Can LBP imposters be stopped? 

Builders attending a recent PlaceMakers LBP seminar in Napier were surprised to learn that despite cases of Licensed Building Practitioner numbers being used fraudulently, there is no avenue available for them to stop it happening  

The public register of Licensed Building Practitioners is available online for anyone to view. The intent is to make it easy for homeowners to: 

• Find an Licenced Building Practitioner. 

• Check that a person is licensed. 

• View an LBP’s licence history. 

• Find out if a Licenced Building Practitioner has been disciplined in the last three years. 

While this works well for homeowners, it has raised questions around the transparency of the system due to non-LBPs using the names and LBP numbers of others to carry out Restricted Building Work. The repercussions of this are two-fold – the building work is carried out by a non-qualified individual, and the the LBP number used means an unknowing LBP is technically liable for work they never carried out. 

While homeowners can verify the identity of their LBP by checking thier hard copy or digital ID against the register, there is currently no central system that automatically alerts practitioners when their licence number is used on a project. 

The issue was raised during a recent PlaceMakers LBP seminar in Napier, where several builders questioned whether additional safeguards should exist, such as notifications when documents are submitted under their licence number or access to a record of all work associated with their licence. 

In response to questions from Under Construction, MBIE said it continues to investigate complaints relating to the misuse of LBP numbers and has successfully prosecuted offenders. 

“It is an offence under the Building Act 2004 for someone to present themselves as a Licensed Building Practitioner (LBP) when they are not appropriately licensed,” said Bevan Yee, National Manager Occupational Regulation (Acting) at MBIE. 

“It is also an offence to use someone else’s LBP licence number or to engage another person to carry out or supervise restricted building work if that person is not an LBP.” 

Complaints have led to prosecutions 

MBIE said two individuals have been prosecuted for misusing LBP numbers since the inaugural case in March 2020. 

“The two cases since March 2020 were identified after MBIE’s Occupational Regulation team received complaints through the online building practitioner’s complaints process,” Yee said. 

“These complaints triggered investigations, which confirmed that LBP numbers had been used without the licence holder’s knowledge or authorisation.” 

MBIE said the complaints process provides visibility of potential misuse, although it relies on issues being reported. 

Where offences are identified, MBIE can investigate potential breaches of both the Building Act 2004 and the Crimes Act 1961. 

Penalties can include fines of up to $20,000 for individuals and $60,000 for companies. In some cases, offenders can also face imprisonment. 

How licence numbers are checked 

Applications for building consent involving Restricted Building Work must include a Certificate of Work under section 45(2) of the Building Act. 

MBIE said Building Consent Authorities (BCAs) typically verify the details provided against the LBP register as part of their consent processes. 

Checks can also occur at other points throughout a project, including during inspections. 

The ministry noted that councils, registered private BCAs, builders, employers and homeowners all have a role to play in verifying licence details and raising concerns if something appears incorrect. 

Anyone can also verify a practitioner’s credentials through the public LBP register. 

Yee said homeowners “play an important role in checking licence details and raising concerns where something does not look right”, and they should request to see an LBP’s digital licence, which includes a QR code linking directly to the practitioner’s photograph and registration details on the public register. 

What practitioners can do 

While there is no single system that automatically provides LBPs with a list of projects linked to their licence number, MBIE said practitioners who have concerns can seek information directly from councils. 

“LBPs who want to check whether their licence number has been used without their knowledge should contact the relevant BCA to request information about work recorded against their number,” Yee said. 

Practitioners who believe their licence number has been used without permission can also make a complaint through MBIE’s LBP complaints process. 

The Building Practitioners Board, an independent statutory body established under the Building Act 2004, is responsible for overseeing the Licensed Building Practitioners Scheme, with support from MBIE’s Occupational Regulation team.