The Licensed Building Practitioners Board has found a builder guilty of building in a negligent and incompetent manner, building contrary to a building consent and not providing a written record of work after completion of the building.

During construction the position of the house being built was changed because of drainage issues, but approval from the owner was not obtained and not recorded in writing.  There was also a change of roofing materials which was not approved by the owner and not recorded in writing.  The Building Practitioners Board held that work should have stopped on those two items until amendments to the building consent had been approved and issued as these were not minor variations.

In addition the roof was not installed as per the consented plans.

The Board also found that the builder had commenced work prior to safety fencing being put in place and prior to fall protection being put in place.  It held that work should not have commenced until the fencing and fall protection had been provided.

The Board considered that a fine of $4,500 was an appropriate penalty.  It found that the builder was not guilty of bringing the profession into disrepute by his actions.

The Board observed that the builder’s claim that more informal processes were followed on the West Coast was incorrect and that the Building Act requirements applied to all buildings wherever they might be located in the country.



Alan Knowsley