October disciplinary decisions

The Building Practitioners Board has recently issued a number of disciplinary decisions involving Licensed Building Practitioners (LBPs). These decisions remind LBPs of the standards they must meet and what consequences may occur if they don’t.

Several cases involved LBP's not providing a Record of Work when they finished restricted building work. This is a legal obligation under the Building Act. These findings show why it’s important to keep good records to support accountability and transparency in the building process.

Other cases highlight breaches, including substandard workmanship, negligent design practices, misleading consent documentation, and unprofessional conduct. These decisions demonstrate the Board’s commitment to upholding the integrity of the profession and protecting the interests of clients, councils, and the wider public.

All disciplinary findings are recorded on the Public Register for a period of 3 years.

Failure to provide a Record of Work (ROW)

These cases involve Licensed Building Practitioners (LBPs) who failed to provide a Record of Work upon completion of restricted building work, as required under the Building Act. This obligation ensures that homeowners and councils have a clear record of who completed specific aspects of building work.

  • Case 1: $1,000 fine + $700 costs.
  • Case 2: $2,000 fine + $1,500 costs.
  • Case 6: $1,000 fine + $700 costs.
  • Case 7: $1,000 fine + $700 costs.

Substandard building work and negligent design

Case 3

The Respondent constructed two decks that failed to meet Building Code compliance standards. The workmanship was substandard, and the Respondent acknowledged that he had undertaken design work beyond his competence. This case highlights the importance of LBPs working within their skillset and ensuring that all work meets regulatory standards.

Penalty: $2,000 fine + $1,700 costs.

Unprofessional conduct – Breach of Code of Ethics

Case 4

The Respondent was found to have breached clause 19 of the Code of Ethics, which requires LBPs to act professionally and treat others with respect. The breach involved derogatory and demeaning communications with Council staff regarding building consents. The Respondent accepted responsibility for the conduct. This case underscores the expectation that LBPs maintain respectful and professional interactions.

Penalty: $1,650 fine + $2,350 costs.

Misleading Building Consent application

Case 5

The Respondent submitted a Building Consent application claiming the building would be constructed under a MultiProof Approval. However, the application failed to disclose that the building was manufactured in China and would be installed on new foundations. The Board found the application misleading and the Respondent’s conduct negligent. This case serves as a reminder of the importance of transparency and accuracy in consent documentation.

Penalty: $2,500 fine + $2,950 costs.