Am I a PCBU as a homeowner during a build?
Short answer
Generally no. The Health and Safety at Work Act 2015 (HSWA) carves out 'domestic premises owners' from PCBU duties when work is done on their own home as a place of residence. The builder, the LBP, and any subbies remain PCBUs. The exception: if you act as the head contractor on your own build (uncommon), you may have PCBU duties as a 'person conducting a business or undertaking'. Always confirm with your builder where the duty sits.
Source: Health and Safety at Work Act 2015 section 17. Updated May 2026.
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Check a builderKey facts
- HSWA s17 carves out residential homeowners from PCBU duties for work on their own home
- Builder and subcontractors remain PCBUs
- If you act as your own head contractor, the carve-out may not apply
- Owner-builder DIY: you don't gain PCBU duties for your own labour but do for any contractor you hire
- WorkSafe rarely prosecutes residential homeowners — but liability for negligent acts still exists
When the carve-out applies
You own the home, the work is on or in connection with that home, and you're not acting in a business capacity. Most homeowner builds qualify.
Doesn't apply if: you're building rental properties (that's a business), you're building a spec house (business), you're acting as head contractor coordinating multiple trades yourself (you become a PCBU).
What you still owe
Common-law negligence duties remain. If you create a hazard (e.g., leave a hole open and someone falls in), you can still be liable.
Don't get in tradies' way. Keep your kids and pets clear of the site. Don't sabotage safety measures the builder has put in place. Practical sense plus a clean conscience.
Knowing the rules is half the job. The other half is knowing who you're hiring. Check any NZ builder against the public record: company status, licensing and insolvency notices, from the official NZ sources.
Sources: Health and Safety at Work Act 2015 section 17; WorkSafe NZ — domestic premises guidance. General information for NZ homeowners, not legal advice. Building rules change and vary by council, so confirm critical details on the official source before acting. Last updated 2026-05.