Complaints to the Board
You can make a complaint about a LBP that has carried out work that you believe to be unsatisfactory.
To be able to make a complaint about an LBP you need to ensure that:
- The person you are complaining about was an LBP when the conduct occurred.
- The conduct you are complaining about should come within one or more of the ‘grounds for discipline’ listed in section 317 of the Building Act 2004. (see below)
- You can provide sufficient evidence to support your complaint.
- Your complaint is made on the approved form.
The Board cannot hear complaints regarding payment disputes; commercial or contractual disputes including employment disputes.
Here are a couple of useful guides.
Grounds for discipline
A complaint to the Board regarding the conduct of an LBP, should, if known, identify at least one of the grounds summarised below:
The LBP must have:
- carried out or supervised building or building inspection work negligently
- carried out or supervised building or building inspection work incompetently
- carried out or supervised building or building inspection work that did not comply with a building consent;
- without good reason failed to provide a certificate of design work with a building consent application relating to restricted building work that they were to carry out or supervise (except as an owner-builder);
- without good reason failed to provide a record of work on completion of restricted building work;
- held themselves out as being licensed to carry out or supervise building or building inspection work, when not licensed to do so;
- misrepresented their competence;
- carried out or supervised building work outside of their competence; Carried out (except as an owner-builder) or supervised restricted building work or building inspection work of a type that they were not licensed to carry out or supervise;
- conducted themselves in a way that brought or was likely to bring the LBP scheme into disrepute;
- been convicted of an offence carrying a penalty of at least 6 months imprisonment, which reflects adversely on their fitness to carry out or supervise building work or building inspection work;
- for the purposes of becoming licensed themselves or of anyone else becoming licensed:
- made any materially false or misleading declaration or representation;
- produced or used a false document.
Complaints that did not proceed
Your complaint may not be investigated further if:
- you did not correctly complete the approved complaint form
- you made your complaint anonymously
- you did not name the LBP
- your complaint is found not to come within at least one of the grounds for discipline;
- you did not provide enough evidence to support your complaint
- your complaint is found to be frivolous, vexatious or not made in good faith
- the conduct you complained about is found to be minor or trivial
- investigation of your complaint is not practicable or is unnecessary
- it is not possible to investigate your complaint (i.e. because the LBP is deceased) or
- the Board has already made a decision about the conduct you have complained about.
Before completing a Complaint form you may find it helpful to read some examples of complaints that have not proceeded.