Den Hertog v Construction Occupations Registrar (Occupational Discipline)

The case before the Tribunal involved an application by Den Hertog for a construction licence. The Construction Occupations Registrar refused the application on the basis that Den Hertog did not meet the mandatory qualifications specified in the Construction Occupations (Licensing) (Mandatory Qualifications) Declaration 2012 (No 3). The Tribunal was tasked with reviewing the Registrar's decision to ensure it was lawful, reasonable, and procedurally fair.

The central legal issue was whether Den Hertog met the mandatory qualifications for a Class A Builder's licence as outlined in the Declaration. This involved interpreting the terms "building work," "specialist building work," and "basic building work" as they appeared in the Declaration and the Building Act 2004. The Tribunal had to determine if the Registrar correctly applied these definitions when assessing Den Hertog's eligibility.

The Tribunal found that the Registrar had correctly interpreted and applied the definitions of "building work," "specialist building work," and "basic building work." It concluded that Den Hertog's experience did not meet the requirements of the Builder Class A qualifications as outlined in the Declaration. The Tribunal determined that the Registrar's decision was lawful and procedurally fair. Consequently, the Tribunal confirmed the Registrar's decision to refuse the licence application.

The Tribunal Orders that the decision under review is confirmed, upholding the Registrar's refusal to issue a licence to Den Hertog.