Lessons from Board decisions

The board has recently upheld 21 complaints, meaning they have found the respondent (the LBP who is the subject of the complaint) has committed a disciplinary offence under the Building Act.

Of those 21 upheld complaints, 17 have been about, or have included failure to provide a record of work. The fine for this is generally between $1000 and $1500, along with costs which are often $500.

When an LBP carries out restricted building work (RBW) they must provide a record of work, or, in the case of design work a certificate of work, to the owner of the building and the local council that issued the building consent. These must be provided as soon as possible after the restricted work has been carried out, or in the case where the LBP does not complete the work for whatever reason, the work they have completed to that point.

There are no exemptions to this requirement!

Whether the LBP is employed, is the employer, or is a contractor, they must provide the certificate or record of work. It can’t be withheld because of a dispute or for any other reason.

It is a legislative requirement to provide this document, so don’t wait to be asked for it – it’s not worth $2000 to withhold it.