On 1 February 2023, changes to the Building Services (Registration) Act 2011 enhance the powers of the Building Service Board to manage the commercial conduct and behaviour of registered building services provides. These changes relate to the following events that occur on or after this date.
What are the changes?
1. Unpaid building service debts
Individuals, partnerships and companies who have an unpaid building service debt (being a court or an adjudication debt related to building services) will be refused registration as a building service contractor and may also be subject to disciplinary action.
2. Excluded contractor laws
In certain circumstances, individuals, partnerships and companies (including directors) who have experienced an insolvency event may be excluded from registration as a building service contractor.
Exclusion may occur when considering an application for the grant or renewal of a contractor registration, or at any time during the term of registration. The exclusion may be temporary or permanent in the case of repeated insolvency events.
If you (either personally or as a director of a company) or your partnership or company has experienced an insolvency event from 1 February 2023 you may be required to provide further information regarding this event(s). You will be contacted by the Department following submission of your application if any further information is required. Each case will be considered on its own merits having regard to a number of considerations outlined in the legislation.
3. Notification of the appointment of new directors
Companies will now be required to notify the Building Service Board in writing of the appointment of any new director using the Notification of new director form. If a new director has experienced a relevant insolvency event, the Building Services Board may exercise its powers in relation to the new excluded contractor law.