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Building practitioners: Are you licensed?

The Licensed Building Practitioners (“LBP”) regime came into full effect on 1 March 2012. It will come as no surprise to many in the industry as the regime has been in the pipelines for a number of years now to give those effected time to adjust. From 1 March 2012 any building work that comes within the definition of “restricted building work” and does not satisfy the DIY exemption must be carried out or supervised by an LBP. 

What is restricted building work? 

Restricted building work is work related to the primary structure or external moisture management system of a house or small-to-medium apartment building and includes bricklaying/blocklaying, carpentry, external plastering, foundations, roofing and design. 

In terms of design work, any fire-safety system attached to or forming part of a small-to-medium apartment building is specifically declared to be restricted building work. 

Monitoring of compliance 

Before restricted building work commences under a building consent, an owner must give the relevant building consent authority written notice of the name of every LBP who has been engaged to carry out or supervise the restricted building work that is the subject of the consent (where not already stated in the application for consent). Written notice must also be given of any changes regarding the LBP that is carrying out or supervising the work. 

On the completion of restricted building work, LBPs must provide the owner and the relevant territorial authority with a record of work. The record of work must be in a certain form, and state what restricted building work the LBP carried out or supervised. The owner must provide a copy of the record with an application for a code compliance certificate. 

Consequences of non-compliance 

Code compliance certificates will not be issued for building work that includes restricted building work without satisfactory evidence of the involvement of an LBP. Both building practitioners and homeowners are potentially liable for substantial fines of up to $20,000 if they breach the LBP requirements. 

Other requirements 

To remain licensed, LBPs must continue to meet minimum competency standards (to be prescribed by regulation). LBP qualifications and disciplinary history are also recorded on a public register, and they are subject to a disciplinary regime administered by the Building Practitioners Board. 

If you would like further information please contact Daniel Shore on 07 958 7477.

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