Competence in Design

Codewords 96: August 2020

Good designers are not only competent, they also know the limits of their competence. Working within these is vital for delivering quality work and is also important when it comes to accountability.

Good designers are not only competent, they also know the limits of their competence. Working within these is vital for delivering quality work and is also important when it comes to accountability.

The LBP scheme recognises three areas of practice to reflect different levels of competency. These areas of practice are defined by the category of building the designer has been assessed as competent to work on:

• Design 1 applies to category 1 buildings only.
• Design 2 applies to category 1 and 2 buildings.
• Design 3 applies to category 1, 2 and 3 buildings.

Different categories, different complexity

These categories identify different types of buildings based on risk factors, complexity and intended use:

• Category 1 buildings are single residential units with a risk matrix score of less than 12 for any external elevation.
• Category 2 buildings are single residential units with a risk matrix score of 12 or more for any external elevation or buildings with multiple residential units that are less than 10 m in height. This height is measured from the surface of the ground floor level to the surface of the top floor level.
• Category 3 buildings are buildings with multiple residential units with a height of greater than 10 m and buildings that contain parts that are not residential.

As the complexity and risk factor of a building increases, so too does the necessary competence of the designer.

Designers must work within their competency

Designers are trusted to work within their competency, understand their limitations and seek further assistance or supervision when required. Section 314B of the Building Act explicitly states that LBPs must work within their competence and must not misrepresent their competence.

If you believe you are competent to be working on higher-category buildings independently, consider getting reassessed to a higher area of practice so your additional competence can be verified and recognised.

Even if a building is covered by your area of practice, you should be cautious about the limitations of your ability. An example might be where you have completed many 2-storey houses on a flat site but have never completed a 2-storey house on a hill. In this instance, you should seek guidance or assistance from a suitably qualified person or get your documents peer reviewed. If you fail to do so and the resultant design is defective, you can still be found to be negligent or incompetent under section 317(1)(b), even if the design is within your area of practice.

Increase in working outside competency

The Building Practitioners Board is seeing an increasing number of designers working outside their area of practice and competency level. Many Design 1 LBPs calculate risk matrices incorrectly and believe they are working on a category 1 building when it is in fact category 2. They then work outside their area of practice on complex category 2 buildings, which results in them exceeding the limits of their competence.

LBPs working outside their competency can be found to have been negligent, incompetent or to have breached section 314B of the Act. This can lead to disciplinary measures such as fines and suspension or even cancellation of licensing.

It’s also worth noting that working outside your competency under the Building Act could also have implications with professional indemnity cover. Insurers may take a dim view of this and refuse your claim and make future reinsurance difficult.

Use your licence responsibly

The LBP Scheme is designed to recognise the competence of designers so consumers can choose the right person for the job and practitioners can be held accountable for their professional conduct by the Building Practitioners Board.

We rely on designers to use their licence responsibly to ensure we can build better homes for all.

Quiz Questions:

1. What should I do if part of a design is outside my level of competence?

1. Seek guidance from an LBP or Registered Architect who is competent to carry out the design
2. Upskill by carrying our training or research
3. Carry on as normal if it is covered by your area of practice
4. A and/or B may be acceptable, depending on the situation

2. If you work outside your area of practice you can be disciplined by the board for the following:

1. Misrepresenting your competence
2. Working outside your competence
3. Carrying out work in a negligent or incompetent manner
4. All of the above

3. Why might you get reassessed if you believe you are competent to work independently outside your current area of practice?

1. So that an independent assessor can verify that you meet minimum standards
2. So that your competence can be recognised by employers, consumers and Territorial Authorities
3. So you are in a better position to defend your competency should there be complaints against you
4. All of the above