New Property law means restrictions on building work

Posted on Sunday, November 10 2013

A new property law will come into effect soon which means that certain building work can only be designed or carried out by a licensed person.

The new law affects residential buildings or small to medium sized apartment buildings (generally, those which are less than 10 meters high). The property law does not apply to commercial buildings, mixed use buildings, or building work for which a building consent is not required(e.g. emergency work).

The type of building work which is restricted is carpentry work, block and bricklaying, foundations, roofing, and external plastering.

Also restricted is design work for the primary structure of residential buildings and small to medium sized apartment buildings, and the fire safety systems of those apartment buildings.

The names of the licensed person must be given to the council before work starts. After work is finished,the licensed persons involved in the work must send council a memorandum confirming that the restricted work was supervised or carried out by them. Councils are unlikely to issue a code compliance certificate until memoranda from all licensed people involved are received.

For property owners, it is important to make sure that restricted work is carried out by a licensed person, and that those people give Council the required documents. Owners and builders often forget to collect a code compliance certificate after work is completed, which can cause trouble later when the property is being sold, and the builder can not be found.

Mike Toepfer – Aspiring Law


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Expert's Bio

Mike Toepfer

Aspiring Law is a general practice firm, offering the best in legal services and advice to our local Upper Clutha community, as well as our national and international clients. We recently launched our new firm, after taking over AWS Legal’s Wanaka office. We’ve carefully tailored our firm’s services and culture to meet the needs of our business, and wider, community. Clients from further afield also draw on our specialist expertise, particularly advice and support around property, including large-scale developments, and agribusiness. As our clients have come to expect, the cornerstone of our new practice remains excellent, timely advice, underpinned by personalised, genuine service and support. Further to that, we’re really excited about building further on our community-based initiatives to educate and inform people on legal issues, and do our part in finding meaningful, innovative ways to support our area. Before that I was at large Auckland firm Hesketh Henry for 17 years - over 13 years as a partner and 10 years on the firm's board of management and as property team leader. I have specialised in all types of property transactions for the last 27 years.

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