Building Services (Registration) Act 2011

A person must not carry out, or undertake to carry out, a prescribed building service for any other person unless the person is a building service contractor entitled under section 11 to carry out that building service.

Subsection (1) does not apply to the following —

a person who carries out a prescribed building service as an employee of a building service contractor entitled to carry out that building service;

a person who is —

a public authority; or

an officer or employee of a public authority, in so far as that person directs or supervises the carrying out of a prescribed building service in the performance of the person’s duties as such an officer or employee;

the person is a person, or in a class of persons, prescribed by the regulations for the purposes of this section.

Subject to subsection (4), a person is not entitled to any monetary or other consideration in respect of anything the person did in contravention of subsection (1).

A person is not stopped under subsection (3) from claiming reasonable remuneration for carrying out a prescribed building service, but only if the amount claimed —

is not more than the amount paid by the person in supplying materials and labour for carrying out the building service; and

does not include allowance for any of the following —

the supply of the person’s own labour;

the making of a profit by the person for carrying out the building service;

costs incurred by the person in supplying materials and labour if, in the circumstances, the costs were not reasonably incurred;

is not more than any amount agreed to as the price for carrying out the building service; and

does not include any amount paid by the person that may fairly be characterised as being, in substance, an amount paid for the person’s own direct or indirect benefit.

A building service contractor who has entered into a contract to carry out a prescribed building service must not enter into a contract with another person for the other person to carry out the building service (or any part of the building service) for the contractor unless the other person is a building service contractor entitled to carry out that building service.