Licensing update
Issue 14 - August 2009
Newsletter for the ‘Licensed Building Practitioners (LBP) scheme’.
In this issue we cover:
Decisions on restricted building work
Decisions on what will restricted building work will be under the LBP scheme were announced by the Minister for Building and Construction, Hon Maurice Williamson, on 27 August 2009.
He also announced a review of the Building Act aimed at cutting red tape in the building consent process. The review and LBP decisions are so the Act can achieve its objective of improving quality and confidence in the building sector.
Restricted building work will only apply to houses and small-medium sized apartment buildings. Specifically, it will apply to the design and construction of:
- the primary structure (eg, foundations and framing) to ensure it will meet vertical and horizontal loads.
- external moisture management systems (eg, roof and wall cladding) to ensure the building is weathertight.
Restricted building work will also apply to the design of active fire safety systems in small-medium sized apartment buildings.
The work defined as restricted is work that is critical to the integrity of the building, is complex to do, needs to be done right, and should, therefore, be done by a competent person.
Restricted building work will not apply to any building work for which a building consent is not required.
These requirements will take effect on 1 March 2012. This means that, from that date, a licensed building practitioner will be required to carry out or supervise work that fits within the ‘restricted’ category.
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Owner-builder (DIY) exemption
Owner-builders – or do-it-yourselfers (DIYers) – will be able to seek an exemption from restricted building work requirements.
The exemption will ensure the continuation of New Zealand’s do-it-yourself owner-builder tradition.
The majority of work that DIYers undertake will not be affected by the restricted building work requirements because:
- a lot of the work people do themselves does not need a building consent
- much of the work that DIYers do that needs a building consent will not be restricted building work.
The exemption is to enable a DIYer to undertake restricted building work on their own home while still protecting future owners of the home. Conditions for an exemption are that the applicant:
- Is an individual (ie, not a company or trust)
- Has a legal, beneficial or equitable interest in the property
- Lives in, or intends to live in the property (this includes a bach or holiday home)
- Carries out the work themselves, or with a close friend or relative
- Completes statutory declarations confirming that they meet these conditions.
The declarations will be held on the council’s property file and will available to future purchasers of the property as a safeguard on the quality of the restricted building work. This is to ensure that DIYers remain accountable for their work. Prospective purchasers will be able to choose whether to buy a DIY house and, if they do, will be able to take up with the DIYer any issues that may arise from the DIYer carrying out restricted building work.
After completing DIY work under an exemption, the DIYer will not be able to claim a further exemption for three years.
Exemption conditions are to prevent restricted building work being carried out by people working in the industry but who are not licensed building practitioners. Making a false or misleading statement in an application for an exemption would be an offence under the Building Act, with a fine of up to $5000.
The owner builder exemption will come into force at the same time as restricted building work.
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Consultation on streamlining the LBP scheme
A consultation paper has been issued with proposals to streamline the LBP scheme.
The proposals aim to make the scheme easier to understand, cheaper and less time consuming for qualified practitioners to apply, and more efficient to run.
Consultation will seek to remove unnecessary costs or complexity by:
- Giving greater recognition to trade-qualified practitioners, by reducing the assessment they have to undertake
- Introducing a fast-track, simplified and cheaper process for trade-qualified practitioners
- Simplifying the building categories for the Design and Site classes
- Removing duplication with other occupational licensing schemes
- Not proceeding with the proposed licensing of people who install or maintain active building services such as lifts, fire and air-conditioning systems.
The consultation will also include a provision to strengthen the requirements for LBPs to work within their level of competence.
Changes to the licensing scheme will be implemented as soon as practicable next year.
The consultation document is available online.
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Further information on licensing decisions
Further information on restricted building work, the owner-builder exemption and consultation on the LBP scheme is available online.
If you have any questions about any of the LBP announcements, you can call the Department on 0800 60 60 50 at any time.
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Review of the Building Act
The Building Act is being reviewed in order to cut red tape in the building consenting process.
The review will identify reforms to reduce the costs but not the quality of the building control system. The review will consider:
- removing building regulation that adds cost but is of little benefit
- streamlining building consent requirements to reflect the complexity of the job and the competence of the practitioners
- reducing the amount of work requiring a consent
- improving the allocation of risk and responsibility across parties in the building and construction sector
- providing consumers with more information about their rights and responsibilities and improved dispute resolution mechanisms
- greater incentives for professional performance, including softening inspection requirements for licensed building practitioners.
The review is being carried out by the Department of Building and Housing.
A reference group has been established from the building and construction sector and consumers. Opportunities for reform will be identified by the end of this year. There will be no substantive consultation at this stage of the review process though anyone wishing to offer ideas for consideration can email them to buildingactreview@dbh.govt.nz
‘Quick wins’ that do not require legislative change will be implemented immediately, while those requiring legislative change are targeted for implementation in mid-2010.
Subject to Cabinet approval, sector-wide consultation will be undertaken next year on more detailed options for regulatory reform, with a view to legislative change by the end of 2010.
The full Terms of Reference are available online.
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Frequently asked questions
If you have questions about the LBP scheme that you would like answered, you can contact us on 0800 60 60 50 or info@dbh.govt.nz.
Q: I am a trade-qualified carpenter. How soon can I apply to be licensed under the streamlined process?
A: Consultation on these proposals has just started. It will be early next year before any changes are made.
Q: I currently work as a carpenter in a team. Will all my team need to become licensed to do restricted building work?
A: You will be able to continue to work in a team as long as at least one member of the team is a licensed building practitioner and carries out or supervises the restricted building work.
However, it is likely that others in your team will want to become licensed, or that they will want to do, or supervise, the work. Talk to them about how many of you need to become licensed.
Q: Why will restricted building work only apply to houses and small apartments? Why not all buildings?
A: Applying restricted building work to complex commercial building projects involving large numbers of tradespeople would add administration time and cost without providing additional benefit.
Commercial construction and most high-rise apartment buildings are typically undertaken by professionally managed construction companies. Problems that arise are already managed effectively through commercial contractual arrangements. People purchasing a new home or a small-medium sized apartment often don’t have the same protections.
Q: I have been doing foundations since 2002. Will I need to be licensed after 2012?
A: Licensing is currently being developed for those carrying out foundation work. It is expected to be available in 2010. From 1 March 2012 foundation work on houses and small-medium sized apartment buildings will have to be carried out or supervised by a licensed building practitioner. You should plan to be licensed before then.
Q: I’m having trouble completing my application. What do I do?
A: You can call our free helpdesk number 0800 60 60 50 or email info@dbh.govt.nz .
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New Activities approved by the Registrar
List of all Activities approved by the Register
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