Restricted building work frequenty asked questions
- What is restricted building work?
- Why wait until 2012 for restricted building work to apply?
- What happens between now and March 2012 in terms of restricted building work?
- Why won’t restricted building work apply to all buildings?
- Does the exclusion of big buildings mean people won’t need to be licensed to work on them?
- Why isn’t all work needing a consent defined as restricted building work?
- Will there be penalties for an unlicensed person doing restricted work?
- Why should a building practitioner become licensed now, when restricted building work won’t apply until March 2012?
- Won’t it simply cost them money to renew their licence annually?
1. What is restricted building work?
Restricted building work will apply to design and building work that is critical to the integrity of a house or small-medium sized apartment building.
This means:
- The design and construction of the foundations and framing – to ensure the building can withstand vertical and horizontal loads
- The design and construction of roofing and cladding – to ensure the building is weathertight
- The design of active fire alarm systems in small-medium sized apartments – to ensure people are alerted to the dangers of smoke and fire.
This sort of work is complex, needs to be done right, and should therefore be done by a competent person.
Restricted building work will not apply to any building work that does not require a building consent.
All restricted building work will have to be carried out or supervised by a licensed building practitioner.
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2. Why wait until 2012 for restricted building work to apply?
A phase-in period will give industry time to adjust. It will ensure that when the restricted building work requirements apply, sufficient practitioners are licensed to carry out or supervise restricted building work.
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3. What happens between now and March 2012 in terms of restricted building work?
Anyone can continue to carry out this type of work, though builders are accountable under the implied warranty provisions of the Building Act 2004 for the quality of their work.
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4. Why won’t restricted building work apply to all buildings?
Applying restricted building work to complex commercial building projects involving large numbers of tradespeople would add administration time and cost, without providing additional benefit.
Commercial construction and most high-rise apartment buildings are typically undertaken by professionally managed construction companies. Problems that may arise are already managed effectively through commercial contractual arrangements. People buying a new home or a small-medium sized apartment often don’t have the same protections.
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5. Does the exclusion of big buildings mean people won’t need to be licensed to work on them?
Workers in the building and construction sector don’t just work on one sort of building type.
In practice, many workers on commercial projects and high-rise apartment buildings will become licensed to have their competence recognised, and because it will allow them to carry out or supervise a wider range of building work.
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6. Why isn’t all work needing a consent defined as restricted building work?
A significant portion of building work is low risk or is already effectively managed through commercial contractual arrangements. Defining all work as restricted would impose additional costs on building practitioners and society at large, without providing additional benefits.
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7. Will there be penalties for an unlicensed person doing restricted work?
Yes. Once restricted building work takes effect, a person who carries out this work without holding the appropriate licence class, and who works without supervision from a licensed person, may be fined up to $20,000.
This will not apply to DIYers who claim an exemption from restricted building work requirements.
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8. Why should a building practitioner become licensed now, when restricted building work won’t apply until March 2012?
From the date they are licensed a building practitioner can promote to potential customers that they have met the competency requirements for licensing. Now that the Government has taken final decisions about the scheme, licensed practitioners will have a competitive edge over those who are not yet licensed.
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9. Won’t it simply cost them money to renew their licence annually?
There is an annual cost of licence renewal but, having met the initial licensing assessment requirements, renewal is a simple process and, at less than $200, the cost is modest.
There are good reasons for becoming licensed early:
- The public is able to search the public register of licensed building practitioners to find a practitioner. Being licensed early means that the practitioner’s name comes up earlier on the register.
- An expected outcome of the Building Act review announced in August 2009 is that building consent and inspection process will be cheaper and faster for LBPs.
- Becoming licensed early ensures that building practitioners have time to work through the application process and adjust to the requirements of being licensed before restricted building work takes effect.
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