Builders must be ‘satisfied on reasonable grounds’ when ensuring building work complies with building consents, but what are they?
Building consent authorities (BCAs) need to be ‘satisfied on reasonable grounds’ that building work will meet the requirements of the Building Code before they can issue the building consent. This is not always as simple as comparing the plans with the performance requirements of Building Code.
The Building Code is performance-based, meaning it states how a finished building must perform in its intended use, rather than describing how it must be designed or constructed. The Building Act provides several ways to demonstrate compliance:
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Acceptable Solutions – specific construction methods that comply with the Building Code. The Building Code clauses generally have one or more acceptable solutions.
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Verification Methods – methods of testing, calculations and measurements that comply with the Code
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Alternative Solutions – where all or part of the building design differs from either of the above, and other ways are used to show how it complies with the Code
Acceptable solutions and verification methods, if followed, must be accepted by a BCA as complying with the Building Code provisions. There are other paths that must also be accepted as compliant by a BCA such as product certification, energy work certificates, and Determinations issued by the Ministry of Business, Innovation and Employment (MBIE).
However, when the design includes specifically designed or bespoke features (alternative solutions) which could affect how the completed building performs in its intended use, the designer needs to show the BCA how that design will meet the performance requirements of the Code. The BCA needs to use its collective experience to determine compliance.
This is also the case when deciding whether to issue a code compliance certificate (CCC). In fact, the CCC must include the declaration that the BCA is ‘satisfied on reasonable grounds’ that the building work complies with the building consent. Being satisfied on reasonable grounds means having enough evidence or justification to believe something to be true or valid.
If, for any reason, work is carried out differently on site to what the designer detailed, it is important to involve the designer so that they have an opportunity to make a new case for compliance. If the inspector finds that the detail on-site differs from that shown, he or she has no option but to fail the inspection. This could potentially lead to costly delays on-site.
Although the BCA is ultimately responsible for building consent outcomes, other parties play a key role in contributing to whether a BCA can be satisfied on reasonable grounds.
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Owners are responsible for obtaining consents, approvals, and certificates
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Designers are responsible for ensuring the plans and specifications are sufficient to result in the building work complying with the Building Code
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Builders are responsible for ensuring that building work complies with the building consent and the plans and specifications that relate to that consent
MBIE has developed a guidance document ‘Satisfied on reasonable grounds’. This guidance document aims to help improve understanding of what satisfied on reasonable grounds means and how to apply it. It also provides clarity for BCAs and assists them to achieve a consistent approach in applying the ‘reasonable grounds’ test.
The guidance is primarily for BCAs, however it also provides helpful information and understanding for designers, builders, and owners in their various roles.
Can an LBP supervise another LBP?
An LBP cannot supervise another LBP undertaking work in the same licence class. LBPs are legally entitled to carry out RBW and are always individually accountable for the work they themselves produce. The LBP who completes RBW must also be the one who completes a record of work afterwards.
Different types of supervision
There are three different types of supervision – direct, general and remote. The supervising LBP needs to consider both the work being done and who is carrying it out to be able to gauge the level of direction and control necessary – it is important to remember that the LBP supervising RBW is accountable for that work and must complete a record of work.
Complex tasks involving risky details being undertaken by low or semi-skilled workers require direct supervision or working one-on-one with them. An example of this might be an apprentice installing weatherboards for the first time.
However, if the person doing the work has previously demonstrated the ability to perform the task with limited supervision, then general supervision may be adopted – with the supervising LBP working in a different area on the same site but periodically checking the work as it proceeds.
Remote supervision could be used when an LBP knows that the non-licensed workers carrying out RBW on a different site are highly skilled. It is important the LBP identifies specific tasks when he or she needs to be on-site to provide direction or oversight even when they can’t be there constantly due to running more than one job at that time. With remote supervision, good lines of communication must be available so that advice and assistance can be offered when and where required.
Design supervision
When a new graduate is undertaking Design RBW, direct or general supervision would probably be used when the design LBP is working in the same office.
Where a competent but unlicensed designer who is well known to the supervising LBP works in a different office, remote supervision would be appropriate, and would be provided primarily by phone or email. As the supervising LBP is going to be providing a statement about the building code in their certificate of work (CoW), dialogue with the non-LBP throughout the design process is essential.
Records and certificates of work
It is crucial that the LBP accurately completes their record of work or certificate of work, outlining what work was carried out or supervised – there is plenty of space to do this on the form. These forms will be held at the council for the life of the building they relate to, therefore having an accurate record is in the best interests of the LBP. You are unlikely to remember what you did on a particular job years from now, so accuracy is important.
