BUILDING ACT 2004 - SECT 23 Entitlement to act as certifier

BUILDING ACT 2004 - SECT 23

    (1)     A licensed construction practitioner is not entitled to perform services as a certifier in relation to building work if the practitioner has an interest in the work.

    (2)     For this section, a licensed construction practitioner has an interest in building work if the practitioner, or a person related to the practitioner—

        (a)     has a legal or equitable interest in the land where the building work is, or is to be, carried out; or

        (b)     has prepared, or intends to prepare, drawings intended to be used in relation to the construction of the building work; or

        (c)     has carried out, or intends to carry out, any of the building work; or

        (d)     has a financial interest in the construction or completion of the building work.

    (3)     For this section, a person is related to a licensed construction practitioner if the person is—

        (a)     a person with whom the practitioner has a personal, professional, commercial or financial relationship; or

        (b)     an employer or employee of the practitioner; or

        (c)     a company of which the practitioner is a director or in which the practitioner holds a share.

    (4)     This section does not prevent a certifier from sketching a required design solution as part of a direction in a notice under section 44 (2) (a).