Avoiding LBP pitfalls

This Issue This is a part of the Licensed building practitioners feature

By - , Build 157

Complaints about licensed building practitioners are rising. To avoid attracting one, it pays to be clear about your obligations, particularly around records of work and supervision.

THE BUILDING PRACTITIONERS BOARD is receiving an increasing number of complaints each year about the conduct of LBPs. In the 2015/16 year, the Board received 193 new complaints or inquiries against LBPs, an increase of 71% from the previous year (see Figure 1)

In that same year, the Board disciplined 80 LBPs through a formal hearing out of a total of 161 complaints heard or considered by the Board.

While the increase in complaints is unfortunate, it tells us that the mechanisms in the scheme are working towards improving the sector’s capabilities.

Among the complaints, there are a number of common areas of misunderstanding that can lead to a complaint being laid. By being well informed about some of the issues that keep arising, LBPs can potentially avoid these common pitfalls.

Always issue records of work

The Board and MBIE have communicated extensively about records of work. However, there is still some confusion over what a record of work is and when one is required.

The best way for an LBP to avoid complaints about records of work is to ensure you issue one for any restricted building work you do or supervise. This is regardless of whether you are paid for it or not or whether someone completed the work after you left the site.

It is a statutory obligation to provide a record of work upon the completion of your restricted building work, and this is not mitigated by a dispute about money.

On a record of work, you should identify what work you have carried out or supervised, even if you didn’t complete the work (for example, writing ‘I only did the eastern wall’, or ‘I did the framing and no plasterboard installation’).

For further information, see previous articles in Codewords 71 and 74 and Build 156, Restricted building work (pages 92–93).

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What is sufficient supervision?

As licensed individuals, LBPs can either carry out or supervise restricted building work providing the work is covered by a licence they hold. Through the complaints function, it has become clear that the supervision component of licensing is not well understood.

The term ‘supervise’ is defined in section 7 of the Building Act:

‘supervise, in relation to building work, means provide control or direction and oversight of the building work to an extent that is sufficient to ensure that the building work –

a. is performed competently; and

b. complies with the building consent under which it is carried out.’

Good oversight and work competently done

In general terms, this does not require a supervisor to be on site at all times. However, the supervising LBP must have sufficient contact with and oversight of the building work to ensure the work is performed competently and in accordance with the building consent.

You would not, for example, ask a first-year apprentice to set up the profiles for a new residential building without providing a suitable level of support and having confidence in their ability. Adequate supervision is as much about common sense as anything, so please consider the above when you are undertaking this role.

Pointers to think about

In particular, when providing supervision to other non-LBPs, an LBP should be conscious of the:

  • type and complexity of the building work to be supervised
  • experience of the person being supervised
  • supervisor’s experience in working with the person being supervised and confidence in their abilities
  • number of persons or projects being supervised
  • geographic spread of the work being supervised.

This aligns with the Board’s thinking around the application of adequate supervision, which is further discussed in complaint decision C2-01143. This complaint should be read by anyone who undertakes supervision as an LBP.

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Lack of regulatory knowledge

Many complaints received about LBPs related to a lack of understanding or awareness of the building law or the rules that govern building work. Some examples of LBPs not following the rules are:

  • commencing building work before a building consent has been issued
  • failing to build in accordance with a building consent (substituting a product or using a different design to that detailed on the plan)
  • not seeking a formal amendment or minor variation to a building consent when one is required
  • working outside the parameters of Schedule 1 of the Building Act – the exempt building work provisions – without a building consent
  • breaching district planning or Resource Management Act consent requirements.

You need to contact the homeowner and designer to raise the issue if:

  • you don’t have a building consent where one is required
  • the consent doesn’t make sense
  • there are errors in the consent
  • there are crucial details missing from the consent.

Carrying on work in a manner different from the consent or without one when a consent is needed, even with good intentions, means you may be acting contrary to the Act’s requirements. As a result, you could face disciplinary action from the Board.

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Poor contract administration

Many complaints included aspects of poor contract administration or where a complete contractual breakdown had occurred. The Board cannot consider civil matters that directly relate to contract management. However, it can examine a practitioner’s regulatory knowledge around contract administration, estimating quantities and coordinating material supply in respect of the licence they hold.

It is worth noting here that contracts became mandatory for all residential works exceeding $30,000, including GST, on 1 January 2015.

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Why does it matter?

While complaints over the long run will raise standards in the industry, it is important to be aware of the pitfalls and to avoid them by taking proactive steps.

A disciplinary action by the Board will stay on your public register page for 3 years, and it may have an impact on your reputation or ability to bid for new jobs.

All LBPs should be proud of their LBP licence – it is a mark of quality, competence and ownership of work. It is an achievement to maintain a licence, and it will benefit the licensed practitioners throughout the industry as time progresses and further value is added to the licence and brand.

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For more

Go to www.building.govt.nz, then Getting started, and Builder and designer rights and obligations.

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Articles are correct at the time of publication but may have since become outdated.

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