126: Why it is crucial for LBPs to make sure a building consent is issued before starting work

In New Zealand’s construction industry, Licensed Building Practitioners (LBPs) play a vital role in maintaining the integrity, safety, and compliance of building projects. 

One of the most critical responsibilities of an LBP is to make sure that a building consent has been issued before any physical work begins, if a consent is necessary for that work. This is not just an administrative formality — it is a legal obligation that can seriously affect the practitioner, the client, and the wider community.

Legal compliance and accountability

Under the Building Act 2004, most building work requires a building consent issued by the local council. This includes structural work, plumbing, drainage, and any alterations that affect the building’s safety or functionality. 

LBPs are held to a higher standard of accountability due to their professional status and are expected to understand and follow the legal requirements.

Starting work without a building consent goes against the Building Act and can lead to serious consequences, including fines, disciplinary action by the Building Practitioners Board, and even prosecution. For LBPs, this could mean losing their license, damaging their reputation, and facing financial penalties. 

Making sure there is a consent protects the practitioner from these risks and reinforces their commitment to professional standards.

Protecting the client and the project

Clients rely on LBPs for expert guidance and assurance that their building project will be completed safely and legally. 

If work begins without a building consent, the client may face delays, increased costs, and legal complications. For example, councils can issue a Notice to Fix, which means the work must stop until the client gets consent.

By making sure that a building consent has been issued, LBPs protect their clients from these disruptions. It also confirms that the project can get a Code Compliance Certificate (CCC) when it’s finished. This is essential for future property transactions, insurance, and financing.

Quality and safety

Building consents are not just about paperwork — they make sure that construction meets the New Zealand Building Code. 

The consent process involves detailed checks by council officers, including structural integrity, fire safety, moisture control, and energy efficiency. These checks help keep people safe and make sure buildings meet proper standards.

LBPs who start work without a building consent skip an important safety check, which can put the strength and safety of the building at risk. Waiting for consent shows that LBPs take quality and public safety seriously.

Professional integrity and reputation

The construction industry in New Zealand is built on trust, professionalism, and transparency. LBPs are expected to uphold these values in every aspect of their work.

Starting a project without a building consent breaks the trust placed in the LBP and can damage their reputation among peers, clients, and regulatory bodies.

A strong professional reputation is key for long-term success. LBPs who consistently follow best practices, including checking consents, are more likely to receive repeat business, positive referrals, and recognition within the industry.

Avoiding future liability

Doing building work without a consent can lead to serious legal and financial problems later on. Even if the work is done well, the LBP could still be held responsible if something goes wrong, like structural issues or not meeting the Building Code. Insurance companies might not cover any damage, and future owners could take legal action or ask for compensation.

By getting a building consent before starting work, LBPs protect themselves. It shows they’ve followed the rules and provides a clear record of compliance. This can be very helpful if there are any disputes or inspections in the future.

Conclusion

For LBPs in New Zealand, getting building consent before starting work isn’t optional—it’s a key responsibility. It protects the builder, the client, and the building itself. It also shows the work meets legal standards and supports safety, quality, and professionalism.

In an industry built on trust and expertise, LBPs need to set the standard. Checking that a consent is in place is a simple but powerful way to show leadership and make sure every project starts off right.

Look out for more key themes in complaints to the Board in upcoming Codewords articles.

Quiz

1. What is the primary legal document that governs building consent requirements in New Zealand?

   1. Resource Management Act 1991
   2. Building Act 2004
   3. Health and Safety at Work Act 2015

2. What could happen if an LBP begins building work without a valid building consent?

   1. The project may be eligible for fast-track approval
   2. The LBP could receive a commendation for efficiency
   3. The LBP may face fines, disciplinary action, or prosecution
   4. The building will automatically be deemed compliant

3. What does obtaining a building consent help verify about the proposed building work?

   1. That it meets the New Zealand Building Code
   2. That it will be completed within budget
   3. That it uses only locally sourced materials
   4. That a registered architect designs it