DIY rules aimed at eliminating building rogues

The Government had previously revealed proposals for the new Licensed Builder Practitioners’ (LPB) scheme, set to become compulsory in 2010. However, the announcement of the scheme had triggered confusion about what home building tasks would require a licensed builder, and what could be done by homeowners and DIYers.

Building and Construction Minister Shane Jones announced the DIY criteria to delegates at the opening of the Registered Master Builders Federation (RMBF) annual conference in Wellington.

Jones said DIYers who wanted to qualify for an owner-builder exemption would have to meet the following criteria:

• They must be an individual and the owner of the land on which the building work is to be carried out.
• They will have to sign a statutory declaration stating that the new building is to be their home
• The implied warranties in the Building Act that apply to builders will be extended to apply to DIYers
• Council records will show that the work was carried out by a DIYer.

“The devil is in the detail, and we have been able to provide that detail by defining what owner-builders can do... This should close the potential loophole between recognised licensed builders and rogues pretending to be DIYers,” Jones said.

He said restricted work wouldn’t apply to all building work, only the critical elements, such as “managing moisture content, ensuring a robust and reliable structural framework and the ability to contain fire from spreading.”

However, the Construction Industry Council (CIC), who also welcomes the new building regulations, says the exact nature of projects to be classified as ‘restricted work’ is yet to be established, with the Government expected to consider final proposals by mid October 2008.

Jones also made it clear that if DIYers chose not to use a licensed builder for restricted or specified work, they would face the same liabilities that licensed builders face.

Jones also added that he would like to see it compulsory for vendors selling new homes to inform buyers through notification on the LIM or title that an unlicensed person did the restricted work on the house.