Restricted Building Work (RBW) is the design, construction and alteration of the primary structure and external moisture management systems of houses and small-medium apartment buildings. It is also the design of fire safety systems for small-medium apartments buildings. RBW can only be carried out or supervised by a Licensed Building Practitioner (LBP).
Sections 45 and 30C of the Building Act require that any building consent application that incorporates design RBW must be accompanied by one or more Memoranda (Certificates of Design Work) depending on how many Licensed Building Practitioners have been involved in the building design. The Certificate of Design Work forms are available from the Ministry of Business, Innovation and Employment website or via a link on the Timaru District Council website. Refer to the Section "Useful websites". The Memoranda (Certificates of Design Work) must be filled out using the prescribed form, be fully completed and signed.
In the case of an application for a building consent that relates to RBW, state the name of each Licensed Building Practitioner who, as far as the applicant is aware at the time the application is made, will be involved in carrying out or supervising the RBW that is the subject of the application.
Notification to Council
Before restricted building work commences under a building consent, the owner/LBP must give the council written notice of the name of every LBP who is engaged to carry out or supervise the restricted building work under the building consent and has not already been stated in the building consent application.
Once the restricted building work construction has commenced, the council must also be notified, as soon as practical, in writing if:
- An LBP ceases to be engaged to carry out or supervise the restricted building work; and/or
- Another LBP, not already named is engaged to carry out our supervise the restricted building work.
If an application for a building consent is accompanied by plans and specifications that contain design work that is RBW, that design work must be carried out or supervised by one or more LBPs who are licensed to carry out or supervise that design work. The plans and specifications that contain the design RBW must be accompanied by the Memorandum (Certificate of Design Work) that states:
- that the design RBW complies with the Building Code; and
- whether waivers or modifications of the Building Code are required and, if so, what those waivers or modifications are.
It is the responsibility of the 'design LBPs' (including registered architects, or chartered professional engineers) to ensure that their Memoranda (Certificates of Design Work) cover all of the RBW they have designed.
It is the responsibility of the owner to include all Memoranda (Certificates of Design Work) that collectively cover all of the RBW in the consent application.
Further information is available on MBIE's Built It Right site.
It is possible in a limited number of cases to obtain an Owner-Builder Exemption to carry out Restricted Building Work on your own home.