Building (Forms) Amendment Regulations 2012

2012/58

Coat of Arms of New Zealand

Building (Forms) Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of March 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 402(1)(k) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Building and Construction, makes the following regulations.

Regulations

1  Title
  • These regulations are the Building (Forms) Amendment Regulations 2012.

2  Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

3  Principal regulations
4  Schedule amended

Schedule
New forms 2B and 2C inserted in Schedule of principal regulations

r 4

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 work Reference 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.

Form 2C
Notice of owner-builder

Sections 87A and 90D, Building Act 2004

The building consent

Building consent number:

Issued by: [name of building consent authority that granted building consent]

The owner

Name:

Address:

Telephone number:

Email address:

*Agent

Name of agent: [only required if notification is being given on behalf of the owner]

†Contact person:

Mailing address:

Street address/registered office:

Telephone number:

Mobile number:

Daytime number:

After hours number:

Fax number:

Email address:

Internet site:

Relationship to owner: [Specify details of authorisation from the owner to give the notification on the owner's behalf]

First point of contact for communications with the building consent authority: [full name, mailing address, telephone number(s), fax number(s) and email address(es)‡]

*Delete this section if the notification is not being given on behalf of the owner.
†Delete if the agent is an individual.
‡Contact details must be in New Zealand.
Notice

I, [name, place of abode, occupation], give notice under section 87A of the Building Act 2004 that—

*I intend to carry out restricted building work under the owner-builder exemption, but did not include a statutory declaration to that effect with my application for a building consent.

or

*There has been a change in the owner-builder carrying out the restricted building work. I intend to carry out restricted building work under the owner-builder exemption, and attach a statutory declaration to that effect.

or

*I have ceased to carry out some or all of the restricted building work under the owner-builder exemption.

       

*Select the statement that applies.
Date change is effective from:

       

If the notice affects some but not all of the restricted building work identified in the application for the building consent, please include details on a separate page.

Attachments

Statutory declaration as to owner-builder status (Form 2B).

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the day after the date of their notification in the Gazette, insert 2 new forms in the Building (Forms) Regulations 2004 as a result of amendments to the Building Act 2004 by the Building Amendment Act 2012. Those amendments relate to restricted building work carried out by an owner-builder. The new forms are form 2B (Statutory declaration as to owner-builder status) and form 2C (Notice of owner-builder).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 March 2012.

These regulations are administered by the Department of Building and Housing.