Yes — in New Zealand, homeowners can be held liable for unlicensed drainlaying work carried out on their property, even when they hired someone else to do the job. Understanding your responsibilities before work begins can save you from significant legal, financial, and health-related headaches down the track.
Why Drainlaying Is Restricted Work in New Zealand
Drainlaying is classified as restricted trade work under the Plumbers, Gasfitters, and Drainlayers Act 2006. This means that anyone who carries out, supervises, or inspects drainlaying work in New Zealand must hold a current licence issued by the Plumbers, Gasfitters and Drainlayers Board (PGDB). This applies to work on sanitary drains, stormwater drains, and connections to the public sewer network.
The restriction exists for good reason. Poorly installed or repaired drains can cause sewage contamination, structural damage to your home and neighbouring properties, and serious public health risks. The licensing system ensures that only competent, accountable tradespeople carry out this work.
What Happens If Unlicensed Work Is Done on Your Property
If unlicensed drainlaying work is carried out on your property — whether you knew about it or not — you could face a range of consequences:
- Fines and penalties: Under the Plumbers, Gasfitters, and Drainlayers Act, it is an offence to engage or allow an unlicensed person to carry out restricted work. Homeowners who knowingly engage unlicensed contractors can face fines.
- Insurance voidance: Your home and contents insurance policy may be voided or a claim declined if damage results from unlicensed work. Insurers routinely investigate the compliance of work when processing claims.
- Building consent issues: If the work required a building consent and was not completed by a licensed person, your council may require the work to be uncovered, inspected, and redone at your cost.
- Liability for damage: If faulty drain work causes damage to a neighbouring property or the public sewer network, you as the property owner may be held responsible for remediation costs.
- Difficulty selling your home: Non-compliant work can surface during a pre-purchase building inspection and make your property difficult or impossible to sell without rectification.
The "Good Faith" Defence Has Limits
Many homeowners assume that if they hired someone who presented themselves as a tradesperson, they are off the hook. Unfortunately, this is not always the case. While acting in good faith is a factor courts and regulators may consider, it does not automatically protect you.
The safest approach is to verify a contractor's licence before work begins. You can check whether a drainlayer holds a current licence through the PGDB licence register. This takes only a few minutes and provides genuine protection.
What Work Requires a Licensed Drainlayer
As a guide, the following work must be carried out by a licensed drainlayer:
| Type of Work | Licensed Drainlayer Required? |
|---|---|
| Installing or repairing sanitary drains | Yes |
| Connecting to the public sewer | Yes |
| Installing stormwater drains | Yes |
| Laying new drainage for a new build | Yes |
| Clearing a blocked drain (no pipe work) | Generally no, but check |
| Replacing a trap or fitting inside the house | May require a licensed plumber |
If you are unsure whether a specific job requires a licence, contact your local council or the PGDB directly before engaging anyone.
Does the Work Need a Building Consent?
Some drainlaying work also requires a building consent from your local council, particularly new drainage installations or significant alterations. Schedule 1 of the Building Act 2004 lists certain exemptions, but these exemptions do not remove the requirement for licensed tradespeople — they only relate to the consent process. Always confirm with your council whether consent is needed before work starts. The MBIE Building Performance website has useful guidance on building consents and what work may be exempt.
Even exempt work must still comply with the New Zealand Building Code, including clauses G13 (Foul Water) and E1 (Surface Water), which set performance requirements for drainage systems.
How to Protect Yourself as a Homeowner
Take these practical steps before any drain work is carried out on your property:
- Check the contractor's licence on the PGDB register before signing anything.
- Ask for a written quote that clearly states the contractor's licence number.
- Confirm whether a building consent is required with your local council.
- Keep records of all invoices, licences, and correspondence.
- Request a compliance certificate or sign-off from your council once work is complete.
- Notify your insurer if significant drainage work is being undertaken.
When to Call a Professional
Any time drain work involves connecting to or modifying sanitary or stormwater drainage, you should engage a licensed drainlayer. Do not rely on a general handyperson or unlicensed contractor, regardless of how confident they appear or how competitive their price is. The short-term saving is rarely worth the long-term risk.
You can find qualified, licensed drainlayers in your area right here on tradedirectory.co.nz.
Safety note: Drain work can expose workers and homeowners to hazardous gases, contaminated soil, and confined space risks. Always ensure any contractor working on your drains follows safe work practices in line with WorkSafe NZ guidelines.
Certifying Drainlayer
