Download Understanding the regulatory environment

Licensed
Building
Practitioner
Scheme
Understanding
the regulatory
environment
Disclaimer
We have tried to make this information as accurate as possible at the time
of printing. However, it should not be regarded as legal advice. Always
refer to the documents referenced in this publication for more detail.
Terms of use
This document may be reproduced in full or in part for educational purposes,
provided that the Department of Building and Housing is acknowledged
as the source, including the document title and date (eg, Understanding
the Regulatory Environment, Department of Building and Housing, 2010).
Contents
02
Introduction
03
Section 1
Building control framework
15
Section 2
The building consent process
25
Section 3
Building-related legislation
35
Section 4
Roles and responsibilities
39
Section 5
The Licensed Building Practitioner Scheme
45
Self-assessment questions
52
Self-assessment answers
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Introduction
As part of your application to become a licensed building practitioner (LBP), you need to
demonstrate your knowledge of the regulatory environment that relates to your work in the
building construction industry. This booklet outlines the information you need to meet this
requirement. However, regulations change from time-to-time, and it is your responsibility
as an LBP to keep up-to-date with the law, for example, through the Department of Building
and Housing (the Department) website and guidance material.
Please take time to read and understand the content – your assessor will ask you questions
appropriate to your licence class during your assessment. The general information in this
booklet is relevant for all classes.
Information and questions specifically for trade applicants (carpenters, roofers, external
plasterers, bricklayers, blocklayers and foundation workers) is marked with this symbol:
Information and questions specifically for Site applicants will be assessed on information
marked with this symbol:
Information and questions specifically for Design applicants will be assessed on
information marked with this symbol:
Self-assessment questions and answers at the end of the booklet will help you check
whether you can demonstrate the knowledge appropriate to your licence class.
Where can I get more information
The Department’s website at www.dbh.govt.nz has useful information or call the
Department on 0800 60 60 50 or email [email protected]
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Section 1
Building control framework
Overview
New Zealand, like many other countries, uses legislation to regulate building work. The main
legislation is the Building Act 2004, which provides the legal framework for all aspects of
building work. The Building Code provides most of the technical requirements.
This section discusses the Building Act, building regulations (including the Building Code) and
Compliance Documents, and how these are relevant to building work and design.
Learning objectives
After you have read this section, you should be able to demonstrate your knowledge of the
purpose of the Building Act and the Building Code.
Site and Design applicants should also be able to demonstrate knowledge of Compliance
Documents.
Introduction
The regulation and performance of buildings sits under a three-part framework:
The Building Act contains the provisions for regulating building work.
Various sets of Building Regulations include prescribed forms, list specified systems, define
‘change the use’ and ‘moderate earthquake’, and set out the rate of levy and the fees for
determinations.
The Building Code sets out performance standards that all new building work must meet, and
covers aspects such as stability, fire safety, access, moisture, user safety, services and facilities,
and energy efficiency.
The pyramid below illustrates the legislation that forms the building control framework, with the
Building Act providing overall governance.
BUILDING
ACT 2004
BUILDING REGULATIONS
THE BUILDING CODE
Objective
Functional
requirement
Performance
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THE BUILDING ACT 20 04
The Building Act 2004 (the Act) provides the framework for the building control system,
which must be followed when doing building work in New Zealand. The Act applies to:
• all buildings
• all components of each building, including plumbing, electrical and mechanical
installations required by the Building Code.
What is the purpose of the Act?
The purpose of the Act is to regulate building work and enable the setting of performance
standards for buildings, to make sure that:
• people can use buildings safely and without endangering their health
• buildings can contribute to the health, physical independence and well-being of the
people who use them
• people can escape a building if it is on fire
• buildings are designed, constructed and can be used in ways that promote sustainable
development.
The Act aims to improve control of and encourage better practices in building design and
construction to provide greater assurance to consumers.
How does the Act meet its purpose?
Measures that help the Act meet its purpose include establishing:
• the building consent process
• a licensing scheme for building practitioners
• a scheme for accrediting and registering building consent authorities (BCAs)
• the Department.
BUILDING REGUL ATIONS
Building Regulations are made under and in accordance with the Act. Currently, there are 19
sets of regulations under the Act - see www.dbh.govt.nz/building-regulations
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THE BUILDING CODE
The Building Code is contained in Schedule 1 of the Building Regulations 1992. It sets out
the mandatory performance criteria for all new building work.
The Building Code does not prescribe how work should be done, but states how completed
building work and its components must perform.
Why do we have a Building Code?
We have a Building Code to make sure buildings, building elements and site work meet
minimum requirements to:
• safeguard people from illness, injury and loss of wellbeing
• protect other property
• make sure people with disabilities can carry out normal activities in buildings
• facilitate fire rescue operations
• safeguard the environment.
What is in the Building Code?
The Building Code contains two preliminary clauses and 35 technical clauses. The technical
clauses in the Building Code cover aspects such as structural stability, fire safety, access,
moisture control, durability, services and facilities, and energy efficiency.
Each technical clause has three levels that describe the requirements for the clause:
Objective
The social objectives that the building must achieve.
Functional requirement
The functions that the building must perform in order to
meet the objective.
Performance
The criteria that the building must achieve. By meeting
the performance criteria, the objective and functional
requirement can be achieved.
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Example: Clause C1 in the Building Code, which deals with Outbreak of Fire
Objectives
C1.1 The objective of this provision is to safeguard people from injury or illness caused by fire.
Functional requirement
C1.2 In buildings fixed appliances using the controlled combustion of solid, liquid or gaseous
fuel, shall be installed in a way which reduces the likelihood of fire.
Performance
C1.3.1 Fixed appliances and services shall be installed so as to avoid the accumulation of
gases within the installation and in building spaces, where heat or ignition could cause
uncontrolled combustion or explosion.
C1.3.2 Fixed appliances shall be installed in a manner that does not raise the temperature of
any building element by heat transfer or concentration to a level that would adversely affect
its physical or mechanical properties or function.
At which stages of the building process is the Building Code relevant?
The Building Code is relevant at all stages of the building process, but it is particularly
important at the design stage.
After the design is complete and the building consent obtained, people carrying out the
building work will need to make sure it complies with the building consent (which in turn
ensures compliance with the Building Code).
From the planning stage through to when the building is complete, work should be checked
to make sure that it complies with the Building Code.
All building work must comply with the Building Code.
Even building work that can be done without building consent must comply
with the Building Code.
There is one exception to the rule: a BCA may, in exceptional circumstances, issue a
building consent subject to a waiver or modification of a specific Building Code clause for
certain elements of work.
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Does the Building Code tell me how I have to go about my work?
The Building Code does not tell you how to go about your work – it tells you how buildings
must perform. In other words, the Building Code is not prescriptive. It is performance
based.
The advantage of this non-prescriptive system is that it allows flexibility and innovation in
building design, technology and systems . People can find new ways to do things, as long as
the building will meet the performance criteria in the Building Code.
You must comply with the Building Code but you are free to choose
how to meet the performance requirements.
If the Building Code doesn’t tell me how to comply, how can I be sure I won’t go
wrong?
The Department publishes Compliance Documents which set out ways to achieve
compliance with the Building Code. These are discussed on page 9.
Designers need to make sure their design meets the performance criteria in the Building
Code. Remember: the design will be used when applying for building consent to do the
work. A building consent will not be given unless your designs show, or adequately support
consent documentation showing, how the work will meet the performance criteria in the
Building Code.
The performance-based approach gives designers flexibility because it allows them to
choose how best to achieve the performance criteria in the Building Code. Designers are
free to choose any materials, methods of doing the work and design that they think suitable,
as long as these meet the performance criteria, and as long as no warning or ban has been issued.
COMPLIANCE PATHWAYS
Compliance with the Building Code can be demonstrated using various pathways.
Understanding the New Zealand building control framework will help building practitioners
decide which pathways is most appropriate when designing and constructing building work.
The diagram overleaf illustrates the hierarchy of New Zealand building controls, including the
various compliance pathways.
The blue shaded area (the Building Act and Building Regulations) shows the building
legislation that must be followed.
The diagram also shows the pathways that may be used to demonstrate compliance with the
Building Code. Compliance with the Building Code must be demonstrated using one or more
of these pathways. A building practitioner can choose which pathways to follow.
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BUILDING
ACT 2004
BUILDING REGULATIONS
THE BUILDING CODE
Objective
Functional
requirement
Performance
Except for alternative solutions, the pathways illustrated above must be accepted by the BCA
as meeting the performance requirements of the Building Code. These pathways are discussed
overleaf.
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Compliance Documents
Compliance Documents are documents published by the Department. They provide details
of how compliance with the Building Code can be achieved.
What is in a Compliance Document?
Each technical clause in the Building Code has a corresponding Compliance Document.
Each Compliance Document contains a Verification Method or an Acceptable Solution generally both. However, some Compliance Documents have more than one Verification
Method or Acceptable Solution. For example, the Compliance Document for Clause B1 Structure of the Building Code has two Verification Methods and three Acceptable Solutions.
Verification Methods and Acceptable Solutions are usually referred to by their Building Code
clauses and unique identification numbers. For example:
The Acceptable Solution for Building Code Clause:
• E2 External Moisture is known as E2/AS1
• G4 Ventilation is known as G4/AS1
• G1 Personal Hygiene is known as G1/AS1.
Acceptable Solutions
An Acceptable Solution (AS) is a set of simple step-by-step instructions that prescribe one
way to comply with the Building Code.
Example: The Building Code tells you which energy efficiency requirements building work
must meet. Acceptable Solutions give you practical instruction on what insulation could be
used to comply with the Building Code.
Verification Methods
Verification Methods (VMs) are tests or calculation methods that prescribe one way to
comply with the Building Code. Verification Methods can include calculation methods,
laboratory tests and onsite tests.
Example: The Building Code sets out structural requirements that all buildings must meet.
Verification Methods provide the calculations that may be used to show a building design
complies with these structural requirements.
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What is the legal status of Compliance Documents?
Under the Act, a design that complies with the Compliance Documents must be accepted
by a BCA as complying with the Building Code.
Alternative solutions
An alternative solution is a building solution that differs partly or wholly from the solutions
offered by the Compliance Documents (Acceptable Solution or Verification Method), but
achieves compliance with the performance requirements of the Building Code to the
satisfaction of the BCA.
Design applicants also need to know how the Building Code and Compliance Documents
work together.
The Building Code and Compliance Documents follow a five-level structure that is in-line
with an international approach to performance-based building regulations.
Building Code
(mandatory)
1. Objective
The social objective the building
must achieve.
2. Functional requirement
What the building must do to
satisfy the social objective.
3. Performance criteria
Qualitative or quantitative criteria
that the building must meet in
order to comply.
4. Verification method
Prescriptive test or calculation
method that provides a means of
compliance.
5. Acceptable solution
Prescriptive step-by-step solution
the provides a means of
compliance.
Compliance Documents
(non-mandatory)
Example: How the Building Code and Compliance Documents work together
1. Objective
G8.1 The objective of this provision is to safeguard people from injury due
to lack of adequate lighting.
2. Functional requirement
G8.2 Spaces within buildings used by people shall be provided with
adequate artificial lighting which, when activated in the absence of
sufficient natural light, will enable safe movement.
3. Performance criteria
G8.3 Illuminance at floor level shall be no less than 20 lux.
4. Verification method G8/VM1
1.0 Illuminance
1.0.1 An acceptable Verification Method for the measurement of
illuminance is contained in NZS 6730 Section 11.
5. Acceptable solution G8/AS1
1.0 Illuminance
1.0.1 To provide a minimum illuminance of 20 lux, the total wattage
required per m2 of floor area is shown in Table 1.
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Other compliance pathways
Several other provisions (refer to diagram on page 8) are deemed to have mandatory
Code compliance:
Product certificates
The Act provides for a voluntary product certification scheme that enables product
manufacturers to have their products certified as meeting nominated performance
requirements of the Building Code.
Building products or methods, used in accordance with a product certificate, must be
accepted as complying with the Building Code.
Energy work certificates
Energy work is defined as gasfitting work or prescribed electrical work. An energy work
certificate certifies that energy work complies with either the Electricity Act 1992 or the
Gas Act 1992.
An energy work certificate must be accepted as establishing compliance under the Building
Code.
New Zealand Standard NZS 4121
The Act specifies that NZS 4121: 2001, the code of practice for design for access and use of
buildings by persons with disabilities (and any modification of that Standard), is to be taken
as a Compliance Document.
Determinations
A determination is a binding decision made by the Department. It provides a way of solving
disputes or questions about Building Code matters and territorial authority, BCA or regional
authority decisions under the Act. Many matters can be determined, for example:
• whether a building or building work complies with the Building Code
• a BCA’s decision on a building consent.
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STANDARDS
Standards are produced by Standards New Zealand, and in other countries by approved
Standards organisations. They cover many subjects, and are developed by independent
committees of volunteers nominated by national bodies with an interest in a particular
subject.
Some Standards are adopted by the Department, and these are listed (or ‘cited’) in the
Department’s Compliance Documents. The Department may cite an entire Standard or
just specific parts of it. It may also cite the Standard subject to certain modifications.
You do not have to follow a Standard when you are doing your work. Cited Standards
provide one way of constructing Code-compliant buildings, but are not the only way.
NZS 3604
During residential work, you are likely to rely heavily on New Zealand Standard NZS 3604:
2011 Timber Framed Buildings (NZS 3604: 2011). The Standard provides ‘suitable methods
and details for the design and construction of timber framed buildings up to 3 storeys high’
that do not require specific engineering design.
NZS 3604: 2011 has been cited by the Department as an Acceptable Solution for structure.
Work that follows NZS 3604: 2011 automatically complies with Building Code requirements
(for some Building Code Clauses such as Structure).
NZS 4229
You may encounter New Zealand Standard NZS 4229: 1999 Concrete Masonry Buildings
(NZS 4229: 1999), which covers concrete and structural masonry buildings not requiring
specific engineering design.
NZS 4229: 1999 has been cited by the Department as being an Acceptable Solution for
structure. Work that follows NZS 4229: 1999 automatically complies with Building Code
requirements.
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NZS 4251, NZS 4210, NZS 4229 and HB 4236 and Trade Standards
External plastering work on residential buildings will often be carried out in accordance with
NZS 3604 and NZS 4251 Solid Plastering, which covers cement plasters for walls, ceilings
and soffits.
Bricklaying and blocklaying masonry work will also rely on NZS 4210 Masonry Construction
Materials and Workmanship, as well as NZS 3604, NZS 4229 and HB 4236 Masonry Veneer
Wall Cladding
Commercial building work Standards
Some Standards are widely referred to in commercial building work. For example:
• NZS 4203: 1992 Code of practice for general structural design and design
loadings for buildings is cited as a Verification Method for structure.
• NZS 3109: 1997 Concrete construction is an example of a Standard that is only
cited in part.
Getting copies of the documents
DOCUMENT
ONLIN E
HARD COPY
The Building Act
www.legislation.govt.nz
search under Acts for Building Act or go to
www.dbh.govt.nz/blc-building-act
Specialist book shops
The Building Code
www.legislation.govt.nz
search under Regulations for Building
Regulations 1992 (the Building Code is a
Schedule to these regulations) or go to
www.dbh.govt.nz/building-regulations
Specialist book shops
Compliance Documents
www.dbh.govt.nz/compliance-docsget-copies
Victoria University Book Centre
www.vicbooks.co.nz/cmzdisplay.php
Standards
www.standards.co.nz
Standards New Zealand
Where can I get more information?
The Department’s website at www.dbh.govt.nz has useful information on the Building Act
and the Building Code.
You can also call the Department on 0800 60 60 50 or email [email protected]
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STOP! BEFORE YOU MOVE ON
Can you demonstrate your knowledge of the purpose of the Building Act and the Building Code?
Site and Design applicants - can you demonstrate your knowledge of Compliance
Documents?
If you are not sure you can demonstrate your knowledge, please read this section again.
You can test yourself using the self-assessment questions at the back of the booklet.
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Section 2
The building consent process
Only Site and Design applicants will be tested on their knowledge of this section.
Overview
Building work must be sufficiently checked to ensure compliance with the Building Code.
This section outlines how compliance is ensured.
Learning objectives
After you have read this section, you should be able to demonstrate your knowledge of the
building consent process.
Introduction
Under the Building Act, all building work must comply with the Building Code, and most
building work requires building consent. It is important for you to understand:
• when the work you are doing requires a building consent
• the provisions relating to building work that require a consent
• how the building consent process works.
BUILDING CONSENTS
What is a building consent?
A building consent is the formal approval to do building work. A building consent must be
obtained before building work starts.
What is building work?
Building work includes work for or in connection with the construction, alteration, demolition
or removal of a building.
Who must apply for building consent?
Although the Act makes owners responsible for applying for a building consent, it is
acceptable, and common practice, for the main contractor, architect or designer to do this on
behalf of the owner.
An owner intending to carry out building work is responsible for applying for the building
consent and arranging for inspections.
What work requires a building consent?
All building work requires a building consent unless it is exempt work.
You can find a free copy of the guidance on exempt work Building work that does not require
a building consent on the Departments website www.dbh.govt.nz
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What if building work that is not exempt is done without building consent?
The Act is clear and unequivocal – a person must not carry out building work except in
accordance with a building consent, unless it is exempt. If building work is done without
building consent, the owner commits an offence under the Building Act, and risks:
• a fine
• being ordered to remove the building or parts of the building
• making it harder to sell the building
• making it harder to get insurance.
Does all building work have to comply with the Building Code?
Even building work that does not require building consent must comply with the Building
Code unless a waiver or modification is granted by the relevant council. Even exempt
work, which does not require consent, must comply with the Building Code.
Even where work is exempt, other laws may apply. For example, there may still be planning
requirements, and you may still need resource consent under the Resource Management Act.
What building work is exempt from consent requirements?
The Act exempts certain work from the requirement for a building consent because it is low
risk, low consequence work or is already covered by other legislation.
The Act sets out five circumstances where a building consent is not required:
• work on certain Crown buildings for reasons of national security
• urgent work, eg, work done to protect lives when it is not practical to obtain prior consent
• certain energy work, gasfitting or electrical work
• building work covered by Schedule 1 Exempt building work, eg, minor repairs
• work carried out by a council as authorised by the Act.
Schedule 1 of the Act contains a significant portion of the exempt building work.
Why is the building consent process so important?
The building consent and inspection processes protect people by checking that:
• buildings are designed and built to the requirements of the Building Code
• buildings are safe for people to use
• there is a public record of building work.
The role of a BCA is to check plans, grant building consents and inspect building work.
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Who can issue building consents and inspect building work?
BCAs are responsible for checking building consent applications, issuing building consents and
undertaking inspections. Most city and district councils are BCAs. (The Department has an
online register of BCAs at www.dbh.govt.nz/bca-register)
Territorial authorities (TAs) can inspect buildings or building work in circumstances relating to:
• certificates of acceptance
• building warrants of fitness and compliance schedules
• dangerous, insanitary and earthquake-prone buildings.
OVERVIEW OF THE BUILDING CONSENT PROC ESS - DESIGN PHASE
Owner contracts designer to design building
The owner may contract the designer to design only, or in some cases handle the
consent process (preparation and submission of the consent application).
Design carried out
DESIGN
PHASE
Prepare building consent application and accompanying plans and specifications
The consent application and accompanying plans and specifications
must be supplied in accordance with the Building Act and regulations.
If the project is large or complex, it is useful for Design LBPs to meet
with the BCA to discuss what will go into the building consent application.
Building consent can be applied for in stages. This is important when you want
completed parts of a building to continue to be occupied while others are built.
Building consent application lodged
The designer may be responsible for lodging the
building consent application on behalf of the owner.
Consent processed
The BCA has 20 working days from the date of application
to grant or refuse the building consent.
This period can be extended if additional information is required.
Building consent granted and issued
The BCA will grant and issue the building consent if the building consent application
sufficiently shows that the design, if constructed, would comply with the Building Code,
and all necessary fees and forms have been supplied.
If not, they will require appropriate remedies to make sure the consent can be issued.
Building work can begin.
Consent lapse
If work is not started within 12 months, the owner (or Design or Site LBP)
must arrange with the BCA to extend the building consent.
Otherwise the building consent will lapse after 12 months.
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What must go into the building consent application?
The main two components of a building consent application are the application form, and the
plans and specifications.
Plans and specifications are the drawings, specifications, and other documents that show
how a building will be constructed, altered, demolished, or removed. Plans and specifications
may also include proposed procedures for inspection during construction, alteration,
demolition, or removal of a building.
The application must include enough information to show how the planned work will comply
with the Building Code.
OVERVIEW OF THE BUILDING CONSENT PROC ESS - CONSTRUCTION PHASE
Pre-construction meeting
If the project is large or complex, it is useful for the designer, project manager
and site supervisor to meet the BCA before construction begins.
CONSTRUCTION
PHASE
Building work begins
Design LBPs may be responsible for observing construction.
Inspections take place
Procedures for inspection during construction should have been organised at the
consent stage. Inspections will take place at strategic points during the construction
to make sure compliance with the consent can be verified.
Building work is complete
Check that copies of the energy work certificates for the project, and other relevant
documents such as producer statements, manufacturers’ warrantees have been
collated and provided to the BCA. Also check that any outstanding fees and
development contributions have been paid.
Owner applies for code compliance certificate (CCC)
Site and Design LBPs may be responsible for applying
for the CCC on behalf of the owner.
The BCA will usually complete its final inspection to ensure compliance with the
consent before issuing the CCC.
CCC issued
When the BCA is satisfied that the building work complies
with the building consent.
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BCAs and showing compliance
The Act states that a BCA must grant a building consent if it is satisfied that the Building
Code provisions would be met if the building work is completed according to the plans and
specifications in the building consent application.
The Act allows BCAs some discretion in deciding what information they require. This
discretion is necessary because:
• every building project is different: the information different from that required for simple
building work
• conditions vary across New Zealand. For example, a BCA in one area may be concerned
about wind or snow loadings, while a BCA in another area may be concerned about
flooding. These differences need to be managed locallly.
Talk to the BCA. Check whether they have any particular requirements.
Building consent must be obtained before building work starts.
The Department publishes a Guide to applying for a building consent – simple residential
buildings. This provides useful advice on preparing plans, specifications and documents for
a simple building consent application.
For complex designs and alternative solutions, the designer may show how their design
meets the Building Code in their building consent application by:
• using an expert, eg, a Chartered Professional Engineer, to design specific design
structural elements
• showing by comparison that a design is similar to a Compliance Document or Standard
• showing by reference to similar existing buildings that the design has a successful ‘history
in use’
• demonstrating that the design has been tested by an independent authority.
All designs must clearly show how those involved in the construction of the building can
meet building consent requirements.
How does this relate to a designer’s work?
Your design documents are the basis of the application for building consent. Whoever
applies for the building consent will use your documents to show how the work will meet the
performance criteria in the Building Code.
You need to be sure that your design documents clearly show how the requirements of the
Building Code will be met.
If your design has to change during construction, an amendment to the building consent
might be required or a minor variation granted.
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It is not good enough to state that the work will comply with the Building Code. The
documents need to show how it will comply.
What if there is a variation to the work?
Building work must always be done according to the building consent. With the exception
of minor variations, if the design is altered or the work changes, an application to amend the
building consent will be required.
A minor variation is a minor modification, addition, or variation to a building consent that
does not deviate significantly from the plans and specifications in the building consent.
For example:
• substituting comparable products (eg, substituting a similar internal lining)
• minor wall bracing changes
• a minor construction change (eg, changing the framing method used around a window)
• changing a room’s layout (eg, changing the position of fixtures in a bathroom or kitchen).
The Act allows for minor variations to building consents without a formal application or
amendment to the building consent. However, a similar process to the consent processing is
required and a BCA that grants a minor variation will need to record this in writing.
It is important to talk to your BCA about variations. Major changes may need to be drawn up by the
architect or designer, and formally submitted to the BCA as an amendment to the building consent.
INSPECTIONS
Building work must be monitored and inspected by the BCA during construction. This
enables the BCA to be satisfied that all the work complies with the building consent, and
then issue a CCC. The owner or their representative must arrange inspections. The
building consent will usually specify when inspections should take place.
Without regular inspections some building items cannot be inspected. For example:
• reinforcing steel cannot be checked after the concrete has been poured
• framing cannot be checked once the interior linings are fixed into place
• the ‘bond coat’ on a stucco wall cannot be checked once all three coats are applied.
Typically, inspections will cover elements like:
• foundations, steel and reinforcing
• framing and insulation
• fire ratings
• plumbing and drainage
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• cladding and flashings, eg,
o checks between stucco coats
o exterior insulated finishing system
o masonry, cleanout, half high brick
• the finished building.
Code Compliance Certificates
A Code Compliance Certificate (CCC) is a formal statement by the BCA that the building
work complies with the building consent.
As soon as building work is complete, the owner must apply for a CCC. The architect,
designer or Site LBP may be given this responsibility on behalf of the owner.
To get a CCC, you need to be able to demonstrate to the BCA that the work conforms with
the plans and specifications authorised under the building consent. Copies of the relevant
energy work certificates need to be supplied to the BCA, and any outstanding fees must
have been paid. Some BCAs ask for certificates or statements from proprietary plaster
system applicators.
Why is a CCC important?
A CCC is especially important when:
• properties are sold. The CCC tells the buyer that the building or renovations were done
in accordance with the building consent
• a house or unit is built to sell it on immediately (eg, by a residential property developer).
The property cannot be sold without a CCC unless the residential property developer and
purchaser enter into a special agreement to allow this.
What if I am unhappy with the decision of a BCA?
Most decisions made by a BCA can be challenged by applying to the Chief Executive of the
Department for a determination.
REL ATED COMPLIANC E PROVISIONS
Other compliance provisions include:
• National Multiple-Use Approvals (MultiProof)
• Project Information Memorandum
• Certificates of acceptance
• Compliance schedules
• Notices to fix
• Building warrants of fitness
• Certificates for public use.
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National Multiple Use Approval (MultiProof)
A MultiProof is a statement by the Department that a specific set of building plans and
specifications complies with the Building Code. Under the Act (as amended in 2009) BCAs
must accept a MultiProof as evidence of Building Code compliance.
MultiProofs aim to deliver greater certainty of BCA consenting where standardised designs
are being replicated several times. They should also lead to faster processing times at the
local level, reduced duplication for volume builders, and lower consenting costs.
A MultiProof is not, and does not replace, a building consent. The holder of a MultiProof
must obtain a building consent each time they wish to construct the design to which the
MultiProof relates
The BCA’s role when a MultiProof is used is to check and inspect site specific features and
conditions, including foundations and utilities to each building (such as water and power).
BCAs will also check that any specific conditions of the MultiProof have been met.
More information on MultiProof is at www.dbh.govt.nz/multiproof-guidence-for-bcas
Project information memorandum
A project information memorandum (PIM) provides information known to the council about
land and about the requirements of the Building Act and other Acts that might be relevant to
proposed building work. A PIM is specific to the site and project. A PIM must, if applicable,
notify requirements to obtain other approvals or consents required by other legislation, such
as the Resource Management Act, before any work starts on the project.
It is not mandatory to obtain a PIM. However, for larger projects it may be beneficial to apply
for a PIM before the building consent to make sure there are no holdups from requirements
under other legislation.
Certificates of acceptance
Certificates of acceptance can be applied for where building work has been carried out
without a building consent (but where one was required), and in limited cases where
urgent work has been carried out or where the owner cannot obtain a CCC. A certificate
of acceptance confirms that, as far as the BCA can ascertain, the work complies with the
Building Code.
Certificates of acceptance are similar to CCCs as they provide some verification for a building
owner, or future building owner, that all or part of the work is compliant with the Building Code.
Certificates of acceptance do not relieve the owner from the obligation to obtain a building
consent before work starts.
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Notices to fix
A notice to fix is a statutory notice requiring a person to remedy a breach of the Act or
Regulations under the Act. A notice to fix can be issued for all breaches of the Act. A notice
to fix can state that all or any building work must cease immediately.
A council must issue a notice to fix for any contravention of the Act and Building Regulations.
Some examples of where a notice to fix could be issued include:
• carrying out building work without building consent
• failure to apply for a certificate of acceptance after carrying out urgent work
• failure to display a building warrant of fitness (when required)
• changing the use of a building without notifying the council.
Compliance schedules
A compliance schedule lists specified systems within a building. Specified systems (eg, lifts,
sprinklers and fire alarms) keep a building safe and healthy for the public to enter, occupy or
work in. The compliance schedule for a building must identify which systems are present,
the performance standards for those systems, and how those systems will be inspected and
maintained to make sure they will continue to function. A compliance schedule is issued
with the CCC.
Building warrants of fitness
A building warrant of fitness (BWOF) is a statement supplied by a building owner, confirming
that the systems specified in the compliance schedule for their building have been
maintained and checked in accordance with the compliance schedule for the previous 12
months, and that they will continue to perform as required.
Certificates for public use
A certificate for public use is a tool that can be used to certify that premises or parts of
premises affected by building work are safe to be used by the public. Certificates for public
use can only be applied for where a consent has been granted for the building work but no
CCC has yet been issued.
Certificates for public use do not relieve the owner of a building from the obligation to apply
for a CCC after all the building work has been carried out.
Example: Building work is being done on one entrance to a hospital. Other entrances are
unaffected by the work. It would not make sense to close the whole hospital because of the
building work. At the same time, patients or visitors should not be exposed to risk from the
building work. Certificates for public use manage this situation.
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If you are responsible for overseeing large building projects, you will come across situations
where the owner wants the building to be open to the public while building work is going on.
As an LBP, you may need to:
• advise the owner that a certificate for public use is needed
• apply for a certificate for public use on behalf of the owner
• plan the timing and phasing of building work to make sure people can use the
building safely.
It is an offence to allow members of the public to use buildings where building
work is under way.
The only way to avoid committing this offence is to get a certificate for public use.
Who should apply for the certificate for public use?
Anyone who owns, occupies, or controls the premises can apply for the certificate. On large
projects the Design or Site LBP is likely to be responsible for managing the consent process.
It makes sense if this person also applies for the certificate for public use.
Where can I get more information?
The Department’s website at www.dbh.govt.nz has useful information on the building
consent process.
Department guidance including, Guide to applying for a building consent and compliance
schedule handbook, is free online at www.dbh.govt.nz/publications-about-the-buildingact-2004 or phone the Department on 0800 60 60 50 for a free copy.
STOP: BEFORE YOU MOVE ON
Can you demonstrate your knowledge of the building consent process?
If you are not sure you can demonstrate your knowledge of this section, please read it again.
You can test yourself using the self-assessment questions at the back of this booklet.
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Section 3
Building-related legislation
Overview
In addition to the Building Act, many other laws regulate how you do your work. This section
discusses other legislation that relates to the building industry. (Acts, statutes and legislation
are laws made by Parliament.)
Learning objectives
After you have read this section, you should be able to demonstrate your knowledge of the
relevance of building-related legislation.
Trade applicants only need to be able to demonstrate knowledge of the Resource
Management and the Health and Safety in Employment Acts.
Introduction
The Building Act is the main piece of legislation about building work but you may encounter
many other laws in your work. This section provides a brief summary of selected buildingrelated legislation and indicates how you may be affected as an LBP.
You must get your own advice on how to comply with legislation in your building practice.
Legislation that you may come across in the course of your work includes:
• Resource Management Act 1991
• Health and Safety in Employment Act 1992
• Fencing of Swimming Pools Act 1987
• Construction Contracts Act 2002
• Historic Places Act 1993
• Local Government Act 2002.
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RESOURC E MANAGEMENT ACT 19 91
Why do we have a Resource Management Act?
The Resource Management Act (RMA) provides for the sustainable management of New
Zealand’s natural and physical resources. The RMA is New Zealand’s main environmental
legislation and aims to promote the sustainable management of natural and physical
resources. It recognises that we need to protect our air, water, soil and ecosystems.
How does the RMA achieve the goal of protecting our resources?
The RMA establishes a framework within which the environmental effects of our activities,
including building, can be identified and properly managed.
How does all this relate to building work?
All building work has an effect on the environment. Resource users (such as landowners)
are responsible for avoiding, remedying or mitigating the environmental effects of their
activities. This principle is central to the resource consent process.
For some building work a resource consent is required. Resource consents are permission
to use or develop a natural or physical resource and/or carry out an activity that affects the
environment. They are obtained from territorial or regional authorities.
Example: District plans often set height limits for buildings. A proposed building that is taller
than the permitted height limit would require both resource consent and building consent
approval.
How do I know when resource consent is required for building work?
District plans set out the planning rules or permitted activities in each council area:
• If the district plan says that work is a permitted activity, then resource consent is not
needed
• If the district plan says that a resource consent is required for particular building work,
then resource consent is required
• If the district plan does not identify the work as being permitted, resource consent may
be required.
Building work cannot start until the resource consent has been granted.
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Territorial and regional authorities can sometimes each require resource consent for different
aspects of the same building project.
The council formally notifies the building consent applicant if the proposed building work also
requires resource consent. This notice is attached to the project information memorandum
(PIM). The applicant must then apply for resource consent before starting building work.
Remember to find out whether resource consent is needed early in the process.
Talk to your council. They will have a planning team that can advise on these matters.
They may produce handouts and guidance documents.
The council formally notifies the building consent applicant if the proposed building
work also requires resource consent either attached to a PIM or a building consent.
Building work can only proceed after resource consent is obtained.
How does this relate to my work?
In most cases, the designer will address any resource consent issues before a site person is
brought into the project. The designer will normally cover these issues as part of the design
process.
Conditions may be imposed on the resource consent. Site LBPs need to be aware of any
such conditions and, where they have implications, to incorporate them into project planning
and advise the owner accordingly.
An issue that often arises onsite is managing run-off and hazardous wastes from building
sites that could pollute waterways.
Site LBPs may need to prevent or minimise sediment generation and silt run-off. For
example, you may need to make sure that the cleanup of tools and equipment and the
disposal of left over concrete after a concrete pour is done carefully so that run-off does
not pollute the local storm-water system.
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HEALTH AND SAFET Y IN EMPLOYMENT ACT 19 92
Why do we have a Health and Safety in Employment Act?
This Act promotes prevention of harm to people at work and people in the vicinity of a work place.
The Department of Labour publishes industry-specific guidelines.
What are employers’ responsibilities?
Employer responsibilities under the Act include:
• providing and maintaining a safe working environment
• providing and maintaining facilities for the safety and health of employees at work
• ensuring that plant machinery and equipment in the place of work is designed, made, set
up, and maintained to be safe for employees
• ensuring that systems of work do not lead to employees being exposed to hazards in or
around their place of work
• developing procedures for dealing with emergencies that may arise while employees are
at work.
What are employees’ responsibilities?
Employees also have a role to play in making sure the workplace is safe. They must
cooperate in good faith with the employer and give input on a safe work environment.
Employees must take all practical steps to make sure:
• they are safe
• no action or inaction by them while at work causes harm to any other person.
How does this relate to my work?
The Accident Compensation Corporation (ACC) ranks the construction industry among the
most hazardous sectors for deaths and accidents. Whether you are a manager or a worker,
and whatever work you do, you have responsibilities under this Act. Every site is potentially
dangerous and every site is covered by the Health and Safety in Employment Act and
relevant guidelines.
If you are responsible for the overall management of the site, you need to be sure that
everyone is doing their bit to ensure a safe, healthy site.
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Notifiable work
Special precautions must be taken for notifiable work. Notifiable work is especially risky
work, for example, construction work where a person might fall more than 5 metres. An
employer must notify the Occupational Safety and Health Service (OSH) when notifiable
work is undertaken.
The Health and Safety in Employment Regulations 1995 identify what work
is notifiable. Contact the Department of Labour for more information.
FENCING OF SWIMMING POOLS ACT 1987
Why do we have a Fencing of Swimming Pools Act?
This Act aims to promote the safety of children by requiring that certain swimming pools are fenced.
It places an obligation on territorial authorities to make sure pool owners comply with the
Act, when the pool is built, and also by occasional inspections of pools to ensure ongoing
compliance.
How is ‘pool’ defined?
The Act defines a pool as ‘an excavation, structure, or product that is used or is capable of
being used for the purpose of swimming, wading, paddling, or bathing; and includes any
such excavation, structure, or product, that is a spa pool’.
The Fencing of Swimming Pools Act allows councils in some situations to exempt a pool
from being fenced. The Act also specifically exempts some types of pools, for example, an
excavation, structure, or product, where the maximum depth of water does not exceed 400 mm.
Does the Building Act also apply to fencing of pools?
The Building Act also regulates the construction of new pools and alteration of existing pools.
The Building Code (Clause F4 – Safety from falling) has an objective of safeguarding people
from injury caused by falling. This includes restricting access of children under six to
swimming pool areas.
How does the Fencing of Swimming Pools Act apply to my work?
An LBP who is designing or building a house with a swimming pool needs to understand that
very specific rules apply to fencing the pool.
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CONTR ACTS
Overview
Legislation regulates the building industry but parties involved in the design and construction
process are generally free to regulate their relationships through contracts.
This section outlines the types of contracts commonly used in the building construction
industry.
Learning objectives
If you are a Design applicant, after you have read this section, you should be able to
demonstrate your knowledge of relevant contracts.
What is a contract?
A contract is a legally binding agreement between two or more parties.
The law requires very few types of contract to be in writing, but it is advisable for
commercial agreements to be written down. You should always take independent legal
advice before entering into an important contract.
Normally, people in business are free to negotiate the terms of their contracts. However,
where one of the parties is a consumer, the Consumer Guarantees Act 1993 may override
some of the terms the parties may have negotiated. For example, guarantees as to the
quality of work done are covered by this Act, whatever the parties have agreed.
What is a standard form contract?
Under a standard form contract, the parties use a pre-printed agreement, rather than
negotiate their own terms. There is no legal obligation to use a standard form contract but
it may be cheaper and convenient to do so.
Standards New Zealand sells various standard form building contracts. For example,
NZS 3902: 2004 ‘Housing, alterations and small buildings contract’ aims to be a fair and
easily understood contract for owners making their own building arrangements.
Industry associations may produce standard form contracts for their members and may offer
guidance and advice on contractual matters. The Registered Master Builders Federation,
the New Zealand Institute of Architects and the Institution of Professional Engineers New
Zealand produce standard form contracts for their members.
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What are terms of engagement?
When they want a particular job done, a client enters into a contract for services with an LBP.
(This is different from a contract of service which establishes an employment relationship.)
The terms governing the relationship between client and LBP under a contract for services
are known as the ‘terms of engagement’. The parties are generally free to decide on the
terms of engagement, although a large consulting firm will normally require its own standard
form terms to be used.
The terms of engagement will normally cover matters such as:
•
•
•
•
•
how much and when fees will be paid
exactly what work is to be done
who takes responsibility for which risks
how the parties will communicate with each other
how the contract can be terminated.
Construction contracts
A construction contract includes any work to be done in constructing or erecting or altering a
building. (A contract to design a building is not a construction contract.)
Construction contracts are often in a standard form in-line with the Construction Contracts
Act 2002.
CONSTRUCTION CONTR ACTS ACT 20 02
Why do we have a Construction Contracts Act?
The purpose of this Act is to ensure fair and equitable procedures for payment for
construction work by:
• facilitating regular and timely payment for construction work
• providing for speedy resolution of disputes arising under construction contracts
• providing remedies for the recovery of payments.
This Act protects contractors and subcontractors against unfair payment terms and payment
practices. It provides remedies for recovering money, and a quick, easy method for resolving
payment disputes.
How do I know whether the Construction Contracts Act applies to my work?
Your project will be covered by this Act if it falls under the definition of ‘construction work’ in
the Act. This definition includes constructing, and any work done on buildings and
structures.
The Act does not apply to:
• supply of building materials
• work by consultants, eg, design or project management
• work done by an employee for their employer.
This Act is particularly relevant if you provide contract administration services.
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HISTORIC PL AC ES ACT 19 93
What is the purpose of the Historic Places Act?
This Act’s purpose is to promote the identification, protection, preservation and conservation
of the historical and cultural heritage of New Zealand.
This Act creates the Historic Places Trust, which is responsible for identifying and protecting
historic places, fostering public interest, and providing information and assistance on historic
places.
How does the Historic Places Act relate to my design work?
The Building Act requires that the PIM or building consent must include a statement that
the Historic Places Trust has been notified of building work that could impact on an historic
place.
The Historic Places Trust can make recommendations to the relevant territorial or regional
authority about conserving and protecting a site. The Historic Places Act requires that
the territorial or regional authority pay ‘particular regard’ to the Historic Places Trust’s
recommendations.
Also, the Historic Places Trust may require a territorial authority to issue a heritage order
under the Resource Management Act to protect an historic or sacred place and this may
affect project design.
LOCAL GOVERN MENT ACT 20 02
What is the purpose of the Local Government Act?
One of the purposes of the Local Government Act is to establish the power of councils to
make laws in their districts. Local laws are called bylaws and may cover matters outside the
scope of the Building Act or the Resource Management Act. For example, councils make
bylaws about minor earthworks, driveways and kerb crossings.
Bylaws vary from council to council, so always check if there are any particular bylaws you
need to be aware of.
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Where can I get more information?
For free copies of the Acts see www.legislation.govt.nz
ACT
Resource Management Act
RESOURC E
Guidance information and advice
on RMA issues
CONTACT
Ministry for the Environment www.
mfe.govt.nz
Local councils
Health and Safety in
Employment Act
Guides, eg, Introduction to the
Health and Safety in Employment
Act, and
A Guide to the Health and Safety in
Employment Act
Department of Labour
www.dol.govt.nz
Fencing of Swimming Pools
Act
Pamphlets and guidance
documents
Local council or
www.consumerbuild.org.nz
Construction Contracts Act
Printable online information
www.consumerbuild.org.nz
Historic Places Act
Guidelines and brochures
www.historic.org.nz/Publications.aspx
Local Government Act
Bylaws
Local councils
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STOP: BEFORE YOU MOVE ON
Can you demonstrate your knowledge of the relevance of building-related legislation?
If you are a Design applicant, can you demonstrate your knowledge of relevant contracts?
If you are not sure you can demonstrate this, read the section again.
You can test yourself using the self-assessment questions at the back of this booklet.
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Section 4
Roles and responsibilities
Overview
Even on the simplest building project, you will interact with other parties, each with their
own roles and responsibilities.
The success or failure of a project often depends on how well people understand their roles,
and how they cooperate with each other in achieving them. Everyone should understand
their own roles and responsibilities, plus those of their colleagues.
This section outlines the roles and responsibilities of key parties involved in the design and
building process.
Learning objectives
When you have read through this section, you should be able to demonstrate your
knowledge of the roles and responsibilities of parties involved in the design and building
process.
What is the role of an LBP?
The role of an LBP will depend on their licence class.
An LBP must work within their own competency. That means only undertaking work they
are competent to do. For example, under the Carpentry licence, a carpenter can work on any
category of building. However, a Carpentry LBP should not work on a category 3 building as
a Carpenter unless they have sufficient skills and knowledge to do this, or have a way of
making sure they have the sufficient skills and knowledge.
See page 41 for more information on working within your current competency.
The flowchart on page 36 sets out the roles, responsibilities and interactions of LBPs in the
design and building process.
What are the roles and responsibilities of Design LBPs in the design and building process?
The primary role of a Design LBP is to develop building designs and produce construction
drawings and documentation. A Design LBP may have other roles in the design and building
process including:
• contract observation and administration
• liaising with technical experts and consultants on particular design issues, such as active fire systems
• liaising with councils on building consent and resource management matters.
Who are Design LBPs accountable to?
Registered Architects (treated as licensed in Design) and Chartered professional Engineers
(treated as licensed in Design and Site).
All other Design LBPs are accountable to the Building Practitioners Board.
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DESIGN
PHASE
Owner
CONSENT
PHASE
Owner
(or their
representative)
Design LBP
Manages design
process
CONSTRUCTION
PHASE
Registered trades
(eg, electricians,
gasfitters, plumbers
drainlayers)
Design LBP
May provide contract
administration and
construction
observation
Consultants
May provide
amended drawings
or inspections
Consultants
eg, structural engineers
BCA
Issues building
consent
Owner
May provide variations
or amended drawings
Contributing designers
Site LBP
Coordinates and
oversees construction
Site 2
Technical coordination
and oversight on
moderately complex
building projects
Site 3
Manages construction
of large or highly
complex building
projects
LBPs
(eg, carpenters, roofers,
external plasterers,
bricklayers and
blocklayers)
Non-registered trades
(eg, stoppers, tilers,
painters, tankers/
waterproofers)
COMPLETION
PHASE
BCA
Inspections
at key stages
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Owner
BCA
Issues code
compliance certificate
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What are the roles and responsibilities of Site LBPs in the building process?
The primary role of a Site LBP is to coordinate and oversee the construction process. There
are three Site areas of practice:
• Site 1 LBPs act as site supervisors and are responsible for coordinating and overseeing
the construction of single household residential buildings
• Site 2 LBPs act as site supervisors and are responsible for coordinating and overseeing
the construction of moderately complex residential or commercial buildings
• Site 3 LBPs manage the construction of large/highly complex buildings.
In a small business, the Site LBP may be the business owner or ‘builder’. In a larger
company, the Site LBP might be an employee, acting as a supervisor or construction
manager.
Site LBPs are accountable to the Building Practitioners Board.
What are the roles and responsibilities of Trade LBPs in the building process?
Trade LBPs are responsible for carrying out building work within the scope of their area
of competence, for example, roofing or carpentry.
Trade LBPs are accountable to the Building Practitioners Board. Electricians, gasfitters,
plumbers and drainlayers are accountable to their own respective Boards.
What are the roles and responsibilities of consultants (Consulting Engineers and
other specialist contractors)
Depending on the work, consultants with specialist skills may be needed, for example,
fire engineers. Consultants are responsible to their clients and to any relevant professional
Boards, eg, the Chartered Professional Engineers Board or the Building Practitioners Board.
What are the roles and responsibilities of registered trades?
Some building-related work is regulated by registration schemes. These schemes require
people doing prescribed work to be licensed and fulfil certain requirements, regardless of
any contractual commitments. For example:
Electricians: Electrical work must be done by a registered electrician, who must comply
with all regulations relating to electrical work, and must issue an ‘Electrical Certificate of
Compliance’ to certify that work. Electricians are accountable to the Electrical Workers
Registration Board, in addition to their contractual obligations to the owner.
Gasfitters, plumbers and drainlayers: Gasfitting must be done by a registered gasfitter,
who must comply with all regulations relating to gas work, and must issue a ‘Gas Certificate
of Compliance’ to certify that work. Plumbing and drainlaying work must be done by a
registered person, who must comply with the regulations relating to that work. Gasfitters,
plumbers and drainlayers are accountable to the Plumbers, Gasfitters and Drainlayers Board,
in addition to their contractual obligations to the owner.
Generally, gas and electrical work is not inspected by a BCA. The work must be done by a
licensed professional, who must issue a signed energy work certificate after completing the
work. Energy work certificates are required to get a CCC.
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What are the roles and responsibilities of non-registered trades?
Some people working on a construction project are not subject to any licensing or
registration schemes. These people are only required to do what their contract specifies.
Trades not currently registered through the LBP Scheme or other registration
schemes include:
• painters
• tilers
• plasterboard stoppers.
What are the roles and responsibilities of BCAs?
All BCAs process building consent applications and undertake building inspections. BCAs
check that building work meets the requirements of the Act and the Building Code.
Functions performed by BCAs include:
• considering building consent applications and deciding whether an application shows how
the work will comply with the Building Code
• inspecting building work at key stages during the construction process
• certifying that the work complies with the building consent by issuing the CCC.
What roles and responsibilities does the owner have?
On some projects, the owner is very involved in the process of construction and may be
responsible for purchasing materials or even doing some of the work. On larger buildings,
the owner will most likely hand over responsibility for the entire construction process to an
individual or a team.
The owner will generally have contracts with those doing design and building work.
The Building Act makes the building owner responsible for various matters including making
sure that:
• a building consent is obtained before work is started. If the owner appoints someone to
do this on their behalf, they should check it has been done.
• a CCC has been applied for and issued by the BCA at the end of the construction process.
If the owner appoints someone to do this on their behalf, they should check it has been done.
STOP: BEFORE YOU MOVE ON
Can you demonstrate your knowledge of the roles and responsibilities of parties involved
in the design and building process?
If you are not sure you can demonstrate this, please read the section again.
You can test yourself using the self-assessment questions at the back of this booklet.
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Section 5
The Licensed Building Practitioner Scheme
The Licensed Building Practitioner (LBP) Scheme was introduced by the Act.
This section discusses the key features of the LBP Scheme.
Learning objectives
When you have read through this section, you should be able to demonstrate your
knowledge of:
• the key features of the LBP Scheme
• the importance of working within the scope of your competence, and being able to
recognise when other expertise is needed.
Introduction
The LBP Scheme was launched in November 2007. It was introduced to lift practitioner
performance and make practitioners more accountable for their work.
The LBP Scheme works under the Act framework to help make sure that:
• homes are built right first time
• consumers have access to the information they need to make informed decisions about
the competency of building practitioners.
While the LBP Scheme is currently voluntary, the Government has decided that from March
2012 some building practitioners will need to be licensed to undertake restricted building
work (discussed on page 41).
How does the LBP Scheme achieve its goals?
The LBP Scheme aims to achieve its goals by:
• introducing licence classes
• setting minimum standards for each licence class
• identifying LBPs through a public register and licence cards
• supporting the restricted building work scheme
• making LBPs accountable to a Building Practitioners Board
• encouraging LBPs to work within their own competency.
Who manages the LBP Scheme?
Three parties manage the LBP Scheme, each with different roles. They are:
• the Building Practitioners Board
• the Registrar of Licensed Building Practitioners
• the Department of Building and Housing.
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What are the roles of the Building Practitioners Board?
The Board is an independent body. Its main roles are to:
• approve the LBP Scheme rules for the Minister of Building and Construction’s
consideration and approval
• deal with complaints about LBPs, and, if necessary, discipline LBPs
• hear appeals against decisions of the Registrar. For example, if the Registrar decides to
decline an application or decides that someone should not remain licensed, that person
can appeal to the Board.
What are the roles of the Registrar?
The Registrar’s main roles are to:
• make decisions about whether an applicant meets the requirements to be licensed
• keep a publicly available register of LBPs
• make decisions about whether an LBP continues to meet the requirements to be licensed
and should remain licensed
• support the Board when it investigates complaints
• decide what the skills maintenance requirements of each licence class should be. Skills
maintenance is the programme that makes sure LBPs can keep their skills up to date.
What are the roles of the Department of Building and Housing?
The Department’s main roles are to:
• appoint the Registrar
• prepare draft rules for the LBP Scheme for the Board and Minister to approve
• administer the LBP Scheme on behalf of the Minister and the Government.
What are the licence classes?
There are currently seven licence classes:
•
•
•
•
•
•
•
Design (Design 1, 2 and 3 areas of practice)
Site (Site 1, 2 and 3 areas of practice)
Carpentry
External plastering
Bricklaying and blocklaying
Roofing
Foundations.
The number and nature of licence classes can change from time-to-time.
The most up-to-date information is on the Department’s website at www.dbh.govt.nz
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What are the minimum standards for licensing?
Standards for each licence class set out minimum requirements, such as knowledge,
experience or skill that you need to be an LBP. The standards are set out in the Licensed
Building Practitioner Rules 2007 as minimum competencies. These Rules are available on
the Department’s website at www.dbh.govt.nz/lbp-rules
These standards are used to assess whether applicants should be licensed or should remain licensed.
If an LBP does not keep their skills and knowledge up-to-date to continue to meet applicable
standards for licensing, the Registrar must suspend their licence.
How are LBPs identified?
The LBP Scheme provides a register for people to find LBPs or confirm the person they have engaged
for particular work is an LBP with an appropriate licence class. See www.dbh.govt.nz/lbp-register
The Registrar issues an LBP with a licence card with photo ID.
Restricted building work
The LBP Scheme is voluntary. Being licensed is a personal and business choice for people
with the skills and experience to meet the relevant licence class standards.
However, the Government has decided that from 1 March 2012, a person must be an LBP to
do restricted building work. Restricted building work will be set out in future regulations. It
will cover work that is critical to the integrity of a building, for example, its envelope and structure.
WORKING WITHIN YOUR CURRENT COMPETENCY
What does it mean to work within your current competency?
Working within your current competency means only undertaking work you are competent to
do. For example, under the Carpentry licence, a carpenter can work on any category 1, 2 or
3 building. However, an LBP with a Carpentry licence should not work on a category 3
building as a Carpenter unless they have sufficient skills and knowledge to do this, or have a
way of making sure they have sufficient skills and knowledge (eg, if someone mentors or
supervises them until they have sufficient experience). See ‘Is licensing for me?’ for
details about areas of practice and building categories.
How do I know what I can do under my licence class?
The Licensed Building Practitioners Rules 2007 set out the scope of each licence class.
For example, a Design licence in area of practice 1 applies to Category 1 buildings.
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Why is it important for an LBP to work within their competency?
If an LBP takes on a job outside their current competency, things could go wrong and could
impact on the client. If work is carried out negligently or incompetently, and someone lays a
complaint, the Building Practitioners Board could take action against an LBP.
To remove the risk of working negligently or incompetently, it is important for an LBP to
work within their competency, for example, by only doing work they know how to do well.
Can an LBP ever try anything new?
You need to be realistic about your own strengths and weaknesses. This does not mean
that you can never try anything new. You can try your hand at something new, as long as
you have a strategy in place to deal with it, for example, by being supervised or mentored by
someone with the relevant experience.
Example one: Jim is a Design LBP. He usually designs detached timber framed houses.
A client asks him to design two units side-by-side (semi-detached). Jim has done some
work like this when he worked as a graduate designer in another design practice, but he is
uncertain about designing the fire and sound rating between the units. Jim’s strategy for
dealing with this is to consult a fire engineer for some advice, and have the engineer review
his work before he submits it.
Example two: Lee is a Site LBP. Lee’s client asks her to build a new house. She has built
several new houses in the past, but this one needs tilt slab panels. She knows something
about the technique, having studied it at the Polytechnic, but this will be the first time she
has actually done the work. John, a fellow member of her local trade association, has many
years of experience with tilt slab panels. Lee asks John for advice, and he agrees to come
by and check on her work.
How can an LBP approach new situations?
Every situation will be different. Here are some examples of how to approach something new.
Before you agree to do the work, find out as much as you can about the work before
agreeing to take it on. Sometimes it is best not to undertake a job if you do not know how to
do it.
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Before you do the work - research: the more you can find out about the work before you
start, the better. For example:
•
•
•
•
•
talk to the architect/designer/engineer
research the product/system on the internet
get advice from a supplier’s technical representative
speak to your colleagues
check guidance material, eg, the Department’s website.
Before you do the work - train: explore what training is available.
Supervision and oversight: you may need to get help if you are asked to take on a new
task and you do not know or understand something. For example:
•
advice from an experienced person
•
working with an experienced person and learning what to do
•
getting an experienced person to supervise your work.
If you take on a new task without knowing how to do it and things go wrong, the Building
Practitioners Board is unlikely to be sympathetic if you simply ‘had a go’.
How do I know what areas I can work in?
Once you have worked in a field for sufficient time, you will have a feel for your strengths
and weaknesses. If you are unsure, you can get guidance from:
• Your licence class standard: each licence class has a standard under the LBP Scheme
rules. The standards have competencies and performance indicators (developed by
industry representatives), which describe what an LBP should know and what they
should be able to do. See www.dbh.govt.nz/lpb
• Your employer/manager/building owner: listen carefully to the person employing/
contracting you and understand their expectations before you agree to do the work.
Have a clear idea of what is expected of you and whether you have the required skills.
• Plans and specifications: what do the project plans and specifications say? Has the
designer set any special requirements?
• Other members of the construction team: talk to your colleagues. They may have
done the work that you are considering, and be able to tell you precisely what it involves.
• Trade and professional groups: see www.consumerbuild.org.nz/publish/tools/
resources-trade.php
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How are LBPs accountable?
The LBP Scheme makes LBPs accountable to the Board.
Anyone (eg, a client or a BCA) can make a complaint against an LBP to the Board, and the
Board must investigate the complaint.
When can the Board take disciplinary action against an LBP?
The Board can take action against an LBP who has:
•
•
•
•
•
•
been convicted of a serious offence that reflects on their fitness to be an LBP
done work negligently or incompetently
done work beyond their licence class
held themselves out to be licensed in an area they are not
not provided the memorandums necessary for restricted building work
got their licence dishonestly.
What can the Board do if a complaint is justified?
If the Board finds a complaint justified, it can:
•
•
•
•
•
•
cancel an LBP’s licence
suspend an LBP’s licence for up to 12 months
restrict the type of work that an LBP can do or supervise
order that an LBP be formally reprimanded
order an LBP to do training
fine an LBP up to $10,000.
Where can I get more information?
Visit the Department’s website for the Licensed Building Practitioner Rules 2007 and
other useful information at www.dbh.govt.nz/LBP
The Department produces an electronic newsletter, Licensing Update, and other
publications. You can also get information by calling the Depaertment’s Contact Centre
at 0800 60 60 50 between 8 am and 5 pm Monday to Friday.
STOP: BEFORE YOU MOVE ON
Can you demonstrate your knowledge of:
• the key features of the Licensed Building Practitioner Scheme
• the importance of working within the scope of your competence, and being able to
recognise when other expertise is needed?
If you are not sure you can demonstrate this, please read this section again.
You can test yourself using the self-assessment questions at the back of this booklet.
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Self-assessment questions
Section 1
Answer all questions unless they are specifically marked for another licence class.
BUILDING CONTROL FR AMEWORK
1.
Which statement best describes the purpose of the Building Act and how it relates to the construction process?
a) Allow for continuing building innovation
b) Set out the mandatory performance criteria for building work
c) Ensure people can use buildings safely
d) Enable the use of most cost-efficient materials
2.
Which statement best describes the purpose of the Building Code?
a) Collect New Zealand building practices in one document
b) Step by step rules for designing and constructing buildings
c) Establish a complaints procedure for faulty building work
d) Set out the mandatory performance criteria for building work
3.
Which statement best describes the relationship between the Building Code and the design process?
a) The Building Code allows flexibility in the design process
b) Buildings must comply with the design rules of the Building Code
c) Buildings do not have to meet the performance criteria of the Building Code
d) The Building Code is irrelevant to the design and construction process
4.
Where would you find the functional requirements for a building in relation to the outbreak of fire?
a) Building Act
b) Building Code
c) Council bylaws
d) Fire Service Act
5.
Which of the following statements best describes an ‘alternative solution’?
a) A provision of the Australian building legislation
b) Differs from Compliance Documents but achieves Building Code compliance
c) A design that must be accepted by a BCA
d) A plain language summary of a Verification Method
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Self-assessment questions
Section 1
BUILDING CONTROL FR AMEWORK
6.
Which document provides information on Standards for designing and constructing timber framed buildings up to 3 storeys high?
a) NZS 4121
b) NZS 4251
c) NZS 4203
d) NZS 3604
7.
How would you access the Building Code online?
a) The Standards New Zealand website
b) The Acts section of the New Zealand Legislation website
c) The Regulations section of the New Zealand Legislation website
d) The website of Victoria University Book Centre
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Self-assessment questions
Section 2
THE BUILDING CONSENT PROC ESS
8.
Who must make sure an application for building consent is made?
a) Consulting engineer
b) Design LBP
c) Site LBP
d) Owner
9.
Which statement best describes a code compliance certificate?
a) A formal statement by the owner that the building work complies with the agreed design
b) A formal statement by the BCA that the building work complies with resource consent
c) A formal statement by the BCA that the building work complies with the building consent
d) Industry guidelines on complying with the Building Code
10. How could an owner solve a dispute with a BCA about a code compliance certificate?
a) Request a determination from the Department of Building and Housing
b) As a code compliance certificate is voluntary, a dispute cannot arise
c) Request a resource consent under the Resource Management Act instead of a code compliance certificate
d) Make a complaint to the Licensed Building Practitioners Board
11. When would you apply for a certificate for public use?
a) You are managing construction of a private dwelling
b) A large apartment block is being demolished
c) A code compliance certificate has been issued for the work
d) Building work on the side entrance to a public library which must stay open
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Self-assessment questions
Section 3
BUILDING REL ATED LEGISL ATION
(NOT APPLICABLE TO CARPENTRY APPLICANTS)
12. When must you apply for resource consent?
a) The construction project involves a Category 3 building
b) The district plan requires resource consent for your type of project
c) The construction project is within 10 km of a national park
d) Resource consent is not needed if you comply with the Building Code
13. Who would normally be a consent authority under the Resource Management Act?
a) The Environment Court
b) A territorial authority
c) The Licensed Building Practitioners Board
d) The Department of Building and Housing
14. Which statement best describes the relevance of the Historical Places Act for designers?
a) A heritage order has no relevance to the design process
b) Designers must obtain a heritage order before starting work
c) A heritage order may affect project design
d) Designs cannot be drawn up if a heritage order has been issued
15. Which of the following areas will council bylaws most likely cover?
a) Minor earth works
b) National building standards
c) Health and safety standards for building sites
d) Rules for building state highways
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Self-assessment questions
Section 3
BUILDING- REL ATED LEGISL ATION
(NOT APPLICABLE TO CARPENTRY APPLICANTS)
16. Which statement best describes the relevance of the Health and Safety in Employment Act to the construction process?
a) The Act prescribes how building work must be carried out
b) The Act is a concern for employers and site managers only
c ) The Act promotes the prevention of injuries in the workplace
d) Construction is low risk and so the Act is not relevant
17. Which statement best describes the relevance of the Resource Management Act to building work?
a) The Act prescribes how building work must be carried out
b) The Act makes sure resource consent is obtained for all building work
c) The Act limits the amount of national building work
d) The Act manages the environmental effects of building work
18. Which statement best describes a standard form contract?
a) A voluntary code of conduct for the construction industry
b) A legally binding agreement drawn up to meet unique requirements
c) A legally binding agreement with pre-printed terms
d) Negotiations between clients and specialist LBPs
19. Which statement best describes a construction contract?
a) A voluntary code of conduct for the construction industry
b) A legally binding agreement to carry out construction work
c) A tender by an LBP for construction work
d) A letter of engagement to do design work
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Self-assessment questions
Section 4
ROLES AND RESPONSIBILITIES
20. Whose main role is to develop building designs and produce construction drawings and documentation?
a) Design LBP
b) Site LBP
c) Owner
d) Consulting engineer
21. Who coordinates and oversees the construction process?
a) BCA
b) Design LBP
c) Consulting engineer
d) Site LBP
22. Who certifies that building work complies with the building consent?
a) Site LBP
b) BCA
c) Owner
d) Design LBP
23. Who is responsible for ensuring a code compliance certificate is applied for?
a) BCA
b) Consulting engineer
c) Owner
d) Site LBP
24. Who would normally provide advice on fire evacuation systems for a large project?
a) Roof tile manufacturer
b) Specialist consultant
c) Department of Building and Housing
d) Site LBP
25. Who is responsible for managing the construction of a complex building?
a) BCA
b) Owner
c) Specialist consultant
d) Site LBP
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Self-assessment questions
Section 5
THE LICENSED BUILDING PR ACTITION ER SCHEME
26. Which one of the following trades is an LBP licence class?
a) External plastering
b) Tiling
c) Painting
d) Plasterboard stopping
27. Which one of the following trades is accountable to the Building Practitioners Board?
a) Drainlaying
b) Electrical work
c) Blocklaying
d) Painting
28. Which one of the following acts is a ground for disciplinary action by the Building Practitioners Board?
a) An LBP obtains their licence fraudulently
b) An LBP is made bankrupt
c) An LBP is fined for speeding to a job
d) An LBP works in Australia for a year
29. Which one of the following steps may the Building Practitioners Board take if a complaint is justified?
a) Cancel any contract between the LBP and a client
b) Order an LBP to do community service
c) Order an LBP to fix up their work
d) Cancel an LBP’s licence
30. Which statement best describes operating within the scope of your competence?
a) I should never try anything new
b) My licence lets me take on any work
c) I only do work I know how to do well
d) The Board will punish me if I make a mistake
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Self-assessment answers
SECTION 1
BUILDING CONTROL FR AMEWORK
1 c (p4), 2 d (p5), 3 a (p7), 4 b (p6), 5 b (p10), 6 d (p12), 7 c (p13).
SECTION 2
THE BUILDING CONSENT PROCESS
8 d (p15), 9 c (p21), 10 a (p21), 11 d (p24).
SECTION 3
BUILDING- REL ATED LEGISL ATION
12 b (p26), 13 b (p26), 14 c (p32); 15 a (p32), 16 c (p28), 17 d (p26), 18 c (p30), 19 b (p31).
SECTION 4
ROLES AND REPSONSIBILITIES
20 a (p35), 21 d (p37), 22 b (p38), 23 c (p38), 24 b (p37), 25 d (p37).
SECTION 5
THE LICENSED BUILDING PR ACTITION ER SCHEME
26 a (p40), 27 c (p40), 28 a (p44), 29 d (p44), 30 c (p43).
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ISBN: 978-0-478-34329-8 (print)
ISBN: 978-0-478-34330-4 (website)
Reprinted in July 2011 by
Department of Building and Housing
PO Box 10-729
Wellington
New Zealand
This document is also available
on the Department’s website at
www.dbh.govt.nz
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