Know your responsibilities

LBP or not, anyone carrying out building work carries the same responsibilities as a builder

Under the Building Act 2004, people who take part in building work have certain responsibilities. Some of these are highlighted under sections 14A–14F of the Act to ensure that, if you take part in building work, you are responsible for your part of the project.

There are sections for different parties – from owners, designers, builders, through to building consent authorities. This article takes a brief look at builders’ responsibilities.

Who is a builder?

Section 14E applies to builders. It states that a builder includes anyone carrying out building work, regardless of whether or not they are in trade. The following could all be considered builders for this purpose, because they are all doing building work:

• An owner-builder doing Restricted Building Work (RBW) under an owner-builder exemption they received from the council.
• An external plasterer’s apprentice.
• A fully fledged Licensed Building Practitioner (LBP) carpenter.

Builders’ responsibilities

A builder has two responsibilities under section 14E:

(a) To ensure that the building work complies with the building consent and any consented plans and specifications.
(b) To ensure that any building work not covered by a building consent still complies with the building code.

This means that if you’re doing building work, you need to make sure that it complies with any consent requirements such as inspections, natural hazards or resource management conditions. You need to follow the consented plans and specifi cations, and have them amended or varied if you need to deviate from them.

As always, if you’re undertaking exempt building work, it needs to comply with the Building Code. This is made clear in section 17 of the Act, which states that “all building work must comply with the Building Code”.

Even though the owner (or someone they contract to act as their agent) is responsible for obtaining a building consent before starting building work (covered in section 14B for owners), LBPs can be disciplined for carrying out work where a building consent was required but not obtained.

LBP responsibilities 

An LBP has additional responsibilities when they are a builder under the Act. An LBP is also required to ensure:
(a) That any RBW is carried out or supervised as required by the Act.
(b) They are licensed to carry out or supervise the RBW they are undertaking.

Section 14E clearly states builder’s responsibilities in one place. In addition, for LBPs, the grounds for discipline are set out in section 317, and other sections of the Act also state that you need to be licensed to carry out or supervise RBW.

If you, as an LBP, don’t follow the responsibilities set out in section 14E or the other requirements of the Act, you could be disciplined by the Building Practitioners Board or you could even be committing an offence that could lead to prosecution.

You can read more about exempt building work in Codewords issues 78, 79 and 80 at www.building.govt.nz.

Further information on the Amendment Act and retentions is available on the MBIE website www.business.govt.nz

This article first appeared in Codewords – Issue 81