Proposal for an owner builder exemption to the restricted building work regime: Proposed changes to the Act
To ensure good record-keeping, consumer protection and compliance with the owner builder defence, we propose to make some amendments to the Act. Again, some or all of these proposals will be put forward as final recommendations to Government. Please give us your comments on the amendments described below.
Amendment 1 - power for the building consent authority to decline a building consent or code compliance certificate
This amendment would give building consent authorities a new power to decline to issue a building consent or code compliance certificate for restricted building work if:
- there is no owner builder declaration (element eight on page six) filed with the application
or
- the owner builder declaration does not meetthe requirements of elements 1-7 on page six.
Amendment 2 - copies of the declaration to be given to the territorial authority
This would mean all building consent authorities have to send copies of all the owner builder declarations they receive to the territorial authority. Under the Act, the territorial authority is responsible for keeping all records and information about building work done within its district.
Amendment 3 - extension of implied warranties to owner builder work
The Act contains a number of warranties that are implied into every contract (whether written or oral) to do building work. The warranties are similar to provisions in the Consumer Guarantees Act 1993 (that apply when other types of goods or services are purchased) and are set out in detail in Appendix 4 to this document. Because an owner builder does not do their work under contract (as they cannot contract with themselves) the warranties do not currently apply to work done by owner builders. The Act would be changed for the benefit of future owners so the warranties would apply to all building work (not just restricted building work) done by owner builders.
Amendment 4 - disclosure on sale of house
Anyone selling a house has to disclose to the purchaser, in writing, any restricted building work done on the house by an owner builder.
Amendment 5 - recording information on land title
This will require building consent authorities to give a copy of all owner builder declarations to the Registrar-General of Land. The Registrar-General will then be required to record on the certificate of title any restricted building work that was done by an owner builder.