MBIE’s message is clear: Own your work. Know the consent. Check it yourself.
A recurring theme in complaints to the Building Practitioners Board is Licensed Building Practitioners (LBPs) using Building Consent Authorities (BCA) as quality control. This is a misunderstanding of the regulatory framework and could lead to disciplinary action. The Building Act is quite clear on the responsibilities of the various parties involved in the building construction process.
Understanding roles in the building process
The owner
- Responsible for obtaining any necessary consents, approvals, and certificates before and after building work
The LBP
- Must ensure that all building work complies with the building consent and the associated plans and specifications
- Should always confirm that a building consent has been issued (if required) before starting work
- Must ensure that the work is carried out or supervised in accordance with the requirements of Building Act
Building Consent Authority (BCA) Inspectors
Responsible for checking that:
- Building consent applications comply with the Building Code
- Building work has been carried out in accordance with the issued consent
Common missteps
The Building Practitioners Board have seen cases where LBPs assumed that if a BCA inspector didn’t raise an issue, the work must be compliant. This assumption is incorrect.
For example, an LBP might install a structural element incorrectly, believing that any problem will be picked up by the BCA during the inspection. If the inspector doesn’t notice the error the mistake remains. The LBP is still responsible, and this incorrect work can lead to disciplinary action.
Board decisions reflect the risk
In several Board decisions, LBPs were found to have failed in their duties by relying on BCA inspections to validate their work. The Board has consistently ruled that the absence of a correction notice, or failed inspection does not absolve the LBP of responsibility.
Why this matters?
Relying on inspectors to catch mistakes undermines the integrity of the building process. It can result in:
- non-compliant work being built and certified
- increased risk of building failures or defects
- loss of public confidence in the LBP scheme
- disciplinary action, including suspension or cancellation of licence
MBIE guidance makes it clear: LBPs must take proactive responsibility for the correctness of the work, not wait for someone else to point out what’s wrong.
Best practice: Be your own inspector
To avoid complaints and uphold professional standards, LBPs should:
- review work thoroughly before inspections
- use checklists and internal QA processes
- train staff and subcontractors to understand compliance requirements
- document decisions and supervision activities
- treat inspections as confirmation, not discovery
MBIE encourages LBPs to adopt a mindset of ‘build it right the first time', not ‘build it and see if the inspector finds anything’. This approach protects the homeowner, you as the LBP, and the integrity of the building system.
Conclusion
The BCA inspector is not your safety net. LBPs must understand that inspections are limited and cannot be relied upon to catch every mistake. The responsibility for compliance lies squarely with the practitioner.
MBIE’s message is clear: Own your work. Know the consent. Check it yourself. Because when things go wrong, it’s not the inspector who answers to the Board, it’s you.
Record your Codewords articles relevant to your licence class and complete the quiz for your LBP skills maintenance requirements.
