Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Requirements for building work - Restricted building work must be carried out or supervised by licensed building practitioners

87A: Notices to building consent authority when owner-builder carries out restricted building work

You could also call this:

“If you're doing special building work yourself, you need to tell the building people about it”

If you, as an owner-builder, want to do restricted building work under a building consent, you need to tell the building consent authority about it. If you didn’t say you were an owner-builder when you applied for the building consent, you must let the authority know before you start the work.

You also need to tell the building consent authority if you change who is doing the restricted building work, or if you stop doing it yourself. You have to use a special form to give this information, and you might need to include a statement that says you’re an owner-builder.

When you tell the building consent authority about these things, you need to do it at the right time. If you’re just starting the work, you need to tell them before you begin. If you’re changing who’s doing the work or stopping it, you need to tell them as soon as you can.

If you don’t follow these rules, you might get in trouble. You could be found guilty of breaking the law and have to pay up to $50,000.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356499.

Topics:

Housing and property > Home safety and repairs

Government and voting > Local councils

87: Owner must notify names of licensed building practitioners engaged in restricted building work, or

“You must tell the building authority who will do the special work on your house before it starts.”

88: Licensed building practitioner to provide record of work in respect of restricted building work, or

“A special builder must write down what they did and give it to the owner and the local council.”

Part 2 Building
Requirements for building work: Restricted building work must be carried out or supervised by licensed building practitioners

87ANotices to building consent authority when owner-builder carries out restricted building work

This section applies when, under the owner-builder exemption, an owner-builder carries out restricted building work under a building consent.
If the building consent application was not accompanied by a statutory declaration as to owner-builder status, the owner must give the building consent authority a notice that the owner-builder is to carry out restricted building work.
The owner must give the building consent authority a notice—
if there is a change in the owner-builder carrying out the restricted building work; or
when the owner-builder ceases to carry out the restricted building work.

A notice under this section must—
be in the prescribed form; and
if it is a notice required under subsection (2) or (3)(a), be accompanied by a statutory declaration as to owner-builder status; and
be given—
1. before the building work begins, if it is a notice required by subsection (2):
2. as soon as practicable, if it is a notice required by subsection (3).

A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding $50,000.

Notes

Section 87A: inserted, on 13 March 2012, by section 26 of the Building Amendment Act 2012 (2012 No 23).
Section 87A(5): amended, on 8 June 2021, by section 29 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).