Building (Forms) Regulations 2004

Form 2B Statutory declaration as to owner-builder status

Sections 45, 87A, and 90D, Building Act 2004

The building

Street address of building:

The owner

Name:

Address:

Telephone number:

Email address:

Identification of design work that is restricted building work that has been carried out by owner-builder

Note: Complete the following section if this form is attached to an application for a building consent that is accompanied by plans or specifications containing design work that is restricted building work that has been carried out by the owner-builder (section 45(5)(b) of the Building Act 2004).

The design work that is restricted building work that I, [name, place of abode, occupation], carried out as an owner-builder is—

*all of the design work that is restricted building work described in the attached application for a building consent; or

*the design work that is restricted building work as set out below:

*Strike out words which do not apply.
Description of restricted building workReference to plans and specifications
[If appropriate, provide details of restricted building work][If appropriate, specify references]
Primary structure
Foundations and subfloor framing
Walls
Roof
Columns and beams
Bracing
Other
External moisture management systems
Damp proofing
Roof cladding or roof cladding system
Ventilation system (for example, sub-floor or cavity)
Wall cladding or wall cladding system
Waterproofing
Other
Fire safety systems
Emergency warning systems, evacuation and fire service operation systems, suppression or control systems, other

Note:

1

The design of fire safety systems is only restricted building work when it involves small-to-medium apartment buildings as defined by the Building (Definition of Restricted Building Work) Order 2011.

2

Continue on another page if necessary.

Identification of building work that is restricted building work intended to be carried out under owner-builder exemption

Note: The following section is to be completed if—

(a)

this form is accompanying an application for a building consent and the owner intends to carry out building work that is restricted building work (section 45(5)(a) of the Building Act 2004); or

(b)

the application for a building consent was not accompanied by a statutory declaration in this form and the owner intends to carry out building work that is restricted building work (section 87A(2) of the Building Act 2004); or

(c)

under a building consent, there has been a change in the owner-builder carrying out the restricted building work and the new owner-builder has not already submitted to the building consent authority a statutory declaration in this form to that effect (section 87A(3)(a) of the Building Act 2004).

The building work that is restricted building work that I, [name, place of abode, occupation], intend to carry out as an owner-builder is—

*all of the building work that is restricted building work described in the attached application for a building consent

or

*the building work that is restricted building work as set out below:

*Strike out words which do not apply.
Description of restricted building work
[If necessary, describe the restricted building work]
Primary structure
Foundations and sub-floor framing
Walls
Roof
Columns and beams
Bracing
Other
External moisture management systems
Damp proofing
Roof cladding or roof cladding system
Ventilation system (for example, sub-floor or cavity)
Wall cladding or wall cladding system
Waterproofing
Other
Note: continue on another page if necessary.
Status as owner-builder

I, [name, place of abode, occupation], am an owner-builder for the purposes of the Building Act 2004 as I—

(a)

have a relevant interest in the land or the building on which the restricted building work is carried out; and

(b)

reside or intend to reside in the household unit in relation to which the restricted building work is carried out; and

(c)

*have carried out the design work that is restricted building work myself or with the assistance of my unpaid friends and family members; and

(d)

*will carry out the restricted building work myself or with the assistance of my unpaid friends and family members; and

(e)

have not, under the owner-builder exemption, carried out restricted building work in relation to a different household unit within the previous 3 years.

*Delete if the paragraph does not apply.

Defined terms

relevant interest, in relation to the land or the building on which restricted building work is to be carried out, means a legal or equitable interest in the land or building and includes—

(a)

a right of occupancy of the land or building or part of the building; or

(b)

a right, power, or privilege over, or in connection with, the land or building

reside includes temporarily reside.

Statutory declaration

I, [name, place of abode, occupation], solemnly and sincerely declare that the statements contained in this form are true, and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date]

Before me

(Justice of the Peace, barrister and solicitor of the High Court, or other person authorised by law to take statutory declarations*)

Signature:

*Select one.

Schedule Part 2 form 2B: inserted, on 30 March 2012, by regulation 4 of the Building (Forms) Amendment Regulations 2012 (SR 2012/58).