Roles and responsibilities in the building process

The owner has legal responsibilities for building work being undertaken on their land. Common responsibilities include:

• Obtaining necessary consents, approvals and certificates. These include approvals like code compliance, compliance schedules (when required) and resource consent (when required)
• Ensuring payments of fees and levies that are applicable to works associated with your works
• Ensuring that building work carried out complies with the building consent
• Ensuring building work carried out under Schedule 1 Exemptions complies with the NZ Building Code
• Advising the Building Consent Authority of changes to materials or construction details during construction
• Ensuring amendments or minor variations for changes are approved
• Ensuring compliance with notice to fix
• Notifying council of their nominated agent
• Notification of proposed Change of Use to a building (even when building consent is not required)
• Requesting an extension of life for a building with a specified life
• Notification of subdivision of a property within an existing building
• Notification of alterations (even when building consent is not required)
• Keeping your building safe
• Ensuring inspection, maintenance and reporting procedures required on compliance schedules are carried out
• Providing all required forms relating to Building (Dam Safety) Regulations 2022.

An owner can delegate their responsibilities and obligations for applications by appointing an agent to manage the list responsibilities.

An owner cannot delegate responsibility of a Notice to Fix to anyone else. This is their responsibility to rectify the non-compliance. Delegating responsibility and obligations also does not remove the overall responsibility.

When delegating your responsibilities please ensure you include written approval from 

In a building project a designer is someone who has input into the plans and specifications, advises on compliance with the Building Code and provides the required documentation.

They are responsible for ensuring that plans, specifications and advice result in the building work complying with the Building Code when constructed in accordance with the plans, specifications and advice.

A Chartered Professional Engineer (CPEng) are experienced engineers who have been assessed as holding the technical knowledge for complex engineering problems and meeting a quality mark of competence within their respective field. They are registered under the Chartered Professional Engineers of New Zealand Act 2002.

In dam construction Chartered Professional Engineers are normally used as part of the design and construction team. Dam design is complex and specialised. The engineer is responsible for ensuring that the design and construction of the dam are in accordance with the NZ Building Code and approved building consent.  

A builder is a person or company who carries out the building work, whether they are in a trade or not.

They are responsible for building the project to the consented plans and specifications and ensuring that any building work not covered by a building consent complies with the building code.

Your Chartered Professional Engineer or designer should be able to guide you on who you should engage.

The Regional Authority (also known as a regional council) is responsible for performing the following building control functions:

• Issue Project Information Memorandum
• Issue building consents that are subject to a waiver or modification of the Building Code
• Issue Certificates of acceptance
• Issue Certificates of public use
• Issue Compliance schedules
• Issue and resolve notices to fix
• Administer annual building warrant of fitness
• Decides the extent to which buildings must comply with the Building Code when they are altered, the use is changed, or their specified intended life changes
• Performs functions relating to safety of dams
• Performs functions relating to dangerous dams
• Performs building safety evaluations following an earthquake or other emergency
• Carries out any other functions and duties specified in the Building Act 2004.

Note that Waikato Regional Council has arrangements with other regional councils that enables us to deliver certain building control functions within the above list. For enquiries relating to any of the above responsibilities and who undertakes them, you can contact us.

A product manufacturer or supplier is a person or company who manufacturers or supplies building product/s.

They are responsible for:

• Ensuring their products meet the building code requirements
• Providing the supporting technical data, plans, specifications and advice to the building industry for their products
• Confirming that the product will, if installed correctly, meet the performance standards of the building code.