LBP Compliance Responsibilities When Working as a Subcontractor
It is a common misconception to think that only the main contractor or company needs to meet compliance obligations when a Licensed Building Practitioner (LBP) is working as a subcontractor. This misunderstanding can result in significant legal and professional risks.
Within the building industry, there is a widespread misunderstanding that LBPs do not hold responsibility when working as subcontractors.
Misunderstanding your obligations as an LBP while working as a subcontractor can lead to inadequate supervision of Restricted Building Work (RBW), failure to issue Records of Work (RoW), and poor compliance decisions made under pressure from others. These failures can result in complaints, investigations, suspension, or loss of your LBP licence.
Clarifying the reality
LBP obligations are tied directly to the individual licence holder. They do not depend on how you are engaged or paid. The licensing system is structured this way to ensure that responsibility for critical building work sits with the qualified professional involved, rather than being diluted through contractual arrangements or employment structures.
Whether you are a company director, an employee, or a subcontractor, you are individually accountable as an LBP for any Restricted Building Work (RBW) you carry out or supervise.
Key points to understand
- LBP responsibilities attach to the individual licence holder, not the contract. Even when subcontracted, you must ensure work is performed competently and in accordance with the building consent. In the case of small standalone dwellings, the work must be in accordance with the Building Code.
- Working under a main contractor or project manager does not transfer professional accountability.
- Record of Work (RoW) obligations still apply. If you carry out or supervise RBW, you must provide an accurate RoW for the part of the work you carried out or supervised, regardless of who pays you. The RoW should be provided to both the council and the homeowner. If you do not have direct contact with the homeowner, make sure you at least provide the RoW to the council and the main contractor. This helps protect you where multiple subcontractors are involved, because it defines the part of the project you are accountable for.
- Disciplinary action applies individually. The Building Practitioners Board assesses conduct based on a practitioner’s actions, not their contractual position. Being just a subcontractor is not a defence.
Example 1
An LBP carpenter engaged as a subcontractor installs structural elements on a residential build. If that work is noncompliant or carried out negligently, the LBP may face investigation or discipline, even if the main contractor:
- directed the work
- supplied the materials, or
- controlled the site schedule.
Example 2
Several LBPs work together as subcontractors on the same residential build. One LBP might erect wall framing to the west and north elevations, while another completes framing to the south and east elevations, and another supervises the roof framing. In that situation, each LBP must provide a separate Record of Work (RoW) for the specific Restricted Building Work (RBW) they carried out or supervised. The RoW should clearly describe that portion of the work.
Key takeaway
LBP accountability follows the licence holder, not the contract. You must meet your professional obligations as an LBP when carrying out or supervising RBW, regardless of whether you are a subcontractor.
Quiz
1. When do LBP obligations apply to a practitioner?
-
- Only when they are the main contractor
- Only when they are employed fulltime
- Only when they are paid directly by the client
- Whenever they carry out or supervise Restricted Building Work
2. Who is responsible for providing a Record of Work (RoW) for restricted building work?
-
- The main contractor
- The building owner
- The LBP who carried out or supervised the work
- The local council
3. Which statement best reflects the LBP Board’s approach to disciplinary action?
-
- Responsibility depends on contract terms
- Subcontractors are not assessed individually
- Accountability rests with the company employing the LBP
- Conduct is assessed based on the individual LBP’s actions