Owner Builder guidance on restricted building work
Home Owners permitted to complete restricted building work
Building Act 2004: Subpart 4A: 90B Meaning of owner-builder
Building Act 2004: Subpart 4A: 90C Meaning of relevant interest
Following on from the recently introduced Government regulations that defined and set rules on restricted building work the Building Act has been amended to allow home owners to complete restricted building work as an owner-builder These changes took effect from 12 March 2012
You are an Owner-Builder if you:
- Live in or are going to live in the home (includes a bach or holiday home)
- Carry out the Restricted Building Work to your own home yourself, or with the help of your unpaid friends and family members, and
- Have not, under the Owner-Builder Exemption, carried out Restricted Building Work to any other home within the previous 3 years.
Most DIY work is usually minor repair, maintenance or alteration work and doesn't fall within the category of Restricted Building Work. For this work nothing has changed and home owners can continue to do this work as they always have.
Restricted Building Work is work that requires a building consent and relates to the primary structure of your home, or affects its weathertightness. Building work that is in the Restricted Building Work category must only be done by or under the supervision of Licensed Building Practitioners, unless you are using the Owner-Builder Exemption. If you are a suitably skilled owner-builder and meet the criteria above, you can carry out this work but if you have any doubts you are recommended to hire Licensed Building Practitioners to do this critical building work. Applications for this type of work is to be done on Form 2, Form 2B, Form 2C
An Owner-Builder is responsible for ensuring that Restricted Building Work carried out under the Owner-Builder Exemption complies with the building consent and the relevant plans and specifications.
Help with your DIY work
As the Owner-Builder family members or friends can help you with the Restricted Building Work to your home as long as you are not paying them to help you.
Future buyers will have access to information that shows the building work was carried out by the owner rather than a Licensed Building Practitioner.
Using the Owner-Builder Exemption
Building Act 2004: Subpart 4A: 90D Owner Builder Exemption
Before you can use the Owner-Builder exemption you need to complete a Form 2B showing you meet the owner-builder criteria.
The statutory declaration form has to be witnessed and signed by a Justice of the Peace or someone else authorised by law do so. This form needs to be given to your local council with your application for a building consent, or before the construction Restricted Building Work on your home starts.
It is an offence under the Crimes Act 1961 to give false information in a Statutory Declaration, and it is also an offence under the Building Act 2004 to give false information.
Visit MBIE Ministry of Business, Innovation and Employment - Building and Construction or contact your local council for more information on the Owner-Builder Exemption.