PRM SEM 02 - 01. Building Act 2004 and Licensing Flashcards
How did the Building Act 2004 come about?
The Building Act 2004 was a result of the ongoing Leaky Building Crisis in which thousands of NZ houses have been affected by water damage through destructive leaks as a result of combinations of new materials, new design, poor detailing, poor construction and poor supervision. It replaced the 1991 Act and introduced:
- “a review of the Building Code for more clarity about building standards and
more guidance about how to meet those standards - licensing and accreditation, which aim to provide more certainty that the
people doing and certifying the work have the skills for the job - more scrutiny in the monitoring process that checks building and design work,
and overseeing of the sector by the government.”
As well, the BIA (Building Industry Authority) was dissolved and replaced by the Department of Building and Housing (DBH) which has since also been absorbed into the Ministry of Business, Innovation and Employment (MBIE).
And a warranty was implied in all building contracts for household units (but not
commercial or institutional), whether specified in the contract or not.
These changes have been introduced over the past few years. Note that there have
been a couple of other Acts since 2004 but Amendments to the Building Act 2005
and the Building Amendment Act 2008 were comparatively minor.
We have dealt with most of these changes (eg PIMs, tougher Building Consent rules,
Code Compliance Certificates) in Semester 1 ‘s ARCHPRM 700 Project Management.
Which authorities dissolved and which took their place as a result of the Leaky Building Crisis?
The BIA (Building Industry Authority) was dissolved and replaced by the Department of Building and Housing (DBH) which has since also been absorbed into the Ministry of Business, Innovation and Employment (MBIE).
What were the three initiatives The Building Amendment Act 2009 added?
This Act introduced three specific initiatives to reduce compliance requirements under
the Building Act 2004 aimed at improving the efficiency of the building consent
process:
- ” introduce national multiple-use approvals, which streamline the building
consent process for house designs to be replicated on scale - define a new streamlined process for managing minor variations to building
plans after a building consent is issued - make the requirement to obtain a Project Information Memorandum (PIM)
voluntary, which reduces time and costs to building consent applicants.”
So you can see the Act shows an emphasis on improving efficiency in some Building Consent areas, just as the Resource Management (Simplifying and Streamlining) Amendment Act 2009 aimed to do for Resource Consents.
As a professional architect you should be aware that procedures change and you or
your professional organisation can be a part of this process by making submissions.
Licensed Building Practitioners Scheme
The Building Act 2004 introduced a gradual process to license designers, builders and tradespeople that has now been phased in.
However the proposal has a few problems and industry gossip is that the new Government will make changes to the proposals eg “from 2015 it is proposed that licensing will be qualifications-based. In the meantime, the scheme is competency based”.
However under the current law “the Act sets up a system for licensing building practitioners:
- Certain design and building work will have to be undertaken or supervised by
a licensed building practitioner. - Licence classes will be set out in regulations.
- The licensing system will be administered by the Department of Building and Housing.
- People can make complaints about licensed building practitioners, to be
heard by an independent board.”
CHECK ALL THIS IS UP TO DATE
Restricted Building Work:
As of March 2012, “building practitioners must be licensed in order to carry out or supervise
work on homes and small-medium sized apartment buildings that is critical to the integrity of
the building.” (Source: http://www.business.govt.nz/lbp/the-board/overview/other-licensing-schemes)
This is called Restricted Building Work and in practice this is any structural or weatherproofing work: for example structure, framing, cladding etc.
Note that this is residential work: houses, apartments etc … not retail, commercial, industrial.
But it does mean only people who are Licensed Building Practitioners or Registered
Architects (or are supervised by them) can do work on houses involving design or
construction of these key elements.
There are some exceptions for do-it-yourself work by owner-builders. See:
https ://www.building.govt.nz/getting-started/stages-of-the-buiIding-process/diy-but-buiId-it-right/
Building Categories
Buildings are divided by complexity, use, height and risk factor into 3 categories.
(Note risk factor is measured by the Risk Matrix see NZ Building Code E2. Risk matrix takes into account a building’s wind zone, number of storeys, roof/wall intersections, eaves width, envelope complexity, deck designs).
- “Category 1: Single home dwellings with low or medium-risk envelope design
- Category 2: Single home dwellings with high-risk envelope design, or any
other buildings with a building height less than 10m - Category 3: Buildings greater than 10m in building height, except single home
dwellings.”
(Source: http ://www.business.govt.nz/lbp/the-board/getting-licensed/building-categories)
The business.govt.nz website has examples with illustrations of each type eg a Category 2
building can be a four storey (but under 10m high) mixed use apartment block with shops and restaurants.
A Category 3 building has no limits on structure, envelope design, building height, occupant
numbers, building use and importance.
What are Licensing Classes?
Builders, architects and other building designers are licensed in 3 classes relating to the categories. For architectural designers they are Design Area of Practice 1, 2 and 3, corresponding to the building categories. Design 3 can design in all categories.
Many architects will be happy working in Category 2 but most will want to be Category 3.
Registered Architects (see next lecture) automatically become Category 3.
Examples of the standard you have to achieve are attached. Note that Design 3 Class includes not just design and construction knowledge but building law and contract administration.
Applications:
See http://www. business. govt. nz/lbp/the-board/the-bu ild ing-practitionersboard/
the-lbp-rules/the-rules/schedule-1-licence-class-competencies/design for an
idea of the competencies expected of you as a Design Licenced Building
Practitioner
To apply for Design LBP you make a “Standard Application” and these info sheets are
available at http://www.business.govt.nz/lbp/the-board/getting-licensed/applying-for-licensing
- Information on the Standard application assessment process
- Information on the Design application assessment process
- What projects should I provide?
- What referees do I need to provide?
You provide a cv, references, a dossier of evidence of your qualifications, work
and experience and the total cost is around $1000.
The assessor will “review your work history and selected project records, contact your referees to confirm the work in your selected projects was done competently and contact you to arrange a face-to-face interview to discuss your portfolio of work”. They are looking for “broad evidence of your competence”.
They have also just introduced a qualifications based “streamlined process” but that doesn’t include designers.
If declined you can appeal the decision and/or apply again at any time.
Once licensed you must maintain your competence and skills through a continuing
professional development programme as well as pay an annual fee of around $200.
Can you work under the Supervision of an LBP?
If unlicensed you can work under the supervision of a Licensed Building Practitioner. So you can be employed by them or get them to lodge your Building Consent for you. However they will be taking on liability for the work and its unlikely this will happen unless they have a formal arrangement with you eg employer and employee.
It’s important to realize that individuals are licensed, not firms. Liability sticks with the individual not the company. This also makes culpability clearer when there are problems.
What is the difference between an LBP and a Registered Architect?
Architects and Chartered Engineers are automatically Class 3 designers. LBPs can hold licenses in the 3 design Classes
