Codewords issue 96

Registrars Update

Kia ora and welcome.

The government have made a couple of announcements that will be of great interest to LBPs. One relates to building consent exemptions, and the other to new funding for training in the building and construction sector as part of the COVID-19 economic recovery.

As part of the building law reforms, Schedule 1 of the Building Act has been amended to allow for more work to be carried out without a building consent. Many of these exemptions will require the use of Licensed Building Practitioners to carry out the work. This is great news for LBPs, as the exemptions acknowledge their skills and expertise, as well as speeding up some minor works. We have included an article on the new exemptions to give you an idea of what to expect when the changes come into effect at the end of August. You can find more information at www.building.govt.nz(external link)

The government have announced a $1.6 billion Trades and Apprenticeships Training Package in their 2020 budget. This includes an initiative to support employers and group training schemes to retain and continue training their apprentices. This is critical for continuity of the building sector, as the last thing we want to see is apprentices and trainees having to be let go when we need really them. I encourage you to find out more about the Targeted Training and Apprenticeships Fund (TTAF) by visiting the tertiary education website at www.tec.govt.nz(external link)

Targeted vocational training courses will also be made free for all ages over the next two years, to help people who have lost their jobs retrain and also to allow new employees in some essential services to train on the job. Building and construction has been identified as one of the industries targeted by the scheme, and this funding is an excellent opportunity for new workers to upskill in our sector and help alleviate existing skills shortages.

Thanks for reading, until next time.

Skills Maintenance Articles

LBP fined for building without a consent

An LBP was fined $3000 for building a stand-alone one-bedroom dwelling without the required building consent.

The LBP carried out the building work to provide accommodation for family due to unforeseen changes in their living arrangements. He claimed he could not afford the costs of plans and that he did not have the time available to have them drafted. He did not obtain a building consent for the work, or discuss his situation with his local council, and proceeded to carry out the build without the council’s knowledge.

The Respondent agreed he had not followed the correct process and apologised for his actions. He accepted responsibility, was cooperative and has showed remorse for his actions. He said he would not carry out building work for a client without a building consent.

Building without a building consent, however, is a serious offence for an LBP, as the building consent process is fundamental to ensuring the Building Code is complied with and the purposes of the Building Act are achieved. In this case the LBP was found to have worked negligently by building without obtaining a building consent, when clearly one was needed.

The LBP was also found to have worked outside their competence by designing the dwelling without the input or supervision of a suitably licensed or registered designer. As he built the dwelling without plans, he effectively determined the design when deciding on the construction methodology. Given that he does not hold a design licence, the Board has found that he had carried out building work outside of his competency.

Certificates of Acceptance had been issued for the two buildings and there were no compliance issues with the building work that was undertaken. However, the Board found that this did not excuse the conduct of the LBP.

There may have been personal reasons for why the Respondent carried out the building. They do not excuse the behaviour. Nor did the fact that the building work had been accepted as meeting Building Code requirements. The simple fact is that the building consent process goes to the heart of the compliance regime within the Building Act. Circumventing or ignoring it puts the objectives of the Act, which include keeping people safe and healthy, at risk.

What we can learn from this decision

The Board takes LBPs deciding to build without a consent very seriously.  The building consent process is fundamental to ensuring the Building Code is complied with and the purposes of the Building Act are achieved. The Board also notes that the decision to not obtain a building consent is often a calculated one. Even with the mitigating factors in this case, such as the LBP cooperating, accepting responsibility and showing remorse, the fine was still significant.