Restricted Building Work
Changes came into affect on 1st March 2012.
If your residential building work is structural or if it affects the weathertightnessThe resistance of a building to the weather. Weathertightness is not necessarily waterproofing, but rather ensuring against undue dampness inside buildings and damage to building elements. of the building, the work may be "Restricted Building WorkBuilding work means work in connection with, the construction, alteration, demolition, or removal of a building, siteworks, and building design.". This means you MUST employ a Licensed Building Practitioner(s) (LBP) to design and carry out that work. They must either DO or SUPERVISE this work.
If you are in the planning or design phase make sure the people you plan to employ are Licenced Building Practitioners (LBP's)
Licensed Building Practitioners (LBP's)
They include designers, carpenters, roofers, external plasterers, bricklayers and blocklayers, site and foundations licensed in the Government's LBP scheme.
Registered architects, chartered professional engineers and plumbers are deemed to be LBP's.
For more information click here to go to the Ministry of Business, Innovation & Employment (MBIE) "Build It Right" website page.
Memorandum from Licensed Building Practitioner: Record of Building Work
Memorandum from Licensed Building Practitioner: Certificate of Design Work
Click here for guidance on how to complete a Certificate of Work and refer to Appendix D for an example Certificate of Work
What Restricted Building Work means for your business - Architects, Designers, Engineers (1,045kb PDF)
What Restricted Building Work means for you - Carpenters (938kb PDF)
1. When does it apply?
For any applications accepted on or after 1st March 2012.
2. What is restricted building work?
Restricted building work is classed as work critical to the integrity of the building - i.e. building work (including design) that relates to the structure (load bearing walls, foundations, etc.), moisture penetrations (roofs, cladding, etc.) of residential homes.
In particular, it makes sure the building is structurally sound and weathertight. Restricted building work is important to the building, is complex to do, needs to be done right, and should therefore be done by a competent person.
It also includes small to medium sized apartment buildingsA structure of any kind, whether temporary or permanent, moveable or immoveable, but excluding the following:
- any fence or wall not exceeding 2.0m in height
- any retaining wall not exceeding 1.5m in height and not incurring a surcharge
- any scaffolding or falsework erected temporarily for maintenance or construction purposes
- any vehicle, trailer, tent, caravan or boat, whether fixed or moveable, unless it is used as a place of accommodation, business or storage
- any swimming pool with walls not more than 1.2m above the ground level at any point
- any deck not more than 1.0m above the ground level at any point
- any other structure or building not more than 2 metres in height and having a floor area of not more than 10m² which is located a distance equal to or greater than its own height from the boundary
and additional to the structure and moisture penetrations, includes the design of fire safety systems.
RBW applies to both new homes and renovations if a building consent is required.
If it doesn't involve work to the home's primary structure or weathertightness, it is not Restricted Building Work, e.g. pool fences, kitchen installations
All restricted building workBuilding work means work in connection with, the construction, alteration, demolition, or removal of a building, siteworks, and building design. is required to be carried out by a Licensed Building Practitioner (LBP).
3. What is a Licensed Building Practitioner (LBP)?
An LBP is a skilled and / or qualified building practitioner who has met industry competencies in one or more of the following license classes:
- external plasterers
- bricklayers & blocklayers
- foundation specialists
Registered Architects, Plumbers and Chartered Professional Engineers are deemed to be licensed.
RBW must either be carried out or supervised by a LBP. If a person is supervising RBW, they provide direction and oversight of the work to make sure it is done properly and complies with the Building Code. To do this, they must be licensed in the appropriate class.
4. How do I find an LBP?
You can check the online public register for LBP's on the Ministry of Business, Innovation & Employment (MBIE) website - http://www.business.govt.nz/lbp
If you have already selected your building professionals you should consult with them to ensure they have the appropriate license to undertake your project.
5. My application was submitted before 1st March 2012, do I still need to use LBP's?
Any application accepted prior to 1st March 2012 does not require LBP's to be engaged in either the design work or the actual building project. This includes any amendments made to the same consent after this date.
Applications accepted on or after the 1st March 2012, must fulfil the requirements to use an LBP in all applicable components of the project, this includes design work.
6. What does RBW mean to my project?
Critical factors affecting a building project are:
- employ the services of a licensed building practitioner from 1st March 2012 to undertake any restricted building work
- provide a Memorandum / Certificate of Work for the design of RBW at the time your application for building consent is made
- provide a list of all LBP's involved in your project before construction begins (you will not be able to book an inspection until this list has been supplied)
- provide a Memorandum / Record of Work from each LPB involved in construction when the building work in question is complete
7. Do I have to give you the Design Certificate(s) of Work when I lodge my application?
Yes, we require the Certificate(s) of Work of all LBP's involved at the design stage of your project when you lodge your application. We are unable to lodge your application until we have received all of these.
8. If I have a Certificate of Work, do I still need to provide a Producer Statement?
Yes. A Certificate of Work does not replace a Producer Statement. If a Producer Statement has been identified as required you must still provide it.
9. At what stage do you need to know who the LBP's working on my project are?
When you submit your application we will need to know the information for the LBP who undertook the design work.
You don't need to inform us who the LBP's performing the building workBuilding work means work in connection with, the construction, alteration, demolition, or removal of a building, siteworks, and building design. are at the time you lodge your consent.
However, you do need to advise us of the relevant information prior to starting any building workBuilding work means work in connection with, the construction, alteration, demolition, or removal of a building, siteworks, and building design.. We will also ask you for this information when you book inspections - e.g. when booking your foundation inspection we will ask you for the details of your foundation specialist and we recommend that they are onsite for the inspection.
Click here for more information about notification.
10. What if I want to do the work myself?
At present, legislation does not cater for the DIY person. This doesn't mean that a homeowner can't undertake the building work. What it means is they will have to have an LBP sign off the work. In practice, it may be quite difficult to get someone to do this as the practitioner will be responsible for the work.
If you are a builder you are able to undertake work on your own home. This must be declared using the Statutory declaration as to owner-builder form. Click here to get the form from the Ministry of Business, Innovation & Employment (MBIE) website.
11. Does exempt building work have to be undertaken by an LBP?
No, if the building work is exempt and does not require a building consent, then it doesn't have to be undertaken by an LBP. However, the building work must be undertaken in accordance with the Building Code and comply with other relevant legislation.
12. How do I lodge a complaint about an LBP?
Contact the Ministry of Business, Innovation & Employment (MBIE) on 0800-242-243 as they administer this scheme. You can find information about the complaints process on their website by clicking here