When completing and issuing records of work (RoWs), licensed building practitioners (LBPs) have certain obligations.
The Building Practitioners Board (the Board) continues to receive a high number of complaints about LBPs not issuing RoWs when they are required. Not providing a RoW is a poor reason to come before the Board so please ensure your records are up to date.
You can read more information on how RoWs should be used in Know your stuff: For the record which was in Codewords 71 from March 2016 here.
What are the rules?
Each LBP who carries out or supervises restricted building work (RBW) must, on completion of the RBW, provide a RoW to the homeowner and territorial authority (the local council). This requirement is set out in section 88 of the Building Act. It is also a disciplinary matter for LBPs if a RoW is not provided when one is required – meaning that you could be disciplined by the Board.
What is a RoW for?
A RoW is designed to be a documented record of who carried out or supervised RBW under a building consent.
It protects you by listing only what you did, removing future uncertainly in situations where multiple contractors have performed or supervised RBW on one site. For this reason, the accuracy of the record is important as it will remain with the building records for the life of the building. It serves as an enduring and accurate record of RBW undertaken on-site.
If you were asked today what work you carried out on a project 12 years ago, would you be able to accurately describe that work?
How does this play out in practice?
When you have completed your portion of RBW on-site you should:
-
complete a RoW. If you do not have the RoW template, you may download it here:
-
ensure the record is sufficiently detailed so it describes each aspect of the RBW you either carried out or supervised (your role could include a combination of supervision and doing work)
-
provide a copy of the RoW to both the homeowner and to the local council.
What if I don’t provide a RoW?
You could face disciplinary action by the Board if you do not provide a RoW when one is required. You must not withhold a RoW for non-payment of work under a building contract or simply because you are in dispute with the client.
Failure to provide a RoW is a disciplinary matter for which the Board has zero tolerance.
For a more detailed overview of these requirements, refer to the Board’s decision on the LBP website: Complaint No. C2 01170
Subcontractors and employed LBPs
Whether an LBP is a subcontractor or is employed, they are still accountable to the Board. The Board does not deal with payment or contractual disputes but determines whether the LBP has met their obligations under the Building Act.
Not knowing the owner’s name is not a defence for failing to provide a RoW as there are ways of finding out such details. It is also important to remember who the RoW is for. While it might be a common practice to give it to the main contractor, it is a practice that carries the risk that it may not be passed onto those that require it - the owner and the local council.
A recent Board disciplinary decision found that the above are not good reasons for failure to provide a RoW. The respondent was fined $1000 and ordered to pay costs of $500, even though he had given the RoW to the main contractor, who then failed to pass it on.
