Unlicensed Builder Fined For Carrying Out Restricted Building Work

• Unlicensed builder fined over $5,000 for carrying out restricted building work.
• The court also ordered the unlicensed builder to pay reparation and emotional harm.
• Consumers urged to check LBP register when hiring building practitioners.

An unlicensed builder has been fined after an investigation by Ministry of Business Innovation and Employment’s (MBIE) Occupational Regulation team found the man to be in breach of the Building Act 2004.

57-year-old Richard Barry Dodd faced one charge of carrying out restricted building work while his licenced building practitioner (LBP) licence was suspended, one charge of providing false and/or misleading oral information and one charge of providing false and/or misleading written information at the Kaitaia District Court.

The MBIE investigation found that Mr Dodd carried out a renovation project while his licence was suspended and misled Auckland Council during their inspection of the building by stating that he was an LBP as well as issuing a Record of Work stating that he held an LBP Carpentry licence upon completion of the project.

The Court fined Mr Dodd $3,279.80 for carrying out restricted building work while unlicensed and ordered him to pay $4,880.81 reparation costs and $1,000 emotional harm to the homeowner. Mr Dodd also received a $1,000 fine for providing false and/or misleading oral information and a $1,000 fine for providing false and/or misleading written information.

Please attribute comments to Duncan Connor, National Manager, Occupational Regulation:

“The LBP scheme ensures consumers can be confident that they are hiring properly trained professionals to carry out or supervise restricted building work and I urge anyone engaging a builder to first look them up on the LBP Public Register.”

“By being licensed, LBPs are able to promote their professional skills and behaviour in the building industry and show the public and potential clients that they meet a minimum standard of competency in their licensed area.”

“MBIE will not hesitate to prosecute individuals that breach the Act, and practitioners seeking to carry out restricted building work should do their due diligence and make sure they are properly licensed before commencing the work.”

Holding a licence allows LBPs to carry out or supervise Restricted Building Work (RWB), which includes important and critical residential building work. LBPs must keep their licence up to date while carrying out RBW. Carrying out this type of work without a licence can incur a fine of up to $20,000. Details of RBW are available on the LBP website.

A public register with the names of all LBPs is available and the practitioners should be able to show their licence card when asked. Anyone who is engaging a builder is encouraged to check if they hold a licence by looking them up on the LBP public register.

Details of decision and sentencing:

The defendant was in breach of:

• Section 85 of the Building Act 2004
  • Carrying out restricted building work while unlicensed
    • Fine: $3,279.80
    • Reparation: $4,880.81
    • Emotional harm: $1,000.00
• Section 369 of the Building Act 2004
  • Making false or misleading oral statement
    • Fine: $1,000.00
• Section 369 of the Building Act 2004
  • Making false or misleading written statement
    • Fine: $1,000.00

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