal decision in October 2024 (*Solicitor-General's Reference (No 1 of 2022)*), which clarified the law after the well-publicised Bella Vista prosecution in Tauranga.

The Court confirmed several important points:

Signing a PS4 is building work. It is not just paperwork. It reflects site visits, inspections, testing, and professional judgement — work connected to the construction of a building.

Building work must follow a building consent. Section 40 of the Building Act makes it an offence to carry out building work except in accordance with a consent. Penalties are substantial — fines of up to $200,000, with further daily fines for continuing offences.

A PS4 certifying compliance without a valid consent is a legal problem. If we signed a PS4 stating work complies with a building consent when no consent covers that work, we would be completing building work outside the consent system — with potential criminal liability for the signing engineer.

This applies even when the physical installation on site is perfectly fine. The issue is the certification, not the quality of the builder's work.

Leading New Zealand law firms — including Brookfields (https://brookfields.co.nz/articles/infrastructure-construction-2/engineers-and-insurance-providers-should-be-aware-engineers-issuing-ps4s-may-face-criminal-liability-under-building-act-2004-act ), Dentons (https://www.dentons.co.nz/en/insights/articles/2025/june/11/yet-another-consequence-for-wrongful-producer-statements-liability-under-section-40 ), and MinterEllisonRuddWatts (https://www.minterellison.co.nz/insights/navigating-legal-risks-producer-statements-and-the ) — have published guidance for engineers and construction professionals on these implications.

What this means for your project

Your construction monitoring is complete. We are not withholding our inspection findings. You have a full record of what was checked on site.

The work should still comply with the Building Code. Many projects involve elements that may never need their own standalone consent — minor works, repairs, or exempt building work. That does not mean standards can slip; it means the consent pathway may be different.

We need the BCN before we can sign. If a building consent applies to your project — or is lodged later — please send us the consent number. We will update the PS4, obtain the engineer's signature, and return the completed document free of charge.

If no consent will ever apply, talk to us early in the project. Depending on the scope, we may recommend a different deliverable — such as a PS1 design statement together with a construction compliance letter — rather than a PS4.

Common questions

We were told no building consent was needed. Why do you need a BCN?

Sometimes clients or installers believe consent is not required — for example, on an existing building or for minor work. A PS4, however, is specifically a statement about compliance with a building consent. If no consent exists and none is planned, a PS4 may not be the right deliverable. We can discuss alternatives if that applies to your project.

Can you sign the PS4 and leave the BCN blank?

No. That would expose our engineer to the legal risks described above. We hold the PS4 until the consent number is confirmed.

Will this hold up our Code Compliance Certificate?

Possibly — if your council requires a signed PS4 for the elements we monitored. That is why we ask clients to confirm consent status early, and why we sign the PS4 promptly once the BCN is provided. The monitoring itself is already done.

Is the unsigned PS4 still useful?

Yes. It shows the council and other parties that monitoring was completed and that a PS4 is prepared — only the signature is pending the consent number. It also makes final sign-off fast once the BCN arrives.

What is a PS4 Pending Letter exactly?

It is the cover letter in the three-part package we issue when monitoring is complete but no BCN is available. The letter confirms monitoring is done, explains why the PS4 cannot be signed yet, and sets out our commitment to sign the PS4 free of charge once you provide the consent number. See the section The PS4 Pending Letter — what we send instead above for full detail.

Can I use the monitoring report without the signed PS4?

The monitoring report stands on its own as a record of what was inspected on site. However, if your council requires a signed PS4 for code compliance, you will need to obtain the BCN and return it to us for sign-off. The pending letter package is designed so that final step is quick once the consent is in place.

What if the consent is granted months later?

That is common. Email us the BCN when it is issued. We will finalise and sign the PS4 at no additional cost, provided it relates to the same scope we originally monitored.

What if the consent is never granted?

That is also common. There is a large set of building elements that do not trigger consent application requirements on their own right, but will be incorporated into consent processing in new builds or substantial retrofits. For example, a standard partition wall does not require consent as part of a commercial retrofit, but does if it’s part of a new build, or part of a retrofit that also affects a fire wall or plumbing. Other building elements in this category include height access, racking, and fencing. In this case, the PS4 Pending report can be kept in the property file in case the building elements are retrospectively added to a future consent.

Does this affect every Brevity project?

No. If a BCN was available when we completed our work, you receive a signed PS4 as normal. The pending letter applies only where monitoring is finished but the consent number is not yet available.

Disclaimer

This page is general information for Brevity clients and the public. It is not legal advice. Building consent requirements vary by project, council, and scope of work. For project-specific guidance, contact us directly.