TRADIE ACADEMY
The new Code of Ethics for licensed builders As a Licensed Building Practitioner (LBP), you enjoy a privilege that isn’t available to anyone else – the exclusive right to do the more complex residential building work. No-one else is allowed to. But that privilege comes at a price – you have to prove your credentials, you have to keep upskilling, you have to closely supervise your staff, and you have to answer to the Building Practitioners Board (the “BPB”) if anyone files a complaint about you.
with a building consent, failing to submit a record of work promptly, obtaining a licence under false pretences, misrepresenting or working outside of his or her competence, and doing something that brings the LBP regime into disrepute.
However, there’s no point in feeling singled out or hard done by. Every occupation that has been granted a monopoly over their type of work – including lawyers, doctors, dentists, engineers, architects, electricians, plumbers, drainlayers and gasfitters – are all subject to much the same controls. But the reason I feel sympathy for the licensed builder is that the work that they do is often the biggest investment their clients are going to make in their lives. Which means it’s going to drag on a long time, cost a lot of money, and put the owners under a lot of stress. Consequently, there’s a much greater risk of the relationship falling apart, and therefore a much greater risk of an eventual complaint, than, for example, when a lawyer prepares a will, or a dentist fills a tooth.
Ever since 2012 the BPB has also had power to discipline a LBP for a breach of the LBP Code of Ethics. Only there hasn’t been a LBP Code of Ethics, until 25 October this year. Now there is one, and it significantly broadens the grounds on which a LBP can be disciplined. Bear in mind that you are only bound by the Code of Ethics while you hold a current licence that is not suspended. But if you breached the Code while you were fully licensed, the BPB can still discipline you whether or not you are still a LBP.
Ever since licensing got underway in 2012 the BPB has been investigating complaints about LBPs and imposing penalties in appropriate cases. But homeowners can’t get the BPB to investigate any old grievance they may have. The grounds under which the BPB can discipline a LBP are strictly defined under section 317 of the Building Act. They are limited to such things as being convicted of a serious offence, being negligent or incompetent, working outside the LBP’s licence, not complying
To avoid straying into an unexpected trap, it pays to know what the Code of Ethics requires of a LBP. Because it goes a lot further than just being a nice person, acting with integrity, upholding high standards, being honest and law-abiding, behaving fairly and reasonably, and similar kinds of things. There are 19 different requirements, and you won’t satisfy them all just by applying common sense. Some of them will take you by surprise.
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