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Complaints to the Building Practitioners Board

The Building Practitioners Board

The Building Practitioners Board (the Board) hears complaints made about the conduct of LBPs. To be able to make a complaint about an LBP you need to ensure that:

  1. The person you are complaining about was an LBP when the conduct occurred.
  2. The conduct you are complaining about should come within one or more of the ‘grounds for discipline’ listed in section 317 of the Building Act 2004. (see below)
  3. You can provide sufficient evidence to support your complaint.
  4. Your complaint is made on the approved form.

The Board cannot hear complaints regarding payment disputes; commercial or contractual disputes including employment disputes.

 

Grounds for discipline

A complaint to the Board regarding the conduct of an LBP, should, if known, identify at least one of the grounds summarised below:

The LBP must have

  • Carried out or supervised building or building inspection work negligently;
  • Carried out or supervised building or building inspection work incompetently;
  • Carried out or supervised building or building inspection work that did not comply with a building consent;
  • Without good reason failed to provide a certificate of design work with a building consent application relating to restricted building work that they were to carry out or supervise (except as an owner-builder);
  • Without good reason failed to provide a record of work on completion of restricted building work;
  • Held themselves out as being licensed to carry out or supervise building or building inspection work, when not licensed to do so;
  • Misrepresented their competence;
  • Carried out or supervised building work outside of their competence; Carried out (except as an owner-builder) or supervised restricted building work or building inspection work of a type that they were not licensed to carry out or supervise;
  • Conducted themselves in a way that brought or was likely to bring the LBP scheme into disrepute;
  • Been convicted of an offence carrying a penalty of at least 6 months imprisonment, which reflects adversely on their fitness to carry out or supervise building work or building inspection work;
  • For the purposes of becoming licensed themselves or of anyone else becoming licensed:
    • made any materially false or misleading declaration or representation;
    • produced or used a false document.

 

Complaints that have not proceeded

Your complaint may not be investigated further if:

  • You did not correctly complete the approved complaint form;
  • You made your complaint anonymously;
  • You did not name the LBP;
  • Your complaint is found not to come within at least one of the grounds for discipline;
  • You did not provide enough evidence to support your complaint;
  • Your complaint is found to be frivolous, vexatious or not made in good faith;
  • The conduct you complained about is found to be minor or trivial;
  • Investigation of your complaint is not practicable or is unnecessary;
  • It is not possible to investigate your complaint (i.e. because the LBP is deceased); or
  • The Board has already made a decision about the conduct you have complained about.

Before completing a Complaint form you may find it helpful to read some examples of complaints that have not proceeded.

 

The complaint process and forms

Last updated 7 June 2017