LBP HANDBOOK - Licensed Building Practitioners
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LBP HANDBOOK
DISCLAIMER
This information is published under section 175 of the Building Act 2004. The information is only
a guide and, if used, does not relieve any person of the obligation to consider any matter to which
that information relates according to the circumstances of the particular case.
© Ministry of Business, Innovation and Employment 2018
This document is protected by Crown copyright, unless indicated otherwise. The Ministry of Business,
Innovation and Employment administers the copyright in this document. You may use and reproduce
this document for your personal use or for the purposes of your business provided you reproduce the
document accurately and not in an inappropriate or misleading context. You may not distribute this
document to others or reproduce it for sale or profit.
The Ministry of Business, Innovation and Employment owns or has licences to use all images and
trademarks in this document. You must not use or reproduce images and trademarks featured in this
document for any purpose (except as part of an accurate reproduction of this document) unless you
first obtain the written permission of the Ministry of Business, Innovation and Employment.
Publication date: March 2018
ISBN: Print: 978-0-478-19416-6
Web: 978-0-478-19417-3
WELCOME TO THE LICENSED BUILDING
PRACTITIONER (LBP) SCHEME
As part of your application to become an LBP, you need to demonstrate your
knowledge of the regulatory environment that relates to your work in the building
and construction industry.
This handbook outlines the information that During your assessment for the licence class that
you need to know to meet this requirement, you are applying for, an assessor will ask you
so please take the time to read and understand questions based around the information from
the content. this handbook.
It’s important to keep in mind that rules Please note that the information in this handbook
do change from time to time and, as an LBP, relates to all classes.
it is your responsibility to keep up to date with If you have any queries, please contact:
these changes. You can do this by subscribing
to LBP Updates and the Codewords newsletter Licensed Building Practitioners
on the LBP website, and by visiting the www.lbp.govt.nz
Building Performance website for the Phone number: 0800 60 60 50
latest versions of documents and guidance. info@lbp.govt.nz
After you have read this handbook, you should
be able to demonstrate your knowledge of: Building Performance
www.building.govt.nz
›› the key features of the LBP scheme
Phone number: 0800 242 243
›› restricted building work info@building.govt.nz
›› operating within the scope of your own
competence
›› skills maintenance
›› your roles, responsibilities and rights
›› health and safety requirements
›› the Building Act 2004
›› the Building Code
›› the building and resource consent process
›› certificates of design work/records of
building work
›› the Construction Contracts Act 2002.
PAGE 01 L B P H A N D B O O K www.lbp.govt.nz
CONTENTS
PART 1: THE LICENSED BUILDING PRACTITIONERS SCHEME.......................................................................... 5
Key LBP scheme members..................................................................................................................... 5
Minimum standard of licensing............................................................................................................. 5
Categories of buildings........................................................................................................................... 6
Complaints about LBPs........................................................................................................................... 7
Restricted building work (RBW)............................................................................................................. 8
Building work supervision...................................................................................................................... 9
Supervision Risk Matrix.......................................................................................................................... 9
RBW supervision.................................................................................................................................... 10
Examples of application of different types of supervision.............................................................. 10
Important RBW forms............................................................................................................................11
Working within your competence........................................................................................................11
Skills Maintenance..................................................................................................................................11
PART 2: BUILDING WORK ROLES AND RESPONSIBILITIES............................................................................. 12
LBP roles and responsibilities...............................................................................................................13
Homeowner roles and responsibilities...............................................................................................14
Registered trades’ roles and responsibilities......................................................................................14
Non-registered trades’ roles and responsibilities.............................................................................15
Building consent authorities’ roles and responsibilities...................................................................15
PART 3: CONTRACTING FOR BUILDING WORK................................................................................................ 16
Contracting to clients.............................................................................................................................17
Set up the project to protect both parties..........................................................................................17
Contracts provide clarity.......................................................................................................................17
Pricing the job.........................................................................................................................................18
Default clauses........................................................................................................................................18
At the end of the project........................................................................................................................18
Ongoing consumer protection.............................................................................................................19
12-month defect period.........................................................................................................................19
The Construction Contracts Act 2002................................................................................................. 20
PAGE 02 L B P H A N D B O O K www.lbp.govt.nz
PART 4: HEALTH AND SAFETY............................................................................................................................ 21
Health and Safety at Work Act 2015 (HSWA)..................................................................................... 22
Emergencies........................................................................................................................................... 24
PART 5: BUILDING REGULATORY FRAMEWORK.............................................................................................. 25
The Building Act 2004........................................................................................................................... 26
The Building Code.................................................................................................................................. 27
Relevant Building Code clauses........................................................................................................... 28
Demonstrating compliance with the Building Code......................................................................... 29
Standards................................................................................................................................................ 30
PART 6: BUILDING AND RESOURCE CONSENT PROCESS............................................................................... 31
Applying for a building consent........................................................................................................... 32
Building without consent where one was required.......................................................................... 32
Amending or varying a building consent........................................................................................... 32
Consented building work inspections................................................................................................ 33
Obtaining a CCC..................................................................................................................................... 33
Resource consent.................................................................................................................................. 36
SELF-ASSESSMENT QUESTIONS....................................................................................................................... 37
PAGE 03 L B P H A N D B O O K www.lbp.govt.nz
BUILDING CONFIDENCE PART ONE THE LBP SCHEME PAGE 04 L B P H A N D B O O K www.lbp.govt.nz
The licensed building practitioners (LBP) scheme was introduced by the Building Act
2004 and began operating in November 2007. The aim of the scheme is to protect
consumers, lift LBP competency and make LBPs more accountable for their work.
The LBP scheme was created as a part of the MBIE and the LBP Registrar
wider building and construction regulatory The LBP scheme is administered by MBIE on
framework to ensure homes and buildings are a day-to-day basis. MBIE’s Chief Executive also
safe, healthy and durable, and that: appoints the Registrar, who performs many of the
›› homes are built right the first time functions related to licensing building practitioners.
›› consumers have access to the information they The Registrar makes decisions about licensing
need to make informed decisions about the applications and renewals, maintains the
competency of building practitioners. Public Register and sets the requirements
for the LBP skills maintenance programme.
Some building work and design work is restricted
They also support the Board investigations
building work (RBW) and must be carried out or
of complaints against LBPs.
supervised by LBPs.
The LBP scheme achieves its purpose by: MINIMUM STANDARD OF LICENSING
›› identifying licensed people through the The LBP Rules 2007 set out the minimum
LBP Public Register standards of licensing for building practitioners.
›› setting minimum standards of competence They also include the minimum standard of
for licensing current competence that must be demonstrated
through ongoing skills maintenance.
›› requiring maintenance of professional skills
These standards are used to assess applicants
›› making practitioners accountable to the
to determine whether they are entitled to be
Building Practitioners Board (the Board)
(or to remain) an LBP.
via the complaints function.
If an LBP does not keep their skills and
KEY LBP SCHEME MEMBERS knowledge up to date through skills maintenance,
the Registrar may suspend their licence.
The Building Practitioners Board (the Board)
The Board is an independent body that governs Licence classes
the LBP scheme. While the Ministry of Business, Licence classes in the LBP scheme are based
Innovation & Employment (MBIE) administers the on specific roles or occupations that are crucial
day-to-day running of the scheme, the Board has to a building's performance. You can apply to
several key functions, such as: be licensed in more than one licence but you
›› approving the scheme’s ‘Rules’, together with must be able to demonstrate that you have the
the Minister for Building and Construction minimum standard of competence in each class
(the Minister), that LBPs must follow you apply for.
›› hearing appeals against licensing decisions There are currently seven licence classes.
made by the Registrar for Building Practitioner ›› Design
Licensing (the Registrar) ›› Site
›› dealing with complaints about LBPs and, ›› Carpentry
if necessary, disciplining LBPs ›› External Plastering
›› reporting on these functions to the Minister. ›› Bricklaying and Blocklaying
›› Roofing
›› Foundations
PAGE 05 L B P H A N D B O O K www.lbp.govt.nzThe number and nature of the licence classes can ›› Category 2 buildings are single residential units
change from time to time. with a risk matrix score of 12 or more for any
external elevation, or buildings with multiple
LBP Licensing Classes has the most residential units that are less than 10 metres
up-to-date information. in height. This height is measured from the
surface of the ground floor level to the surface
of the top floor level.
Areas of practice
›› Category 3 buildings are buildings with
Many of the licence classes have subsets
multiple residential units with a height of
called ‘areas of practice’. An area of practice
greater than 10 metres, and buildings that
is a specific field of practice within a licence
class. If the licence class that you are applying contain parts that are not residential.
for has an area of practice, you will be assessed
in that area of practice to determine your Trade licence classes
competency for that licence class. You can The LBP licence classes reflect the different trades
have more than one licence and/or area of that have important roles in building projects.
practice, and this means that you will be These classes are sometimes referred to as ‘trade’
assessed in multiple areas. classes and represent the trades involved in the
The areas of practice are not a limit on what construction and alteration of a building.
work you can do, which means that you are not Individuals who carry out or supervise RBW in
prevented from working outside of that area these areas must hold the appropriate trade
as long as you stay within your licence class. licence.
Registered or Craftsman Plumbers and Gasfitters
CATEGORIES OF BUILDINGS can carry out and supervise the fitting and
There are three categories of buildings that are sealing or flashing of pipework through exterior
related to the LBP licence classes and areas of walls, and carry out certain roofing and cladding
practice. These categories identify different work in the course of their work. They are
types of building based on risk factors, licensed for this under their own trade bodies.
complexity and intended use.
Design licence class
Most simple houses in New Zealand are
The Design licence is for those who undertake
category 1 or 2 buildings. Some category 2
design work for category 1, 2 or 3 buildings.
and 3 buildings are not RBW because they are
There is one Design licence class, which is divided
not totally residential, but they are still covered
into three areas of practice based on the three
by licence classes such as Design and Site.
building categories as follows:
›› Category 1 buildings are single residential units
›› Design 1 LBPs prepare drawings, specifications
with a risk matrix score of less than 12 for any
or other documents for category 1 buildings
external elevation.
›› Design 2 LBPs prepare drawings, specifications
or other documents and manage the design
process for category 1 and 2 buildings
PAGE 06 L B P H A N D B O O K PART ONE www.lbp.govt.nz›› Design 3 LBPs prepare drawings, specifications COMPLAINTS ABOUT LBPS
or other documents and manage the design LBPs are accountable to the Board for their
and construction process for category 1, 2 work and conduct. Anyone can make a complaint
and 3 buildings. against an LBP to the Board, and the Board must
investigate the complaint. The Board can also
Some design work is RBW and must be carried
initiate its own inquiries into a matter.
out or supervised by someone with a design
licence class. RBW that is design work includes
Complaints to the Building
the preparation of any drawing, specification,
Practitioners Board has information
or other document, according to which:
on the complaint and investigation process.
›› the primary structure of a house or a small-to-
medium apartment building is proposed to be
An investigation may result in the LBP being
constructed or altered; or
disciplined if they:
›› any external moisture-management system
›› have carried out or supervised work
attached to or forming part of a house
negligently or incompetently
or a small-to-medium apartment building
is proposed to be constructed or altered. ›› have carried out or supervised work that does
not comply with a building consent
New Zealand Chartered Professional Engineers
›› held themselves out to be licensed for work
or registered architects are automatically treated
that they are not licensed to do
as Design 3 LBPs. This means they can carry out
or supervise design RBW. They are licensed for ›› have carried out or supervised building work
this under their own trade bodies. or building inspection work they are not
licensed for
Site licence class
›› have been convicted of an offence that affects
The Site licence is a little different from other
their fitness to do building work
licences because it covers the coordination
and oversight of building work rather than ›› gave false information to get licensed
the carrying out of the building work itself. ›› failed to provide a certificate of design work
There are three Site areas of practice: for a building consent application
›› Site 1 LBPs coordinate and oversee the ›› failed to provide a record of building work to
construction of category 1 buildings the council or the property owner
›› Site 2 LBPs coordinate and oversee the ›› have misrepresented their competence
construction of category 1, 2 and 3 buildings
›› have carried out or supervised work outside
›› Site 3 LBPs manage the construction process their competence
for category 1, 2 and 3 buildings.
›› failed to produce their licence or notify
Site LBPs are not licensed to actually carry
a change in circumstances (eg, their legal
out building work so they cannot carry out
name has changed)
or supervise RBW. This also means Site LBPs
cannot issue records of building work for RBW. ›› have conducted themselves in a manner that
New Zealand Chartered Professional Engineers brings, or is likely to bring, the LBP scheme
are automatically treated as being licensed as into disrepute.
Site 3 LBPs. They are licensed for this under their
own trade bodies. Section 137 of the Building Act 2004
on the Legislation website has
information on grounds for disciplining
licensed building practitioners.
PAGE 07 L B P H A N D B O O K PART ONE www.lbp.govt.nzPenalties RESTRICTED BUILDING WORK (RBW)
If the Board finds the LBP’s conduct comes RBW is work that is critical to make a home
within the grounds for discipline, it can: structurally sound and weathertight. RBW is
›› cancel their licence residential design, construction or alteration
work that:
›› suspend their licence for up to 12 months
›› requires a building consent, and
›› restrict the type of work that they can do
or supervise ›› involves or affects a home’s primary structure,
weathertightness, or certain fire safety design.
›› order them to do training
As RBW is only residential work, it does not
›› fine them up to $10,000.
include commercial or mixed-use building work.
As a result of a disciplinary sanction, an LBP In order to be RBW, the building work must
can also be ordered to pay some of the costs require a building consent and this means
of the Board inquiry and hearing. that exempt building work (work covered by
If the Board decides the matter is serious Schedule 1 of the Building Act) is not RBW.
enough, it can publicly announce its decision. Only work that’s covered by one of the licence
classes is RBW. It’s important to remember that
RBW can only be carried out or supervised by
Formal complaints on the Building
a suitably licensed person.
Performance website has further
details.
Use licensed people for restricted
building work on the Building
Performance website has further
information.
USE THIS FLOW CHART TO IDENTIFY IF BUILDING WORK IS RBW.
Does the work need
NO
a building consent?
For example, it is covered Does the work
by Schedule 1 of the relate to design of fire
NO YES
Building Act 2004
YES safety systems for a
small-to-medium-sized
Does the work involve design apartment building?
NO
or construction/alteration? NO
For example, the work is
demolition of removal work
YES Does the work relate
THE to external moisture YES
WORK management?
Is the building residential? NO
IS
For example, it is an office NOT
NO
building, school, prison, RBW
YES hospital, stadium, ancillary
building or outbuilding
Does the work involve a house
Does the work relate
(of any height) or an apartment NO YES
to primary structure?
building less than 10 metres high? For example, it is an apartment
building with more than
YES two-three storeys
If an apartment, is it purely
NO
residential, eg no shops?
THIS WORK
IS RBW
YES
PAGE 08 L B P H A N D B O O K PART ONE www.lbp.govt.nzAlthough you do not need to be on-site the and oversight of the work to an extent that
whole time you are supervising work, you must ensures the building work:
be satisfied that those you are supervising are
›› is performed competently
sufficiently skilled in the aspects of the work
because you are responsible for the work’s ›› complies with the building consent.
quality and Building Code compliance (as per Building work that is not RBW can be supervised
the building consent). by anyone.
If you are an LBP, you are accountable for
BUILDING WORK SUPERVISION
all building work you carry out or supervise,
even if that work is not RBW. If you are
The Supervison Practice Note is
supervising building work, you need to provide
available on the LBP website.
enough support to ensure the work is done
competently and is carried out according to
When it comes to general building work, the building consent.
supervision means providing control, direction
SUPERVISION RISK MATRIX
Types of supervision
Skill level of those being supervised
Highly
= Direct = General = Remote
skilled
Low skill
Complexity of work being supervised
High Low
You may face disciplinary action and fines, and put your licence at risk, if the Board finds the work
you supervised to be substandard.
PAGE 09 L B P H A N D B O O K PART ONE www.lbp.govt.nzRBW SUPERVISION
You must be an LBP in the appropriate class to carry out or supervise unlicensed people who want to
carry out RBW. If you are not licensed and you carry out or supervise RBW, then you are committing
an offence under the Building Act 2004. The local council could issue an instant fine, or even take the
matter to court. MBIE could also prosecute you over the matter.
EXAMPLES OF APPLICATION OF DIFFERENT TYPES OF SUPERVISION
REMOTE SUPERVISION
PROJECT 1
Small kitchen renovation
with limited restricted
building work comprising
some plasterboard
bracing
PROJECT 4 PROJECT 2
DIRECT SUPERVISION
CARRYING OUT RBW
New engineered Complex bespoke
cantilevered deck at LBP CARPENTER residential dwelling.
the LBP's home CARRYING OUT LBP contracted to
residence install a specialist
OR SUPERVISING
cladding system
RBW
PROJECT 3
Simple dwelling
= LBP carrying out RBW
= Direct supervision
= LBP working in their capacity as a supervisor of RBW
= LBP carrying out some RBW and supervising other
GENERAL SUPERVISION
non-LBPs undertaking RBW
The Board has released some important It is important to note that an LBP cannot
decisions about supervision of unlicensed supervise another LBP in the same class.
people that outline expectations around the Because both are accountable to the Board for
quality of supervision. the work they do, this accountability can’t be
passed to a supervisor. This does not mean that
two LBPs cannot assist or mentor each other,
Codewords article Revisiting
but they cannot take responsibility for each
supervision on the Building
other’s work. They must also both provide
Performance website has more details.
records of work if they both undertake RBW.
PAGE 10 L B P H A N D B O O K PART ONE www.lbp.govt.nzIMPORTANT RBW FORMS WORKING WITHIN YOUR COMPETENCE
Certificate of design work (Design) Each licence class covers a range of skills and
When carrying out RBW that is design work, expertise and most licence classes have distinct
LBP designers complete the certificate of design areas of practice that reflect groupings of
work and hand it in with the building consent particular skills and expertise.
application. The certificate identifies what design As an LBP you must work within your competence.
work has been undertaken by whom, and what Although you may be licensed to do a wide range
the details of that design work are. of work, you should only carry out or supervise that
work if you are competent to do so. If you wish to
Record of building work (Construction) carry out or supervise building work for something
The record of building work form must be that you are licensed to do but don’t necessarily
completed by all LBPs who carry out or supervise have the skills or expertise (eg a different area of
RBW. It must be provided to the homeowner and practice) it is important you have appropriate
the territorial authority (usually the local council) support and mentoring to work competently.
when the RBW is completed. This means that if
If an LBP takes on a job outside their competence
you are engaged for part of a wider job, you need
and things go wrong, this may result in
to provide a record of building work when your
disciplinary action by the Board.
involvement in the RBW is completed, not when
the job is completed.
SKILLS MAINTENANCE
The purpose of a record of work is to ensure that
Skills Maintenance is an important part of
the homeowner and territorial authority have an
being an LBP. Under the Skills Maintenance
accurate record of the LBP who carried out or
Scheme, you need to complete a combination
supervised RBW on a particular project.
of compulsory and elective activities every two
If you can’t complete all the RBW you intended years to demonstrate you have maintained your
to due to contractual or other reasons, then you competency in your area of work.
must complete a record of building work for the
The programme aims to encourage you to
part of the work you completed up until the time
do two things:
your involvement came to an end. The form
should detail the work that has been completed, ›› get the essential regulatory and technical
as well as the work that still needs to be done. information you need
›› choose elective activities that are relevant
to what you do.
New Skills Maintenance Scheme on
the LBP website has further details.
PAGE 11 L B P H A N D B O O K PART ONE www.lbp.govt.nzBUILDING CONFIDENCE PART TWO BUILDING WORK ROLES AND RESPONSIBILITIES PAGE 12 L B P H A N D B O O K PART ONE www.lbp.govt.nz
This section outlines the roles and responsibilities of key parties involved in the design
and building process. Even on the simplest building project you will interact with other
parties who have their own roles and responsibilities.
The success or failure of a project often Establishing your legal obligations as an LBP
depends on how well people understand The Building Act and its regulations (including the
their roles, and how they cooperate with Building Code) set out the rules for building work.
each other to achieve them. All building work in New Zealand must meet
Everyone involved in the design and building the requirements of the Building Act and the
process should: minimum performance requirements of the
Building Code, even if that work doesn’t require
›› understand their own roles and responsibilities
a building consent.
›› have a good understanding of the roles of
Other than the Building Act and its regulations,
their colleagues.
the other important laws that may impact your
work are the:
LBP ROLES AND RESPONSIBILITIES
›› Resource Management Act 1991
As all LBPs are licensed under the same regime,
they all have the same obligations when it ›› Construction Contracts Act 2002
comes to ensuring that they work within their ›› Health and Safety at Work Act 2015.
competence and comply with the requirements
There are also council bylaws, laws for historic
of their specific licence class. Their responsibilities
places and fire safety, as well as laws to ensure
can be summarised as follows.
certain plumbing, gas and electrical work is done
An LBP must: by qualified professionals.
›› not breach the grounds for discipline
You will often be engaged to carry out work
›› provide a certificate of design work or record according to a contract. When you agree to
of building work where required a contract you are bound by the terms and
›› comply with other regulations or laws that conditions of that agreement and there may
affect their work. be penalties or implications if you do not follow
what has been agreed. If you have a dispute
You will often encounter other LBPs on-site and
about a contract, you should consider getting
it is important to understand what they are there
some legal advice or assistance.
to do and how that may impact on your work.
PAGE 13 L B P H A N D B O O K PART T WO www.lbp.govt.nzHOMEOWNER ROLES REGISTERED TRADES’ ROLES
AND RESPONSIBILITIES AND RESPONSIBILITIES
In general, the same rules apply to homeowners, Some building work and other related work
whether they’re doing the work themselves is regulated by registration schemes. These
(DIY) or contracting someone to do it for them schemes require people doing prescribed work
(an agent can act on behalf of the owners). to be licensed and to fulfil certain requirements,
Building owners’ responsibilities include: regardless of any contractual commitments.
›› applying for a building consent for proposed Electrical workers
building work, if it's required (including Prescribed electrical work must be done by an
construction, alteration, demolition and appropriate registered electrical worker, who
site works) must comply with all regulations relating to
›› providing the necessary information with electrical work, and must issue an electrical
the building consent application to confirm safety certificate to certify that work.
compliance with the Building Code
Plumbers, gasfitters and drainlayers
›› notifying the council about:
Plumbing and drainlaying work also must be
›› who will do any RBW (provide the name(s) of done by a registered person, who must comply
the LBPs who will do or supervise the work) with the regulations relating to that work.
›› any changes to the consented plans as work Gasfitting must be done by a registered gasfitter,
progresses who must comply with all regulations relating to
›› a proposed change of use for the building, gas work, and must issue a gas certificate of
even when it doesn’t require a building compliance to certify that work.
consent Generally, gas and electrical work is not
›› an extension of life for a building with inspected by a building consent authority.
a specified life The work must be done by a licensed
›› subdividing a property with an existing professional, who must issue a signed energy
building work certificate after completing the work.
Energy work certificates are required to get
›› applying to the council for a code compliance
a CCC.
certificate (CCC) on completion of work that
requires a building consent Chartered Professional Engineers and
›› ensuring that the building has a compliance registered architects
schedule where this is a requirement of the Registered architects undertake architectural
Building Act (for example, if you have a design work and are treated as Design 3 LBPs
cable car) for the purposes of design RBW.
›› ensuring inspection, maintenance and Chartered Professional Engineers (CPEng)
reporting procedures are carried out where deal with complex engineering problems and
required by any compliance schedule for activities requiring the application of specialist
specified systems engineering knowledge.
›› maintaining the building in a safe and sanitary CPEng are treated as Design 3 LBPs for the
purposes of design RBW. Both CPEng and
condition at all times
registered architects must provide a certificate
If there are concerns about a building's safety in of design work where they have undertaken
earthquakes, or other natural hazards exist on RBW design work.
site, the owner should get professional CPEng are also treated as being Site 3 LBPs.
engineering advice and act on it.
PAGE 14 L B P H A N D B O O K PART T WO www.lbp.govt.nzNON-REGISTERED TRADES’ ROLES BUILDING CONSENT AUTHORITIES’ ROLES
AND RESPONSIBILITIES AND RESPONSIBILITIES
Some people working on a construction project All building consent authorities (BCAs) process
are not subject to any licensing or registration building consent applications and undertake
schemes. These people are only required to building inspections. BCAs check that building
do what their contract specifies. These people work meets the requirements of the Building Act
must not carry out restricted work (such as RBW, and the Building Code. Functions performed by
prescribed electrical and sanitary plumbing work) BCAs include:
without holding a licence or being appropriately
›› considering building consent applications and
supervised.
deciding whether an application shows how
Some of the trades not currently licensed the work will comply with the Building Code
through the LBP Scheme or other registration
›› inspecting building work at key stages during
schemes include:
the construction process
›› painters
›› certifying that the work complies with the
›› tilers building consent by issuing the CCC.
›› plasterboard stoppers.
Territorial authorities are responsible for keeping
records about all the properties in their area,
to address breaches of the Building Act and to
protect people and other buildings.
PAGE 15 L B P H A N D B O O K PART T WO www.lbp.govt.nzBUILDING CONFIDENCE PART THREE CONTRACTING FOR BUILDING WORK PAGE 16 L B P H A N D B O O K PART T WO www.lbp.govt.nz
CONTRACTING TO CLIENTS
This section will guide you through the requirements regarding contracting to clients
for residential building work.
The Building Act and regulations made under A contractor can be fined for not supplying
it set out consumer protections, including a a homeowner with these documents. They
standard checklist and a minimum standard can be convicted and fined up to $20,000
for contracts that you need to be aware of. if they knowingly:
These requirements only apply to residential
›› provide false or misleading information
work where a contractor has a contract with
the homeowner (the client). It does not apply ›› leave information out of the disclosure
to subcontractors. statement.
A contractor must provide a written contract
for a residential project that will cost $30,000 Consumer protection – disclosure and
or more (including GST). This is the total cost checklist on the Building Performance
of the building work – it is not acceptable to website has more information.
submit multiple invoices for just under $30,000.
In addition, all residential building work is CONTRACTS PROVIDE CLARITY
covered by implied warranties to protect
consumers. You cannot contract out of the Once you have agreed to do building work you
implied warranties and they apply regardless should agree on the terms in a contract with the
of the cost of the project. They cover aspects client. Remember, you must provide a written
of building work from compliance with the contract for a residential project that will cost
Building Code to good workmanship and timely $30,000 or more.
completion of work. The contract should include all of the
It’s important that you have a good understanding requirements specified in the Building Act
of the Construction Contracts Act 2002 because regulations and listed in the standard checklist.
it provides rights and obligations around You should seek legal advice before signing
payments for contracted building work. any contract.
A contractor can be fined for not having a written
SET UP THE PROJECT TO PROTECT contract if one is required.
BOTH PARTIES While the homeowner is responsible for ensuring
Before agreeing to building or design work, the work meets the relevant requirements,
a contractor must provide potential residential the contractor usually has the relevant
clients who ask for it, or whose project will cost knowledge and needs to help the homeowner
$30,000 or more (including GST), with: meet their obligations.
›› a disclosure statement including information Information about who will do what should
about skills, qualifications, licensing number be included in any contract, as it is part of the
and any insurance or guarantees related to minimum contract requirements. For example,
the contractor might take on the role of obtaining
the work
the building consent, even though it is the
›› a standard checklist that includes information homeowner’s responsibility.
about the steps of a build and minimum
requirements for a contract.
PAGE 17 L B P H A N D B O O K PART THREE www.lbp.govt.nzThe terms of the contract might include DEFAULT CLAUSES
identifying who is responsible for ensuring:
You will automatically have to meet default clauses
›› council inspections occur as set out in the specified in the Building Act if you are working
building consent on a residential building project that will cost
$30,000 or more (including GST) and you either:
›› RBW or any other specialised work is carried
out by a person with the appropriate ›› don’t have a written contract with the
qualification (and the homeowner is given homeowner
relevant documentation) ›› don’t include the minimum content required
›› any ‘notice to fix’ is acted on and the work in the contract.
re-inspected
The default clauses won’t override an existing
›› the council is notified about: clause but cover many aspects of a building
›› who will do any RBW (provide the name(s) of project and all the minimum contract
the LBPs who will do or supervise the work) requirements where there are no existing clauses
›› any changes to the consented plans as you (these are additional to the implied warranties).
progress Examples of the default clauses include:
›› a planned change of use for the building ›› the building contractor undertakes to obtain
›› an extension of life for a building with a all necessary approvals, including building
specified life consents, before commencing the building work
›› a planned subdivision of a property with ›› the building contractor must provide the
an existing building CCCs to the client before the building
›› any alterations, even if they don’t require contractor submits their final payment
a building consent claim under the contract.
›› all council fees are paid
›› an application is made for a CCC. AT THE END OF THE PROJECT
Once you have completed the RBW you are
Contractors: Do your homework on responsible for, you must provide a record of
the Building Performance website has building work to the homeowner and the council.
details about the minimum contract Once the building work is completed, regardless
requirements. of the price of the work, you must give clients the
following information, documents or both:
PRICING THE JOB ›› a copy of any current insurance policy you
hold for the building work completed under
When pricing a job, the price should be the total
the contract
cost of all the building work (including supplies,
fixtures, fittings and GST). This is regardless of ›› a copy of any guarantees or warranties for
whether a subcontractor is doing all or part of materials or services used in the building
the work. work, including:
You can only exclude the cost of the subcontractors’ ›› information about how to make a claim
work if they enter into a separate contract with the ›› if the guarantee or warranty is transferable
client. A written contract protects both parties.
›› if it must be signed and returned to the issuer
PAGE 18 L B P H A N D B O O K PART THREE www.lbp.govt.nz›› information about the processes and materials If you wait until the end of the project, any
to be used to maintain the building work, defective work or products may be hidden
if maintenance: by other building elements or you may not
have time for repairs before you move to
›› is required to meet the requirements of
your next project.
the Building Code
›› could affect any guarantee or warranty. 12-MONTH DEFECT PERIOD
It’s okay to provide information as you go, but it There is an initial defect repair period of
might be easier to keep track so you can give it 12 months, starting from the date the building
all to the client when the project is finished. That work is complete.
way, you also know exactly what you’ve provided.
If your client tells you in writing about any
You could be fined if you don’t provide this defective work before the 12 months are up,
information. you must put it right within a reasonable
timeframe from receiving notification. If you
ONGOING CONSUMER PROTECTION dispute the defect, you need to prove that it is
If there is a problem during the build or once it not your fault or your subcontractor’s (or due to
is complete there are several measures in place the products you’ve used).
that affect builders, designers and tradespeople.
Once the 12-month defect period ends
If you are the main contractor:
Contractors have a responsibility to remedy
›› you are required by law to fix any defective defective work after the 12-month defect repair
building work that you were notified about period ends, for up to 10 years. This ongoing
within 12 months of the building being protection is due to implied warranties in the
completed within a reasonable time. Building Act.
›› you need to ensure clients visiting the site If you are notified about a deficit after the
are not harmed by hazards in the workplace 12-month repair period has lapsed, and you
you control. dispute it, it is up to the homeowner to prove
›› you will need to organise the repair of there is a defect.
anything faulty related to the build. You are Contractors also have responsibilities if there are
also responsible for the work done by your problems related to:
subcontractors, so make sure you keep an ›› payments or disputes – refer to the
eye on the quality of their work Construction Contracts Act
›› any defective product must be remedied. ›› service (including any trade work, design work
It is your responsibility to arrange a or inspection services) – refer to the Consumer
replacement of any product you supplied. Guarantees Act
It’s a good idea to walk your client through the ›› being misled about products or services – refer
project after each milestone to show them to the Fair Trading Act.
progress and check the quality of the work.
It should be much easier (and more time and Do your homework, the
cost-effective) to repair any defective work or Building Performance website
products as you go. has further information on your rights
and responsibilities under the
Construction Contracts Act 2002.
PAGE 19 L B P H A N D B O O K PART THREE www.lbp.govt.nzTHE CONSTRUCTION CONTRACTS ACT 2002 Payments
The Construction Contracts Act 2002 (CCA) Under the CCA you can make payments in
provides a process for dealing with payments two ways:
and disputes under a construction contract. ›› as a single payment
It covers both commercial and residential
›› over several instalments (known as progress
construction contracts.
payments).
The CCA:
You should make the payment obligations clear in
›› helps to ensure a fair, balanced and
your contract. If you don’t, the default provisions
appropriate payment regime
of the CCA will apply, which provide for monthly
›› provides a fast and cost-effective adjudication progress payments.
process for people with disputes
You can make a payment claim for any amount
›› provides enforcement mechanisms to recover you believe is due under the contract.
any unmade payments You must include a notice (Form 1) with all
›› protects retention money withheld under payment claims you make.
commercial construction contracts. The notice outlines the:
›› process for responding to the payment claim
How the CCA applies to your contract
›› consequences of not responding to or paying
The CCA provides you with default payment
provisions and bans the use of ‘pay when paid’. a claimed or scheduled amount in full.
The CCA also provides fast-track adjudication
of disputes about your contract, along with ways Construction Contracts Act 2002 on
to enforce payment. the Building Performance website
has more information on construction
contracts.
PAGE 20 L B P H A N D B O O K PART THREE www.lbp.govt.nzBUILDING CONFIDENCE PART FOUR HEALTH & SAFETY PAGE 21 L B P H A N D B O O K PART THREE www.lbp.govt.nz
Construction is one of New Zealand’s biggest industries with almost 200,000 workers
– but it’s also one of the four sectors with the worst worker injury rates. Worker
fatalities are more than double the average for all other sectors.
HEALTH AND SAFETY AT WORK ACT 2015 4. Stop or refuse to carry out dangerous work
(HSWA) You have the right to stop work, or refuse
The HSWA provides for a balanced framework to carry out work, if you believe that doing
to ensure the health and safety of workers the work would expose you, or anyone else,
and workplaces. to a serious health or safety risk. If you have
stopped work, you need to let your manager
'Business' in this section means know as soon as possible.
PCBU (Person Conducting Business
5. Access to health and safety information
or Undertaking).
The business you work for must provide you
with information about staying healthy and
Your rights and responsibilities as a worker safe at work, in a way that you can
Rights: understand.
1. Work in a healthy and safe environment
6. Personal Protective Equipment (PPE)
Risks are things that might hurt you, or make
In most cases the business you work for
you sick. The business you work for, or the
must provide you with personal protective
business that controls where you are working,
equipment (PPE) if it’s needed to keep you
is responsible for managing its work-related
safe and healthy, for example, hard hats,
health and safety risks.
ear muffs and safety glasses.
2. Get appropriate training before you start work Your business should train you in how to
The business you work for must make sure properly use, clean and maintain your PPE.
you have been trained to carry out your The business you work for cannot charge you
work in a healthy and safe way. Make sure for PPE. You can voluntarily provide your own
you understand the risks and how to keep PPE but this must be checked and approved
yourself and others healthy and safe at work. by your business.
3. Work with safe machinery, vehicles, tools 7. Speak up
and equipment You are the eyes and ears of your business.
The business needs to make sure that the Telling your business about your ideas,
tools, equipment, vehicles and machinery experiences or concerns and those of your
you use at work are safe for you to use and fellow workers helps keep you and others safe.
in good working condition. Your employment or contract can’t be
terminated if you report or act on a health
and safety concern. It’s against the law for
anyone to discriminate or take other negative
steps against you because you’ve spoken up
about health and safety at work.
PAGE 22 L B P H A N D B O O K PART FOUR www.lbp.govt.nz8. Be given a chance to have a say ›› ask a workmate or community member
You must be given reasonable opportunities to raise the concern on your behalf
to express your views and contribute to ›› contact your union, who can act on
decision making on health and safety at work. your behalf
This includes decisions about: ›› contact WorkSafe on 0800 030 040
›› your health monitoring ›› visit the WorkSafe website (search
›› conditions at your workplace ‘concern’).
›› information and training for workers. 2. Your business’ responsibilities
›› health and safety representatives and Your business must:
health and safety committees.
›› give its employees reasonable opportunities
You can ask your business for a health and to participate in the ongoing improvement
safety representative, or a health and safety of health and safety of the PCBU they
committee, to help workers and the business work for (this can be direct or through
work together to improve health and safety. representation – a health and safety
You can also choose to join a union. representative is common)
You must be provided with: ›› provide and maintain a safe work
›› toilets and hand-washing facilities environment that does not pose a risk
›› clean drinking water to health and safety
›› first aid facilities ›› provide and maintain adequate facilities
›› a place to have a meal break in reasonable for the welfare of employees at work
comfort and shelter. ›› ensure that plant machinery and equipment
›› information about what to do in in the place of work is designed, made, set
an emergency. up, and maintained to be safe for
Your business is required to ensure you know employees
what to do in an emergency, for example how ›› ensure that systems of work do not lead
to escape if there’s a fire or what to do if an to employees being exposed to hazards
earthquake occurs. in or around their place of work
›› develop procedures to deal with
Responsibilities:
emergencies that may occur while
1. Your responsibilities:
employees are at work
As a worker you have a responsibility to:
›› provide information, training, instruction
›› take reasonable care of your own health or supervision that is necessary to protect
and safety people from risks to health and safety
›› take reasonable care that what you do arising from the work carried out
or don’t do does not adversely affect the ›› ensure that the health of workers and the
health and safety of other people conditions at the workplace are monitored
›› cooperate with any reasonable workplace to prevent illness or injury to workers
health and safety policy or procedure that arising from the work carried out
your business has
›› maintain worker accommodation it
›› comply with any reasonable instructions owns, manages or controls (that has
given by the business you work for. been provided because other
If you have a health and safety concern you accommodation is not reasonably
need to: available) so workers are not exposed
›› tell your manager or your health and safety to health and safety risks arising from
representative the accommodation.
PAGE 23 L B P H A N D B O O K PART FOUR www.lbp.govt.nzEMERGENCIES
In an emergency call 111 for emergency services. Call the WorkSafe Response Team on
0800 030 040 (available 24 hours). If scene
Notifying Worksafe clearance or other immediate assistance from
Businesses must notify WorkSafe as soon a health and safety inspector is required,
as possible if any of the following ‘notifiable request this from WorkSafe.
events’ occur:
Do not interfere with an accident scene until
›› the death of a person authorised by a health and safety inspector.
›› a notifiable injury or illness Exceptions include certain situations, such as
when people or property is at risk.
›› notifiable incident.
Call 111 if required. Construction on the WorkSafe
website has further information.
PAGE 24 L B P H A N D B O O K PART FOUR www.lbp.govt.nzBUILDING CONFIDENCE PART FIVE BUILDING REGULATORY FRAMEWORK PAGE 25 L B P H A N D B O O K PART FOUR www.lbp.govt.nz
New Zealand uses legislation to regulate building work. The main piece of legislation
is the Building Act 2004, which provides the framework for all parts of building work
regulation. The Building Code provides most of the technical requirements.
This section will briefly summarise the Building Act, the Building Code and methods to demonstrate
how work meets the Building Code.
HIERARCHY OF NEW ZEALAND BUILDING CONTROL SYSTEM
BUILDING
ACT
BUILDING CODE
LEGISLATION
ALTERNATIVE VERIFICATION ACCEPTABLE
SOLUTIONS METHODS SOLUTIONS
STANDARDS CITED STANDARDS
ALTERNATIVE SOLUTION ROUTE DEEMED-TO-COMPLY ROUTE
THE BUILDING ACT 2004 ›› buildings have attributes that contribute to the
The Building Act forms the framework for health, physical independence and well-being
the regulatory system to be followed when of the people who use them
undertaking building work in New Zealand. ›› people who use a building can escape from
The Building Act allows for regulations (such as the building if it is on fire
the Building Code) and other instruments (such as
›› buildings are designed, constructed and can
the LBP Rules 2007) to be created to help achieve
be used in ways that promote sustainable
its purpose. The Building Act and these tools aim
development
to improve design and construction practice to
provide greater assurance to consumers. ›› to promote the accountability of owners,
designers, builders and BCAs who have
The purpose of the Building Act is to ensure:
responsibilities for ensuring building work
›› people can use buildings safely and without
complies with the Building Code.
endangering their health
PAGE 26 L B P H A N D B O O K PART FIVE www.lbp.govt.nzThe Building Act sets out the following measures The Building Code states how a building
to achieve its purpose: must perform in its intended use, rather than
describing how the building must be designed
›› the building consent process
and constructed. Flexibility is a key advantage
›› the LBP scheme of a performance-based Building Code. You are
›› the BCA accreditation scheme not required to use named products or designs,
›› protection for homeowners through and you can benefit from new developments in
mandatory warranties technology and systems.
›› clear expectations of the standards buildings All building work in New Zealand must comply
should meet and guidance on how to meet with the Building Code, whether or not it requires
a building consent.
these standards
›› MBIE's functions as the administrator The Building Code includes three general clauses
and 39 technical clauses. The technical clauses
of the Building Act.
are grouped together in related clusters and are
supported by guidance documents.
THE BUILDING CODE
The Building Code is important at all stages
The Building Code sets clear expectations of building work, but may be most useful at
of the minimum performance standards the design stage. A good upfront design makes
buildings must meet. It covers aspects such the construction phase smoother. Even after
as structural stability, fire safety, access, a building consent has been issued for work,
moisture control, durability, services and those carrying out the work need to ensure
facilities, and energy efficiency. that the work complies with the Building Code.
LE VEL DESCRIP TION
Building Code (Mandatory) 1. Objective The social objective the building
must achieve.
Building Code (Mandatory) 2. Functional requirement What the building must do to
satisfy the social objective.
Building Code (Mandatory) 3. Performance criteria Qualitative or quantitative criteria
that the building must meet in
order to comply.
Means of compliance a 4. Verification Method Prescriptive test or calculation
BCA must accept if followed method that provides one means
(non-mandatory) of compliance.
Means of compliance a 5. Acceptable Solution Prescriptive step-by-step solution
BCA must accept if followed that provides one means of
(non-mandatory) compliance.
PAGE 27 L B P H A N D B O O K PART FIVE www.lbp.govt.nzYou can also read
