Defining supervision

Building Practitioners Board extends definition of supervision to cover non-restricted work

As most Licensed Building Practitioners are aware, LBPs can supervise non-LBPs carrying out restricted building work (RBW) to ensure that they are doing it well and that the work complies with the building consent.

This is backed by the definition of supervision as defined in section 7 of the Building Act 2004:

• Supervise, in relation to building work, means provide control or direction and oversight of the work to an extent that is sufficient to ensure that the building work —

a) is performed competently; and 

b) complies with the building consent  under which it is carried out.

If somebody complains to the Building Practitioners Board (BPB) about the work, the supervising LBP might be held accountable for any defects or negligence.

However, this raises the question: does the definition of supervision mean an LBP can’t be held responsible when they are supervising work which is not covered by a building consent?

Supervision reinterpreted

A recent BPB decision makes clear that its own definition of supervision differs from what is written in the Act.

BPB decision C2-01143 states that supervision applies to:

• All building work (consent or no consent) carried out under the supervision of an LBP.

Because no Record of Work needs to be filled out for non-RBW, there is no ‘proof’ that the LBP in question was indeed supervising the work.

As a result, any complaints in this type of situation would need to be investigated on a case-by-case basis before the LBP could be held accountable.

For example, it may be that the complainant has evidence that the LBP was supervising or working, such as correspondence between the two parties.

LBPs not liable for other LBPs

If you are an LBP and supervise someone who is not licensed, you might be accountable for the work they perform under your supervision. However, MBIE has issued guidance explaining an LBP cannot supervise another LBP who holds the same licence.

For example, a Carpentry LBP cannot supervise another Carpentry LBP because both are considered competent carpenters. Therefore, they should both fill out an RoW for their own work and will each be accountable to the BPB for that work.

The same applies for design. A design LBP can supervise a ‘non-LBP’ designer and the supervising LBP must complete the applicable Certificate of Work (CoW).  If they are both licensed, they should each complete a CoW for the work they did.