New rules re­strict build­ing work

Matamata Chronicle - - Building -

When you build or ren­o­vate your home there are a few changes to the Build­ing Act that will make sure the right peo­ple are on your job.

The in­tro­duc­tion of Re­stricted Build­ing Work means that work crit­i­cal to the struc­ture of the build­ing or to its weath­er­tight­ness, is done by some­one who can build it right – a li­censed build­ing prac­ti­tioner.

Re­stricted Build­ing Work makes sure that you know who is ac­count­able for each part of the work and that it is built right.

The im­por­tant things for you to know when you are build­ing or ren­o­vat­ing your house are:

Use a de­sign li­censed build­ing prac­ti­tioner to draw the plans for your build­ing

Use li­censed build­ing prac­ti­tion­ers to build your home

All li­censed build­ing prac­ti­tion­ers do­ing Re­stricted Build­ing Work on your home have to give you a mem­o­ran­dum when their part of the work is done. It doc­u­ments what they did.

A li­censed build­ing prac­ti­tioner is a trades­per­son you can trust to know how to build it right and has been as­sessed as be­ing com­pe­tent to do the type of build­ing they hold a li­cence for.

Li­censed build­ing prac­ti­tion­ers have to show cer­tain skills, give proof of prac­ti­cal ex­pe­ri­ence and com­ply with the build­ing code to get their li­cence.

They also have to gain enough main­te­nance points ev­ery two years to keep it. There are a num­ber of li­cences that can be held by a trades­per­son. These each spe­cialise in an area of the build­ing process. These li­cences are: De­sign Car­pen­try Foun­da­tion Roof­ing Brick and Block lay­ing Ex­ter­nal Plas­ter­ing Reg­is­tered ar­chi­tects and char­tered pro­fes­sional engineers are au­to­mat­i­cally treated as de­sign li­censed build­ing prac­ti­tion­ers and you can em­ploy them to do any Re­stricted Build­ing Work de­sign.

Reg­is­tered plumbers and gas­fit­ters are au­to­mat­i­cally treated as li­censed build­ing prac­ti­tion­ers in the roof­ing, ex­ter­nal plas­ter­ing, and brick and block­lay­ing li­cens­ing classes. All can only carry out work that they are com­pe­tent to do.

There are a lot of dif­fer­ent ways that you might go about or­gan­is­ing the build­ing or ren­o­vat­ing of your home.

You might build through a con­tract­ing com­pany who will hire the right li­censed build­ing prac­ti­tion­ers for you or you might hire a builder who holds a car­pen­ter li­censed build­ing prac­ti­tioner li­cence.

They may then hire other li­censed build­ing prac­ti­tion­ers to do work such as roof­ing and plumb­ing. Other op­tions are hir­ing each type of trades­per­son di­rectly or ask­ing your de­signer to project man­age the work for you.

It is im­por­tant that the Re­stricted Build­ing Work on your home is done by some­one who is li­censed to do that type of Re­stricted Build­ing Work. For ex­am­ple if it is Re­stricted Build­ing Work to the roof, then the trades­per­son has to be li­censed in roof­ing.

Reg­is­tered ar­chi­tects and char­tered pro­fes­sional engineers are au­to­mat­i­cally treated as de­sign li­censed build­ing prac­ti­tion­ers.

Reg­is­tered plumbers and reg­is­tered gas­fit­ters are au­to­mat­i­cally treated as li­censed build­ing prac­ti­tion­ers in the roof­ing, ex­ter­nal plas­ter­ing, and brick­lay­ing and block­lay­ing classes. This is in recog­ni­tion they carry out this type of work in the or­di­nary course of their busi­ness and they must only carry out work that falls within their own com­pe­tence lev­els.

Owner-builders are able to carry out Re­stricted Build­ing Work on their own home. You are an owner-builder if you:

Live in or are go­ing to live in the home (in­cludes a bach or hol­i­day home).

Carry out the Re­stricted Build­ing Work to your own home your­self, or with the help of your un­paid friends and fam­ily mem­bers, and

Have not, un­der the Owner-builder Ex­emp­tion, car­ried out Re­stricted Build­ing Work to any other home within the pre­vi­ous three years.

Most DIY work is usu­ally mi­nor re­pair, main­te­nance or al­ter­ation work and doesn’t fall within the cat­e­gory of Re­stricted Build­ing Work. For this work noth­ing has changed and home own­ers can con­tinue to do this work as they al­ways have.

Re­stricted Build­ing Work is work that re­quires a build­ing con­sent and re­lates to the pri­mary struc­ture of your home or af­fects its weath­er­tight­ness. Build­ing work that is in the Re­stricted Build­ing Work cat­e­gory must only be done by or un­der the su­per­vi­sion of li­censed build­ing prac­ti­tion­ers, un­less you are us­ing the owner-builder ex­emp­tion.

If you are a suit­ably skilled owner­builder and meet the cri­te­ria above, you can carry out this work but if you have any doubts you are rec­om­mended to hire li­censed build­ing prac­ti­tion­ers to do this crit­i­cal build­ing work.

An owner-builder is re­spon­si­ble for en­sur­ing that Re­stricted Build­ing Work car­ried out un­der the owner-builder ex­emp­tion com­plies with the build­ing con­sent and the rel­e­vant plans and spec­i­fi­ca­tions.

As the owner-builder fam­ily mem­bers and friends can help you with the Re­stricted Build­ing Work to your home as long as you are not pay­ing them to help you.

Fu­ture buy­ers will have ac­cess to in­for­ma­tion that shows the build­ing work was car­ried out by the owner rather than a li­censed build­ing prac­ti­tioner.

Be­fore you can use the owner-builder ex­emp­tion you need to com­plete a statu­tory dec­la­ra­tion show­ing that you meet the owner-builder cri­te­ria.

The statu­tory dec­la­ra­tion form has to be wit­nessed and signed by a Jus­tice of the Peace or some­one else au­tho­rised by law do so. This form needs to be given to your lo­cal coun­cil with your ap­pli­ca­tion for a build­ing con­sent, or be­fore the Re­stricted Build­ing Work on your home starts.

It is an of­fence un­der the Crimes Act 1961 to give false in­for­ma­tion in a statu­tory dec­la­ra­tion and it is also an of­fence un­der the Build­ing Act 2004 to give false in­for­ma­tion.

Visit builditright.govt.nz or con­tact your lo­cal coun­cil for more in­for­ma­tion on the owner-builder ex­emp­tion.

Re­stricted Build­ing Work is work which is crit­i­cal to the in­tegrity of a build­ing. It makes sure the build­ing is struc­turally sound and weather­tight, that’s why it can only be done or su­per­vised by trades­peo­ple who are li­censed build­ing prac­ti­tion­ers.

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