Trades

There are various different classes of tradesperson that homeowners often employ to carry out works on their home, they typically include concreters, bricklayers, carpenters, roof tilers, plasterers, tilers, painters, fencers, electricians, plumbers and gasfitters.

Most homeowners are aware that the Home Building Act 1989 ("the HBA") apply when they engage a builder to construct or renovate their home. However it is much more often that a homeowner requires his/her electricity restored, plumbing fixed or floors sanded than his/her home built/renovated, that is probably why the HBA also regulates the work of the abovementioned tradesperson.

If a tradesperson is engaged to carry out work which exceeds the value of $1000 labour and material, the tradesperson must hold the relevant licence. Electricians, plumbers and gasfitters are required to be licensed irrespective of the value of the work.

If a tradesperson does not hold a relevant licence, the homeowner will not be under any contractual obligation to pay him/her for the work, but may still be found liable to pay the tradesperson under the equity principle of quantum meruit. These legal implications are often not understood by a lay homeowner and it is recommended that a homeowner should ensure that the tradesperson they engage is licensed.

If it is found out by a homeowner during or after the carrying out of the work that the tradesperson is not licensed, it is recommended that the homeowner seeks legal advice promptly.