Page 83 - Build 152

You’d never take an unnecessary risk.
So always choose the insulation that’s proven to be safe.
International research confirms that any slight irritation to exposed skin caused by the glass wool fibres in Pink® Batts® insulation, or through their inhalation, is harmless and temporary. Plus Pink® Batts® is proud to be GREENGUARD Indoor Air Quality Certified® for low chemical emissions.
Professionals expected to know better
Fines may be reduced by factors such as subsequent cooperation, e orts to promptly seek consent after the issue arises, apologising and pleading guilty. Professional developers, on the other hand, have received higher nes where the scale of a project has been signi cant and undertaken for signi cant pro t. Professionals are expected to know better.
For professional parties, however, the fallout from failing to ensure compliance with the legislative requirements may be much wider than conviction. Professional builders who incorrectly advise clients about the need for a building consent may face claims for providing negligent advice or, if a licensed building practitioner, may become subject to a complaint.
Cost not only nancial
The exercise can also be costly in terms of:
● remediatinganynon-compliantwork
● assistingtheclienttoobtainaCerti cateofAcceptance
● managingclientdisappointment
● rectifying damage to reputation both with a client and with the
building consent authorities
● dealing with negative publicity and embarrassment for getting
it wrong.
Take care with exemptions
As most builders will know, the Building Act provides a range a circumstances where a building consent is not required. Exempt building work is set out in Schedule 1 of the Act. It is important, however, to check the exemptions very carefully.
If there is any uncertainty about whether or not an exemption applies, the safest option is to ensure that the owner applies for an exemption from the council or for a building consent.
The general maintenance and replacement category is perhaps most likely to raise questions if there is any suggestion of a perfor- mance failure, for example, a replacement is not like for like.
It is also important for builders to recognise that, in many cases, a homeowner will not know the requirements of the Building Act and will expect guidance to advise if work should not commence.
Be vigilant about variations
Finally, builders also need to be vigilant in circumstances where a variation to a contract may have an impact on the building consent. Once again, a builder should inform their client if any changes they wish to make will require them to approach council for approval to amend their building consent.
It may seem obvious, but check that consents have been obtained before carrying out any building work. Take a careful approach to exemptions.
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