What we’re doing

WorkSafe is developing a draft code of practice for residential construction.

It will set out expectations under the Health and Safety at Work Act 2015 (HSWA), helping businesses reduce harm and confidently meet their legal duties. If approved by the Minister for Workplace Relations and Safety, the document will be issued as an approved code of practice (ACOP).

The draft working title is: Approved code of practice for roles and responsibilities in residential construction.

Outcomes we’re aiming for

This ACOP aims to make it easier for businesses to:

• reduce preventable harm by clarifying roles and responsibilities and expected practices for everyday scenarios
• have some certainty about “what good looks like” under HSWA
• support safer, more confident decision making in this high-risk sector.

This reflects the strategic direction set out in WorkSafe’s 2025–2029 Statement of Intent, which focuses on educating and engaging businesses.

Definition of residential construction

For this ACOP, residential construction means the building or renovating of homes and multi-unit dwellings where people live. It includes, but is not limited to, standalone homes, townhouses, apartments, and developments, including government developments.

Definition of an ACOP

An ACOP sets out standards for how duty holders can comply with the Health and Safety at Work Act 2015 (HSWA) and its regulations. They differ from other types of HSWA guidance in three ways:

• An ACOP can be used as evidence of whether or not a duty or obligation under HSWA has been complied with.
• WorkSafe ACOPs are approved by the Minister for Workplace Relations and Safety.
• Developing ACOPs must include consultation with people affected.

ACOPs aren’t mandatory

It isn’t mandatory to follow an ACOP, but it sets a standard for compliance. You can meet your duty another way as long as it is equivalent or better than the standard set out in the ACOP.

Why we’re developing this ACOP

Construction is high risk

Residential construction has a high:

• volume of activity in the wider construction industry
• rate of injuries, including body stressing, slips, trips and falls, falls from height, and incidents involving tools.

Clarity on roles and responsibilities is needed

Most of the residential sector is made up of small-to-medium operators, who typically:

• don’t have in-house health and safety specialists
• sometimes assume another party is responsible for managing risks
• report uncertainty about shared work arrangements where multiple parties have health and safety duties in relation to the same matter. 

Younger workers and migrant workers, who are common in the sector, are especially vulnerable when expectations aren’t clear.

Ministerial directive for change

Through Workplace Relations and Safety Minister the Hon Brooke van Velden’s 2024 public consultation and our industry survey, the sector expressed strong support for clear practices written in plain language. 

In mid-2025, the Minister confirmed that we would develop an ACOP focused on clarifying roles and responsibilities in construction, with a specific focus on the residential sector. 

Clearer rules and prequalification guidance to support construction | Beehive.govt.nz(external link)

This new ACOP aims to make it easier for everyone to:

• understand what good health and safety practices look like
• reduce confusion about shared work arrangements
• help prevent harm on site.

Timeline

We are working towards providing the completed draft code of practice to the Minister for consideration for approval by 30 June 2026. This will follow drafting, testing, and public consultation phases. 

ACOP scope

In scope

The ACOP will focus on roles and responsibilities in residential construction. It will apply to construction businesses including specialist trades that work on the sites. For example, plumbers, electricians, and roofers.

It will address health and safety responsibilities under HSWA, focusing on shared work arrangements where more than one person or business has health and safety duties in relation to the same matter.

We’re also adding clarity to homeowners on what their duties are if they are building or renovating a house.

Out of scope

The wider construction sector, such as civil and commercial construction. 

How we're developing the ACOP

A collaborative approach

To ensure this ACOP reflects the practical realities of the industry, we're engaging with a broad cross-section of stakeholders. Builders, other tradespersons and industry bodies will engage in workshops, testing and consultation, to ensure that the draft code of practice reflects everyday site scenarios in the residential construction sector. We have WorkSafe subject matter experts working across all these groups.

Can I join one of these groups?

We appreciate the strong sector interest from those wanting to participate. Given the advanced stage of the drafting process, the upcoming public consultation will now be the most effective way for reviewing and commenting on the draft code of practice. 

Public consultation starts in April

There will be a public consultation to gather broad and detailed input from the sector on the draft code of practice. This consultation is being planned between 20 April and 10 May 2026. Information on this will be published on this page as soon as it’s available.

How feedback will be used

We will consider all feedback. The draft code of practice will then be revised and finalised and given to the Minister to be considered for approval by 30 June 2026. 

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We want to hear from you

Your insights are important to us, please share your feedback on this work.

If you have any questions, please contact the ACOP Delivery Team at ACOPDelivery@worksafe.govt.nz