Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Restricted building work carried out by owner-builders

90B: Meaning of owner-builder

You could also call this:

“An owner-builder is someone who lives in the house they're fixing up and does the work themselves or with help from family and friends.”

In New Zealand, an owner-builder is someone who does restricted building work on their own home. You are an owner-builder if you:

  • Own or have a relevant interest in the land or building where the work is done
  • Live or plan to live in the house you’re working on
  • Do the work yourself or with help from unpaid friends and family
  • Haven’t used the owner-builder exemption for work on a different house in the last 3 years

When the law talks about living in the house, it includes staying there for a short time too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4357112.

Topics:
Housing and property > Home safety and repairs
Business > Industry rules
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90A: Purpose of this subpart, or

“This part explains how homeowners can build and change their own houses.”

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90C: Meaning of relevant interest, or

“Explaining what counts as having an interest in a building or land for legal purposes”

Part 2 Building
Restricted building work carried out by owner-builders

90BMeaning of owner-builder

  1. An owner-builder, in relation to restricted building work, means a natural person who—

  2. has a relevant interest in the land or the building on which the restricted building work is carried out; and
    1. resides, or intends to reside, in the household unit in relation to which the restricted building work is carried out; and
      1. carries out the restricted building work himself or herself or with the assistance of his or her unpaid friends and family members; and
        1. has not, under the owner-builder exemption, carried out restricted building work in relation to a different household unit within the previous 3 years.

          1. For the purposes of subsection (1)(b), reside includes temporarily reside.

          Notes
          • Section 90B: inserted, on , by section 29 of the Building Amendment Act 2012 (2012 No 23).