Non-LBPs carrying out Restricted Building Work

The responsibility for enforcing Building Act offences by non-LBPs is shared between the Ministry of Business, Innovation and Employment (The Ministry) and Building Consent Authorities (BCAs).

A BCA should refuse to issue a building consent for proposed Restricted Building Work (RBW) if the consent application is not accompanied with a Certificate of Design Work.

A BCA can issue the owner/building consent holder with a ‘notice to fix’ to stop any further building work if an application does not identify the LBPs who are to carry out RBW.

Since September 2012 BCAs have been able to issue an infringement notice for $750 to a person who carries out RBW while unlicensed, inappropriately licensed or unsupervised.

You will need to contact the BCA/Council directly to discuss making a complaint with them. You can locate contact details for councils here:

New Zealand Local Government(external link)

The Ministry may also prosecute a building practitioner and/or homeowner if they:

  • hold themselves out to be an LBP while not being so; or
  • undertake RBW while not appropriately licensed or supervised to do so ; or
  • knowingly engage a non-licensed building practitioner to undertake RBW.

You can raise concerns about a non-licensed building practitioner via the building practitioner complaint form here:

Allegations against non-licensed building practitioners or others form(external link)