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Unlicensed builder fined over Restricted Building Work

02 Oct 2026, Building & Housing, Industry News, News, Prove Your Know How, Regulatory

An unlicensed builder has been fined after carrying out structural framing, roofing and wall cladding work on a new home without the licence or supervision required by law

Jason Williams has been fined $5,600 for carrying out Restricted Building Work (RBW) while unlicensed and without supervision from a Licensed Building Practitioner (LBP).

Williams pleaded guilty to one charge under the Building Act 2004 and was sentenced in the Masterton District Court on 14 August 2026. He was also ordered to pay $130 in court costs and $1,000 in emotional harm reparation to the homeowner.

The prosecution was led by the Ministry of Business, Innovation and Employment (MBIE).

Remedial work required

Between May and December 2022, Williams carried out RBW on a new residential dwelling. The work included structural framing, roofing and wall cladding.

He did not hold the required licence at the time and was not supervised by an LBP.

According to MBIE, the work required significant remediation, including recladding and repairs to the roof and interior of the home. The homeowner was also unable to obtain warranties for some of the completed work.

MBIE Acting National Manager Occupational Regulation Bevan Yee said RBW covered important parts of a home.

“Restricted Building Work includes important structural and weathertightness features that help keep homes safe and durable. The Licensed Building Practitioner scheme helps give homeowners confidence that this work is being carried out by people who have demonstrated the skills and knowledge needed to do the job properly,” said Yee.

“This prosecution reinforces the importance of using appropriately Licensed Building Practitioners for Restricted Building Work. MBIE investigates complaints and takes enforcement action where appropriate to help protect consumers and support confidence in New Zealand’s building system.”

What counts as restricted building work?

RBW generally covers building or design work that is critical to the integrity of a residential building.

It includes work involving the primary structure – the structural elements that resist vertical and horizontal loads – and external moisture management systems that prevent water entering and help control moisture within the building fabric.

It can also include the design of fire-safety systems in purely residential apartment buildings of less than 10m in height.

RBW must be carried out or supervised by an LBP who holds the appropriate licence class. It is not limited to work requiring a building consent and can include some consent-exempt building work.

Second builder fined

The case follows another prosecution announced by MBIE in September involving unlicensed RBW.

Auckland builder Angelo Madut was fined $8,000 plus court costs after being found guilty of carrying out restricted foundation work before obtaining an LBP licence and knowingly making a false or misleading statement under the Building Act.

During a building inspection, Madut told an inspector that another licensed practitioner had supervised the work and provided a copy of that practitioner’s licence.

MBIE’s investigation found that the practitioner had not been involved in the project and had not authorised the use of their licence.

“Restricted Building Work must be carried out or supervised by appropriately licensed practitioners. It is an offence to use another practitioner’s licence without their consent,” said Yee.

In June 2026, Under Construction asked MBIE if there was anything LBPs could do to stop their numbers being used fraudulently.

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.

Homeowners and industry participants can check whether a practitioner is licensed by asking to see their licence card or searching the LBP Public Register.


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