The QBCC investigates the certification functions of the building certifier as defined by the Building Act 1975, which typically does not include the communication method or demeanour of building certifiers and how they engage with their clients/customers. (i.e not responding to emails, abusive language etc).
What can we do?
- investigate written complaints made against building certifiers
- take disciplinary action against building certifiers found guilty of unsatisfactory and professional misconduct
- conduct an audit of building certifiers' work
- enforce the Code of Conduct for building certifiers
- licence building certifiers
- keep a register of building certifiers, including any conditions, demerit points or and decisions of misconduct complaints made available to the pub.
- regulate contracts between building certifiers and other parties (e.g., builder, owner, project manager). QBCC does not have powers under the Building Act 1975 or the Building Regulations 2021 regarding enforcing contractual conditions or payment in financial matters between building certifiers and other engaged parties (e.g., refund parties for private certification fees paid).
- process complaints against building certification companies (i.e., complaint must be submitted against an individual only)
- process complaints that are not supported with a statutory declaration under Section 190 of the Building Act 1975
- process complaints for multiple sites under one application (i.e., complaints must be made one per site in question). QBCC investigates the certification functions of the building certifier as defined by the Building Act, which typically does not include the communication method or demeanour of building certifiers and how they engage with their clients/customers. (i.e not responding to emails, abusive language etc).
Time limits apply
Time limits apply for making a complaint about the conduct of a certifier, unless the conduct has caused, or may cause, significant financial loss or other serious harm.
A complaint about the conduct of a building certifier must be made within the following timeframes:
- if the certifier’s conduct relates to the certification of building work the subject of a building development approval: 7 years after a certificate of occupancy or final inspection certificate is issued (or the development approval lapses)
- otherwise – if the certifier’s conduct relates to building work for which a building development application has been made: 1 year after the private certifier is engaged or the application is received by the local government
- otherwise – within 1 year of the complainant becoming aware of the conduct.
How to make a complaint
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Gather as much evidence as you can to support your complaint, including:
- engineer’s reports
- inspection certificates
- approval notice
- approval documents
- photographs.
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Download and complete all sections of:
Complaint against a certifier (PDF, 65KB)
Ensure the declaration is signed and witnessed.
Attach supporting evidence and any additional documents if there is insufficient space in the form fields.
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Lodge the form and copies of all supporting evidence to us:
- via the feedback and enquiries form on myQBCC (You will need to be logged in to attach files)
- in person at a QBCC service centre
- by mail.
What happens next?
We provide details of your complaint to the certifier and the certifier is invited to respond. Once we have received a reply, we'll review both parties’ written submissions.
After the initial review, we may carry out a site inspection or make a recommendation for mediation. In the case where mediation fails or was not suggested, we continue to investigate all details prior to making a decision.
Depending on the outcome of the investigation, demerit points may be allocated to the certifier.
However, the QBCC may dismiss any complaint without taking further action if either:
- we ask for further information from the complainant and do not receive the information
- are satisfied the complaint is frivolous, vexatious or lacks substance or credibility.
How long will it take?
We can’t provide an exact timeframe as each case is taken on its own merits. It depends on the nature of your complaint and the time it takes to review the information and documents provided.
If the case involves professional misconduct, it may take longer to reach a resolution as we have to apply to the Queensland Civil and Administrative Tribunal (QCAT) to start disciplinary action.
