Building Act 2004 — Section 90 and Schedule 1

Owner-builder rules in New Zealand — what can you do yourself?

The Building Act allows owner-builders to carry out restricted building work on their own home without hiring a Licensed Building Practitioner — but with important conditions. Here's exactly what's allowed.

📋 Building Act 2004, Section 90 — In force as at 15 January 2026

What is restricted building work?

Work that normally requires an LBP

Restricted building work (RBW) is building work that affects:

  • The primary structure of a building
  • External moisture management (cladding, roofing, windows)
  • Fire safety systems

For most homeowners, the most common types are: structural framing, external cladding, roofing, and window installation. Normally, RBW must be carried out or supervised by a Licensed Building Practitioner (LBP) in the relevant licence category.

The owner-builder exemption (Section 90)

You can do it yourself — if you meet the criteria

An owner-builder may carry out restricted building work on their own home without an LBP, provided:

  • You own the home
  • You live in it (or intend to) as your primary residence
  • You personally carry out the work — you cannot hire unlicensed workers to do the restricted work for you
  • You obtain the required building consent
  • You notify the council that you are using the owner-builder exemption

The 3-year sale restriction

Cannot sell within 3 years without disclosure

If you use the owner-builder exemption, you cannot sell the property within 3 years of the code compliance certificate being issued without disclosing to the purchaser that owner-builder work was carried out.

This disclosure must be made in writing before the sale. The purchaser has a right to know that the work was not carried out or supervised by an LBP.

What you still must do

  • Obtain building consent from your local council before starting work
  • Ensure all work complies with the Building Code
  • Have inspections carried out by the council at required stages
  • Apply for a Code Compliance Certificate on completion
  • Keep records of what work you did as owner-builder

Work that is not restricted — anyone can do it

Non-restricted work includes:

  • Internal non-structural fit-out (linings, insulation, interior doors)
  • Tiling, painting, flooring, cabinetry
  • Decking (subject to consent requirements)
  • Some plumbing (minor repairs and maintenance)

Even for non-restricted work, you still need building consent if the work itself requires consent.

Source: Building Act 2004, Section 90. MBIE guidance at building.govt.nz. This is general information, not legal advice.

Frequently asked questions

Can I hire a friend to help with owner-builder work?
You can have people help you, but you must personally carry out the restricted building work — you cannot have an unlicensed person do the structural or cladding work while you supervise. The exemption is personal to you as the owner-occupier.
Do I need to tell my insurance company if I use the owner-builder exemption?
Yes. Doing owner-builder work may affect your home and contents insurance and your home warranty insurance. Tell your insurer before starting work. Some insurers will not cover defects in owner-builder work.
What happens if I sell within 3 years without disclosing?
Failing to disclose owner-builder work before a sale is a breach of the Building Act and can result in the purchaser taking legal action against you for any losses caused by defects in the work.
Can I use the owner-builder exemption for a second property or rental?
No. The owner-builder exemption only applies to your own home that you live in (or intend to live in) as your primary residence. It does not apply to rental properties, holiday homes, or investment properties.

Building and construction professionals: stay across your obligations

Workstep gives your team instant answers from the Building Act, your site procedures, and NZ standards — with exact references.

Try Workstep free → Book a 20-minute demo for your team