Non-conforming building products are everyone’s responsibility

The QBCC’s Non-Conforming Building Products (NCBP) Team is currently visiting businesses who supply building products to the industry in the Brisbane, Logan, Ipswich and Bayside areas. To date this year, the NCBP Team has visited 101 suppliers.

Image

The primary objective for this audit program is to educate suppliers about their need to ensure the building products they sell are legally compliant and safe, including that products have sufficient ‘required information’ to support their intended use.  

Suppliers are just one of the groups in the chain of responsibility for NCBPs.  

Others include:

  • designers, manufacturers and importers of building products
  • architects and engineers who specify a building product be used in a building
  • installers of building products, including builders and trade contractors

Everyone in the chain of responsibility has obligations under Part 6AA of the Queensland Building and Construction Commission Act 1991 (QBCC Act), including a primary duty to ensure the building product is not a non-conforming building product for an intended use.

The NCBP Team will continue these visits to suppliers into November.

For more information about your NCBP obligations, go to: NCBP – responsibility of installers, and NCBP – responsibility of plumbers.

If you would like to report a NCBP, visit Report non-conforming building product or incident


Last reviewed: 1 Oct 2024 Last published: 1 Oct 2024
Back to top

Regional action to increase safety and awareness of non-conforming building products

Keeping Darling Downs homeowners safe will be a priority for the State’s building regulator when it visits the region mid-April to raise awareness about the threat posed by non-conforming building products (NCBP).

Image
QBCC media releases

During the visit, Queensland Building and Construction Commission (QBCC) auditors will be visiting scores of building product suppliers to provide information that will help ensure the products they sell are legal, safe and compliant.

QBCC Commissioner, Anissa Levy, says the regional action, one of five around the State from April to June, is to make suppliers aware of their obligations under NCBP legislation.

“NCBPs are a nationwide issue that affect not just the building industry, but the entire community, as they have the potential to put lives at risk,” Commissioner Levy says.

“With new products coming onto the market all the time, it is important suppliers are aware of what they can and cannot provide.

“By educating suppliers, we are helping to reduce the risk of NCBPs in the region. This ensures Darling Downs locals are protected when they are building, renovating, altering or maintaining their homes.”

Commissioner Levy says the QBCC has identified 33 non-conforming building products around the State since the NCBP laws were introduced on 1 November 2017.

“Queensland has nation-leading laws to ensure building products meet the relevant building standards and community expectations,’’ Commissioner Levy says.

“Under these laws, everyone in the supply chain is responsible for ensuring the products used on Queensland buildings are safe and fit for purpose. They also have a duty to report a product to the QBCC when they suspect it is non-conforming.”

The legislation gives the QBCC the power to investigate the use of NCBPs and take action against non-compliance. If required, the Minister for Public Works can issue warnings about products or recall products.

Anyone who suspects the presence or use of a non-conforming building product should contact the QBCC on 139 333.
More information about responsibilities around NCBPs is available on the QBCC website.

Background:

A building product is considered a NCBP if it:

  • is not, or will not be, safe or
  • is not compliant with the relevant regulatory requirements (e.g. the National Construction Code or the Australian Standards) or
  • does not perform to the standard it is represented to perform to.

The QBCC takes appropriate and proportional action in response to NCBPs, ranging from targeted education, to directions to cease supply until a product conforms, or recommendations for ministerial product recalls.

Examples of positive outcomes under the NCBP laws:

  • May 2018 – A QBCC investigation led to the first Ministerial NCBP Recall notice issued in Queensland and resulted in a pool-fencing product being recalled from sale nationally. The Ministerial Product Recall was revoked once the supplier complied with the requirements of the Ministerial Product Recall
  • December 2019 – the QBCC issued a direction to a manufacturer to rectify non-conforming installations of their passive fire safety product and cease misrepresenting its performance. The manufacturer has ceased supply of the nonconforming product into Queensland except under strict conditions set by the QBCC.
  • May 2020 – a supplier notified the QBCC (in line with their duty of a notifiable incident) in relation to a glass window that failed during installation. This resulted in voluntary product redesign and rectification of existing installations.
  • October 2020 – a QBCC audit of concrete underlay vapour barrier products led to widespread improvement in industry behaviour and stricter controls over international supply chains.

Last reviewed: 11 Mar 2024 Last published: 11 Mar 2024
Back to top