Rectification of plumbing work

BPC Plumbing Inspectors can issue notices when plumbing work is unsafe or breaches the law. These notices are issued to the plumbers who did the work.

These remedial notices can be either:

• A formal Request to Rectify the work, based off a desktop assessment, and/or
• A binding Rectification Notice issued under the Building Act 1993 (the Act), which may be issued following an inspection or if a Request to Rectify has not been followed.

Failure to cooperate with the BPC may lead to further enforcement, disciplinary action, penalties or prosecution.

When we use remedial tools and enforcement

Breach – Responding to non-compliant plumbing work

Remedial notice – Request to Rectify or Rectification Notice

Escalation – BPC addresses failure to cooperate, may release insurance information

Discipline actions – Possible suspension, financial penalties or prosecution

Responding to non-compliant plumbing work

Under the law, a plumbing practitioner must carry out work that complies with the Building Act 1993 (the Act) and the Plumbing Regulations 2018 (the Regulations). Licensed plumbers have legal duties to:

• carry out compliant plumbing work
• self-certify that work.

An insurance scheme is also in place to provide consumer protection.

The BPC may also assess plumbing work through:

• targeted inspections
• its risk-based audit programs
• responses to reports from consumers.

Depending on the situation, the BPC may respond to non-compliances by:

• Making formal requests to the plumber to fix the work
• Issuing legal notices to require a fix
• Taking disciplinary or other enforcement action.

Request to rectify

The BPC receives reports from consumers about problem plumbing work. If the work poses a risk, we may review documents and reports from the consumer.

Where we are satisfied that the work appears non-compliant, we may:

• contact the plumber to formally request them to fix the work, through a ‘Request to Rectify’ notice
• conduct an inspection of the work, and issue a binding Rectification Notice to the plumber
• take disciplinary action or prosecute in court.

Following a consumer report and desktop assessment, we may issue a Request to Rectify (RTR) notice. The notice details the items that need rectification. It sets an expectation for the plumber to:

• address the issue
• provide evidence of rectification in the requested timeframe.

A RTR is a tool to achieve compliance and resolve complaints quickly, avoiding the need for in-person inspections or for more formal tools such as a Rectification Notice. It is only issued when the BPC is confident that the work is defective. It may also be used when an in-person inspection is not required or necessary in the circumstances.

Rectification Notice

Rectification Notices (RN) are issued by BPC Plumbing Inspectors or Compliance Auditors to licensed or registered plumbers to address non-compliant or defective plumbing work. RNs are used by the BPC at any time when non-compliance or defects are identified in plumbing work.

RNs may be used following:

• an inspection or audit of plumbing work
• a consumer report of apparent non-compliance.

Generally, an RN will relate to a compliance certificate lodged by a licensed plumber, however, they may be issued even if a compliance certificate hasn't been lodged.

RNs are a legal written notice specifying the:

• non-compliance
• required corrective actions
• compliance timeframe.

Penalties, including possible licence suspension, may apply if a plumber does not comply with an RN.

The plumber is prohibited by law from seeking money from a consumer to comply with the RN.

After an RN is issued, the BPC generally requires the plumber to:

• rebook an inspection to confirm that the works have been made compliant, or
• provide sufficient evidence (such as photos or documentation) to demonstrate compliance, to our satisfaction.

An RN is not issued in every case.

Further enforcement

Registered and licensed plumbers are expected to understand and comply with the law. Plumbing regulation is based on self-certification of work by licensed plumbers, so compliance shortcomings are treated seriously.

Failure to comply with a RN is a serious regulatory breach and may result in enforcement actions, including:

• Disciplinary measures (including suspension of the plumber’s licence or registration)
• Prosecution
• Injunctions.

Failure to engage with Request to Rectify Notice is also considered in the BPC’s enforcement actions.

If the plumber does not respond to the requirements of an RTR or an RN, we may also release the plumber’s insurance details to the consumer. This allows the consumer to address outstanding items through an insurance claim.

We also may independently take enforcement action for the underlying non-compliant plumbing work. This may include at a minimum a cautionary notice, which are recorded against the plumber’s profile with the BPC.

Plumbing audit and rectification notice FAQs

Rectification notices are most often issued as part of the BPC’s plumbing audit program.