The Queensland Building and Construction Commission (QBCC) has contacted almost 58,000 of its licensees, urging them to remain vigilant about the products they use and providing them with information about preventing NCBPs related to their licence classes.

In Queensland, each person in the building chain of responsibility – from designers to home owners - has a duty to ensure their actions do not lead to NCBPs being supplied or used in association with a building.

QBCC Commissioner, Anissa Levy, says the regulator has identified several product types that could pose problems for workers in some licence classes.

“With different products coming onto the market and work sites all the time, it can be difficult to keep up, so we are developing a range of technical fact sheets to help licensees check if a product could be non-conforming.

“For instance, we’ve contacted about 40,000 builders, carpenters, tilers and other licensees about the use of vinyl products in wet areas and the need for portable or temporary dwellings to comply with the National Construction Code,” Ms Levy says.

Other licensees who have been contacted include more than 17,000 in plumbing classes, to highlight issues with watermark certification and the use of vinyl products in wet areas.

About 800 glass glazing and aluminium licensees have also been contacted and provided information about windows and glazed external doors and ways to help ensure the product they supply or install is not an NCBP.

Ms Levy says several other fact sheets are currently being written by QBCC technical staff and will be provided to licensees when they are completed.

“We are always looking to provide licensees with the most current technical and other information to reduce defective and non-compliant work and to limit the risk of NCBPs.”

More information about responsibilities around NCBPs is available on the QBCC website.

The Queensland Building and Construction Commission (QBCC) is undertaking the technical and assessment audits to ensure compliance across the industry.

QBCC Commissioner Anissa Levy says officers are currently undertaking audits in a number of Queensland regions to check the work of certifiers.

“Certifiers have an incredibly important role in the building and construction industry, and attention-to-detail to compliance is imperative,” Ms Levy says.

“We know the vast majority of certifiers do the right thing and Queenslanders can feel confident that their homes are being built by people with the appropriate skills and qualifications.

“Licensed building certifiers assess building applications, decide whether to issue building approvals and inspect and certify building works.

“The certifier ensures the building works comply with the building assessment provisions, the Building Act and the approval.”

Commissioner Levy says an important part of the role of the QBCC is to carry out audits like this in a bid to uncover potential substandard behaviour within the building and construction industry.

“Certifiers inspect building projects during construction and after the building process to ensure that they have been built in accordance with Queensland legislation.

“QBCC officers are focusing on issues such as certifiers granting a building development approval before all necessary permits and documents are in place.”

The QBCC received 222 complaints about certifiers in the 2021-2022 financial year and finalised 217 complaints.

Audits will be undertaken in regional Queensland throughout October and November in Beaudesert, Toowoomba, Sunshine Coast, Rockhampton and Townsville.

The total number of QBCC-licensed private certifiers as at 30 September 2022 was 425.

Anyone with concerns about a QBCC licensee should contact the QBCC on 139 333.

Stemming from the recommendations of the Queensland Building and Construction Commission (QBCC) Governance Review 2022, the advisory body is being formed to provide a voice on matters which impact the building and construction sector.

QBCC Commissioner Anissa Levy is encouraging all applicants to take advantage of this exclusive opportunity.

“This is an exciting chance for industry experts and those who represent consumer groups to have their voices heard, to use their expertise on current issues, emerging risks and trends related to our industry,” Ms Levy says.

“The purpose of the Committee is to provide observations, strategic advice, and guidance to the QBC Board in relation to matters affecting the building and construction industry to achieve a reasonable balance between the interests of building industry practitioners and consumers.

“We look forward to working with experts who are on the front line, to hear their views on matters relevant to the building and construction sector.”

The QBCC is seeking a wide range of representatives from the sector for the Committee, including licensees, industry bodies, designers, consumers, industry unions and local government.

BACKGROUND

The creation of the Industry Advisory Committee is a recommendation of the QBCC Governance Review 2022 (action 3.4) to establish an advisory body to allow the QBC Board to effectively engage with the building and construction sector.

Applications close 5.00pm, Tuesday 25 October 2022. For more information on how to apply visit the QBCC Website.

QBCC Commissioner Anissa Levy says Queensland is the only state to offer first resort home warranty consumer protection cover.

“Customers can face many challenges when a construction company collapses and there are contracts and incomplete projects they need to navigate,” Ms Levy says.

“One of the reasons the QHWS is in place, is to help protect homeowners when something like this happens.

“Last financial year, the QBCC approved claims totalling $36 million under the QHWS.

“This money helps thousands of Queenslanders who have been left with unfinished projects, or if a builder has failed to rectify defective works, or if their building has been affected by subsidence or settlement,” Ms Levy says.

The QHWS extends coverage for incomplete residential construction work where the homeowner has paid a deposit, but work has not started. In these circumstances, the scheme may refund the deposit to the homeowner.

Where work has started the QHWS may cover completion of the work up to a maximum of $200,000. The level of assistance the scheme can provide will be assessed on a case-by-case basis.

There are certain eligibility requirements for a non-completion claim. The contract must be validly terminated within two years of work commencing on site, and the claim must be made within three months of the termination. Homeowners are encouraged to seek legal advice about their contractual rights and obligations. Commissioner Levy is also reminding homeowners that claims can take time.

“Every claim is unique and approval times for claims will vary, depending on a range of factors. Simpler claims can be processed quickly (for example, deposit refunds where no work has started). However, more complex non-completion claims require careful consideration and may therefore take longer to assess.

“In all other states in Australia, a consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process,” Ms Levy says.

For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, and up to $200,000 for defective work or subsidence-related issues post completion.

The work is covered for a period of 6 years 6 months. Further information about the Queensland Home Warranty Scheme is available on the QBCC website.

Oracle Building Corporation Pty Ltd

Queensland homeowners who have a contract with Oracle Building Corporation Pty Ltd Homes and have paid a deposit can make a claim under the Queensland Home Warranty Scheme.

With the consent of the appointed liquidators, the QBCC cancelled Oracle’s QBCC licence on Friday, 26 August 2022. This will save homeowners time and money because all contracts between Queensland homeowners and Oracle are ‘at and end’.

Consequently, it is not necessary for homeowners to terminate their contract with Oracle prior to making a claim under the QHWS.

There are time limits that apply to coverage under the QHWS. Affected consumers have until Monday, 28 November 2022 to lodge a claim for refund of deposit or for completion of their home.

Non-completion claims lodged after this date will not be eligible for assistance.

The annual reporting requirements, administered by QBCC, are an important measure to help protect consumers from financially unhealthy construction companies.

Licensees must have sufficient assets and the financial means to complete the work for the homeowners or builders they’re contracted to licensees who do not submit their reports to the QBCC face potential regulatory action, such as no-new-work conditions, licence suspensions, and licence cancellations.

QBCC Commissioner Anissa Levy says the licensees were in category SC1, with an annual allowable turnover of up to $200,000.

“The licensees were reminded several times to lodge their reports but failed to submit the required information which was due on 31 March 2022,” Ms Levy says.

“If they still fail to lodge their financial reports, their licences are scheduled to be cancelled on or around 19 September 2022.
Ms Levy says the majority of licensees had lodged their reports. 

Background

Annual financial reporting is required under the Minimum Financial Requirements (MFR) Regulation 2018.

The four owners of the buildings pleaded guilty in Brisbane Magistrates Court in May, June, and August in separate cases brought by the Queensland Building and Construction Commission (QBCC).

One owner was charged with three counts of failing to provide the QBCC a completed combustible cladding checklist, a Building Fire Safety Risk Assessment and a Fire Engineer Statement, in contravention of the Building Regulation 2006 (Qld).

The charges related to three separate private buildings, and resulted in a total of $15,000 in fines and an order to pay $750 in legal costs. 

The other three owners pleaded guilty to the same charges, in relation to their individual properties, and were fined $8,000, $7,000 and $5,000 respectively and ordered to pay legal costs.

QBCC Commissioner, Anissa Levy, said the Safer Buildings Program had helped create more certainty and safety in regard to construction materials used on Queensland buildings.

“These laws help protect us all in the buildings where we live, work and gather, and were introduced following the tragic death of 72 people in London’s Grenfell Tower,” Ms Levy says.

The QBCC is currently prosecuting a number of other private building owners in Queensland who have allegedly failed to submit the required documentation.

BACKGROUND
The Queensland Government introduced changes to the Building Regulation 2006, which commenced on 1 October, 2018.

The changes required owners of particular buildings to undertake an assessment of the material used on the external walls of their building using the combustible cladding checklist.
 
The checklist process is designed to identify which buildings are affected by combustible cladding and whether cladding rectification work is likely to be required to achieve an acceptable level of safety. 

The deadline for building owners to submit the checklist without penalty was 3 May, 2021.
 
Failure to submit the checklist is an offence and may result in regulatory action, including monetary penalties and prosecution in the Magistrates Court.