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New Zealand law explained for everyone

Building Act 2004

Preliminary provisions - Outline of responsibilities under this Act

14E: Responsibilities of builder

You could also call this:

“Builders must follow rules to make sure buildings are safe and meet all the requirements.”

A builder is anyone who does building work, whether they’re working for a business or not. If you’re a builder doing work that needs a building consent, you have to make sure the work matches what’s in the consent and the plans. You also have to use building products and methods that follow the consent and plans.

If you’re doing building work that doesn’t need a consent, you still have to make sure it follows the building code. This includes using products and methods that meet the code’s requirements.

If you’re a licensed building practitioner doing or overseeing restricted building work, you have two main jobs. First, you need to make sure the work is done according to the law. Second, you need to have the right licence for the type of restricted work you’re doing or overseeing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356453.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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14D: Responsibilities of designer, or

“The person who makes building plans must make sure their work follows the rules for safe buildings.”

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14F: Responsibilities of building consent authority, or

“Building consent authorities check if building plans and work follow the rules, and give out permissions and certificates.”

Part 1 Preliminary provisions
Outline of responsibilities under this Act

14EResponsibilities of builder

  1. In subsection (2), builder means any person who carries out building work, whether in trade or not.

  2. A builder who carries out building work that is covered by a building consent is responsible for ensuring that—

  3. the building work complies with the building consent and the plans and specifications to which the building consent relates; and
    1. all building products and building methods used in carrying out that building work are used in a manner that complies with the building consent and those plans and specifications.

      1. A builder who carries out building work that is not covered by a building consent is responsible for ensuring that—

      2. the building work complies with the building code; and
        1. all building products and building methods used in carrying out that building work are used in a manner that complies with the building code.

          1. A licensed building practitioner who carries out or supervises restricted building work is responsible for—

          2. ensuring that the restricted building work is carried out or supervised in accordance with the requirements of this Act; and
            1. ensuring that he or she is licensed in a class for carrying out or supervising that restricted building work.

              Notes
              • Section 14E: inserted, on , by section 10 of the Building Amendment Act 2012 (2012 No 23).
              • Section 14E(2): replaced, on , by section 10 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).
              • Section 14E(2A): inserted, on , by section 10 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).