Penalties apply for inspections that are carried out without the right accreditation.
Building inspections
Building and Plumbing Commission (BPC) data shows that some building inspections are being conducted by structural engineers.
The relevant building surveyor (RBS) is the only person who can cause a building inspection for building works subject to a building permit, whether at mandatory notification stage or otherwise.
Issuing a regulation 126 certificate of compliance
There's also confusion around who can provide a regulation 126 certificate of compliance for building work (inspections).
These inspections must be carried out by a person listed under s35B of the Building Act 1993 (the Building Act):
- A building surveyor – whose registration permits them to undertake functions related to the building class and any limitation on building size.
- A building inspector – whose registration permits them to undertake functions related to the building class and any limitation on building size.
- A prescribed class of person –related to the prescribed class of inspection (prescribed by the Regulations).
Regulation 174 lists both the prescribed class of inspection, then the prescribed class of person who can carry out the inspection of building work, such as:
- Civil engineer – Structural, sewerage, water or drainage matter
- Mechanical engineer – Mechanical matter, including hydraulic services within a building
- Electrical engineer – Electrical matter
- Fire safety engineer – Fire safety matter.
Building surveyors and building inspectors can be used for any inspection listed above where within their registration limitations, if any.
Each engineer listed above is defined in the Building Act as endorsed building engineer registered under the Professional Engineers Registration Act 2019, in the area of engineering required by the building regulations.
Certificate of compliance – building work (regulation 123)
Similarly, regulation 123 prescribes the class of work and the prescribed categories, as well as the classes of registered building practitioners or endorsed building engineers in relation to that work.
This regulation aligns with list above, with the exception that it only applies to domestic building work for the issuing of a certificate of compliance.
Most importantly, the registered building practitioner or an endorsed building engineer must not give a certificate in respect to building work unless the certificate states that the building practitioner or endorsed engineer has inspected that building work (s238(2)) in person (s34).
Note: The BPC-approved form includes the statement, "I inspected the building work referred to above". This statement reflects the meaning of the Building Act and Building Regulations and does not extend to certification of an 'inspection of building work' carried out by other persons.
