Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 170 individuals as part of an ongoing campaign around the State to stamp out unlicensed, illegal and defective work.

QBCC Commissioner, Anissa Levy, says another individual was suspected of hiring an unlicensed worker and officers detected a further 22 offences relating to non-compliant signage during the recent three-day audit of residential building sites.

“The three people suspected of performing unlicensed work and the builder suspected of engaging an unlicensed worker are now subject to further investigations which could result in prosecution,” Commissioner Levy says.

“The QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.

“One of the reasons we take a tough stance in proactively identifying and preventing unlawful activity is to help protect owners and workers from financial risks or defective building work.

“Our compliance audits also ensure there is a level playing field for our licensees who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”

Commissioner Levy says the QBCC’s audits are not just about detecting offending behaviour, as previous campaigns reveal the majority of individuals working on building sites are compliant.

“As most people are doing the right thing, our officers visiting building sites can focus on engaging with licensees and home owners to raise awareness of topical issues, provide them with advice on their rights and responsibilities, and information about the role of the QBCC,” she says.

“Building strong relationships with the industry and home owners, allows us to foster a culture of professionalism and compliance and it helps ensure safer construction practices."

Background

An individual or company caught working without a licence can be issued with fines of up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.

Public licence register

The QBCC website provides free information to help home and property owners find a qualified, licensed local contractor.

In the Brisbane District Court on 25 January 2024, Paul Lawrence Coplick was convicted of unlawfully carrying out building work, fined $15,000 and ordered to pay compensation of $3,350 to a home owner.

Unlawfully carrying out building work is an offence under the Queensland Building and Construction Commission Act (QBCC Act) and attracts an escalating series of penalties for each offence.

For a third or subsequent offence, an offender is required to be prosecuted upon indictment before the District Court, as they are alleged to have committed a crime.

The QBCC had previously issued a Public Warning about Mr Coplick in January 2021 following allegations of unlawful conduct, including taking excessive deposits for building work.

Mr Coplick was previously convicted of unlawfully carrying out building work in January 2021 and February 2021, in the Brisbane and Ipswich Magistrates Courts.

In the most recent case, Mr Coplick pleaded guilty before his Honour Judge Rafter SC for unlawfully carrying out building work in relation to a property at Greenslopes, Brisbane.

He was warned by his Honour that if compensation was not paid by 24 July 2024, Mr Coplick would need to show cause why a 3-month prison term should not be enforced.

QBCC Commissioner, Anissa Levy, says this prosecution highlights the legal protection provided to Queensland home owners by the QBCC and should provide a deterrent to other unlicensed individuals.

“If you are not licensed to perform building work and you repeatedly perform work unlawfully, you face the prospect of prosecution and possible imprisonment.” Ms Levy says.

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.

The QBCC website also offers a free “Find a Local Contractor” search, to help consumers find licensed, qualified, local tradespeople.

BACKGROUND

The QBCC disqualified Mr Coplick from holding a contractor’s licence from 13 February 2018 to 13 February 2021 because he had accumulated 30 demerit points in a 3-year period.

On 2 September 2020, Mr Coplick provided a quote to a home owner for concreting work to an amount of $8,350.00, with $3,350.00 to be paid as a deposit.

The same day, the home owner transferred the deposit of $3,350.00 to Mr Coplick.

However, Mr Coplick did not conduct any work and did not return the deposit.

The home owner subsequently lodged a complaint with the QBCC, leading to Mr Coplick’s conviction on 25 January 2024.

The case against Mr Coplick relates to section 42(1) of the QBCC Act:

42 Unlawful carrying out of building work

(1) Unless exempt under schedule 1A, a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act.
Maximum penalty—

(a) for a first offence—250 penalty units; or
(b) for a second offence—300 penalty units; or
(c) for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(2) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime.

Generally, (however not always) a first offence may be dealt with by way of a penalty infringement notice, the second offence may be dealt with before the Magistrates Court and a third or later offence, upon indictment before the District Court.

Sixty-four Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 4,000 workers as part of the Statewide campaign in October and early November.

QBCC Commissioner, Anissa Levy, says during the four-week blitz, which extended from the far north to the Gold Coast, officers looked at everything from home renovation projects to new builds.

“The rate of suspected unlicensed contracting detected during the blitz was just 1.86 per cent, showing that the majority of workers are doing the right thing and Queenslanders should feel confident that their homes are being built by people with the appropriate skills and qualifications,” Commissioner Levy says.

“However, the 73 people suspected of performing unlicensed work are now subject to further investigations which could result in prosecution.”

Commissioner Levy says the people suspected of unlicensed contracting were a mix of experienced and inexperienced individuals.

The unlicensed activity included work involving brick and block laying, carpentry, concreting, plumbing and drainage, painting and decorating, roof and wall cladding, structural landscaping, wall and floor tiling and waterproofing.

“In addition to the suspected unlicensed workers, our officers detected a number of minor offences in each region, resulting in warnings or educational letters,” Ms Levy says.

QBCC officers are preparing to issue more than 200 letters about non-compliant signage.

Commissioner Levy says proactive campaigns like this are conducted to help the QBCC ensure the construction industry is meeting its obligations regarding licensing, including the use of appropriately licensed subcontractors.

“We also take the opportunity during these campaigns to provide educational advice to licensees and to inform home owners of their rights and responsibilities, and about the role of the QBCC,” Commissioner Levy says.

“On this particular campaign our officers distributed more than 2,000 information pamphlets to workers on sites.”

Unlicensed contracting and improper use of a licence were among the five most common offences investigated by QBCC officers around the State in the last financial year.

During 2022-2023, the QBCC investigated 735 people for unlicensed contracting and 204 people were investigated for improper use of a licence.

Commissioner Levy says the QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.

“One of the reasons we take a tough stance is to protect home owners and workers on construction sites. By proactively identifying and preventing unlawful activity, we are helping to keep everyone safe,’’ she says.

“It also ensures there is a level playing field for our licensed contractors who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.

“Another reason we take such a tough stance is to make sure home owners are aware of, and not forgoing their access to Australia’s most accessible home warranty scheme, the Queensland Home Warranty Scheme, administered by the QBCC.”

Background

An individual or company caught working without a licence can be issued with fines up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.

Queensland Building and Construction Commission (QBCC) officers will be cracking down on unlicensed workers to ensure the construction industry is meeting its obligations around safety and building standards.

Where appropriate, the QBCC officers will provide advice to contractors and home owners if they have questions or concerns about building work.

QBCC Commissioner, Anissa Levy, says the blitz will kick off in southeast Queensland, before progressing to other locations across the State.

“Our action helps keep work sites free of risk and protects the people who will live, work and gather in the buildings under construction by ensuring they have been built by workers with the appropriate skills and qualifications,’’ Commissioner Levy says.

“They also give our officers an opportunity to connect with contractors on active sites to provide advice about the work being undertaken. We also use the opportunity to inform home owners about their rights and the role of the QBCC.

“The great news is that we know from previous compliance action that the majority of licensed contractors do the right thing, but we need to ensure this remains the case.”

Commissioner Levy says anyone caught breaking the law by working without a licence, outside of their scope, or by hiring unlicensed individuals, will be penalised.

“The QBCC has zero tolerance for unlicensed activity and there are significant penalties for anyone caught working without the appropriate licence,” she says.

“One of the reasons we take a tough stance on unlicensed activity is that it helps reduce defective building work, which could cost owners additional time and money to rectify.

“It also ensures there is a level playing field for our licensed contractors who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”

Commissioner Levy says home owners who choose licensed contractors have peace of mind knowing that they meet these important criteria.

“In addition to these safeguards, QBCC licensees also know that they are required to use contracts and take out insurance on work worth more than $3,300, which protects owners against incomplete or defective work.”

In the 2022-2023 financial year, the QBCC undertook 1,404 site visits or inspections and launched investigations into 735 instances of unlicensed contracting and 204 instances of improper use of a licence.

Background

An individual or company caught working without a licence can be fined up to $3,096 for the first offence.

A subsequent offence will result in prosecution, with three or more offences being referred to the Office of the Director of Public Prosecutions for indictment, with a maximum penalty of imprisonment for one year.

As of 1 May 2024, changes have been made to the National Construction Code (NCC) 2022 to improve residential energy efficiency standards in new homes. The Modern Homes residential energy efficiency standards will be implemented through amendment of the existing Queensland Development Code 4.1 – Sustainable Buildings (QDC 4.1).

Residential energy efficiency requirements

New houses and units need to have:

• 7-star rating (out of 10) for the building shell (roof, walls, windows, and floors). Energy efficiency features may include good orientation, better insulation, ceiling fans and window design and a lighter coloured roof 
• whole-of-home energy use allowance that covers the energy use of the home’s major appliances and any on-site renewable energy such as a solar photovoltaic (PV) system. 

While Queensland will align with the NCC 2022 energy efficiency requirements, the optional one-star credit towards the building shell for inclusion of an outdoor living area will remain to ensure Queenslanders can take advantage of our outdoor living lifestyle and climate. 

To align Queensland with the NCC residential energy efficiency requirements, QDC 4.1 will be updated to: 

• remove Queensland’s optional installation of a solar PV energy system 
• remove the ability to use a 2009 version glazing calculator, in favour of the current calculator 
• require compliance with the NCC 2022 7-star rating requirements in new houses and units. 

QDC 4.1 will retain the optional one-star credit for outdoor living areas for new houses and expand it state-wide for new apartment buildings. This optional credit recognises Queensland’s unique outdoor housing design and lifestyle. 

The amended QDC 4.1 will commence on 1 May 2024 

Further information and support

• Housing Energy Efficiency Calculator
• Australian Building Codes Board Resource library
• ABCB FAQ Energy Efficiency changes
• Department of Housing, Local Government, Planning and Public Works
• Modern Homes
• NatHERS

From 1 October 2023, phase 1 of the Modern Homes accessibility standards commences. 

National Construction Code 2022 (NCC) provisions – Livable Housing Design Standard provides for: 

• a step-free path to the entrance
• at least one step-free entry into the home
• slightly wider internal doorways and corridors
• an accessible toilet
• a step-free (hobless) shower
• provision for future inclusion of grabrails in an accessible bathroom and toilet.

The Queensland Government has released the Queensland Development Code – Mandatory Part 4.5 – Livable dwellings and grading to floor wastes (QDC MP4.5) for application to class 1 buildings and sole-occupancy units in class 2 buildings. The QDC MP4.5 facilitates the adoption of the livable housing design and grading to floor waste provision in the NCC by providing additional acceptable solutions and appropriate transitional arrangements.

QDC MP4.5 new accessibility variations provide for: 

• Time limited exemption of 18 months to 31 March 2025 from the accessibility standards for: 
  • New houses on narrow lots with a frontage of 12.5metres wide or less, created prior to 1 October 2023 or created after that date and on or before 31 March 2025 in limited circumstances.
  • Small pre-built houses 55 m² or less in floor area wholly or predominately manufactured off-site completed prior to 1 October 2023 and constructed on or prior to 31 March 2025.
  • Exemptions form the accessibility standards for a compliant toilet on the ground or entry level of a house in limited circumstances and for repairs and maintenance generally.
• Exemptions for renovations of toilets and bathrooms in existing homes including from the requirements to provide: 
  • wider doorways unless the renovation involves demolition of the existing doorway
  • a larger toilet area unless the renovation increases the size of the toilet area
  • reinforcement for grabrails unless the wall framing is exposed.
• Additional solutions that do not require the grading of a floor where a floor waste is voluntarily included in a bathroom, and for showers and sanitary compartments (if there is no habitable room on the ground or entry level) to achieve compliance with the accessibility standards. 

Transitional arrangements and new building guideline

Section 37 of the Building Act 1975 provides transitional arrangements when building assessment provisions change, such as the introduction of the Modern Homes standards.

Section 37 allows a development approval to be given under the provisions that were in place prior to the new building assessment provision applying when:

• the approved building work starts before the commencement date of the new building assessment provision
• the building development approval was given before the commencement date of the new building assessment provision, but the building work has not yet started
• a building development application is made before the commencement date of the new building assessment provision, but the application has not yet been decided
• planning for carrying out the building work started before the commencement date of the new building assessment provision and the building certifier can certify the following in writing:
  • that substantial progress was made on the design of the building, or the design was completed before the commencement date e.g. this might be evidenced by a signed building contract referring to the design or plans
  • the design would need to be changed to comply with the amended provision
  • the changes needed are not minor changes. 

Additional information for building certifiers 

The Department of Energy & Public Works (the Department) has prepared a guideline to assist building certifiers to apply transitional provisions – Guideline for applying transitional arrangements when building requirements change (epw.qld.gov.au) (August 2023).

The Department have developed a non-mandatory Form 77 Variation to building assessment provisions to assist building certifiers document decisions about the transitional provisions.  

Update to standard

The Australian Building Codes Board (ABCB) has issued a correction to the Livable Housing Design Standard (the standard).

This change clarifies that the total ramp lengths and the corresponding gradients nominated in Clause 1.1(4)(a) of the standard are the parameters applicable to the concession in NCC Volume Two H8D2(2). For example, a step-free pathway need not be provided should that pathway necessitate more than 15 m of ramps (not including landings) at 1:20 gradient (see Clause 1.1(4)(a)(ii)).

For more information on the standard, including application of the concession, refer to the ABCB Livable Housing Design Handbook.

The National Construction Code (NCC) is produced by the Australian Building Code Board (ABCB). As a performance-based code, it sets the minimum required level for the safety, health, amenity, accessibility and sustainability of certain buildings. 

What you need to know

NCC 2022 commenced on 1 May 2023 with additional release of the Modern Homes standards commencing in two phases:  

• Phase 1 of the Modern Homes accessibility standards commenced on 1 October 2023.  
• Phase 2 Modern Homes energy efficiency standards commenced on 1 May 2024.

QBCC contractor licensees, building certifiers, designers and homeowners should make themselves aware of the new provisions and what is required for new or renovated homes from 1 October 2023.

For Queenslanders, the Queensland Development Code (QDC) also provides guidance on matters outside the scope of the NCC, or in addition to it. Note that the QDC’s state-based variations prevail over the NCC in Queensland.

Looking for more?

A team of highly skilled professionals from the QBCC Plumbing Investigations Unit were deployed to various building sites to ensure plumbing and drainage work is only carried out by appropriately licensed individuals.

QBCC Commissioner, Anissa Levy, says the QBCC is dedicated to ensuring plumbing and drainage work in Queensland is only carried out by licensed professionals, guaranteeing public health and the safety and quality of construction projects.

“As well as attending building sites, our Plumbing Investigations Unit has been providing licensees with important information to raise awareness of topical issues and increase collaboration," Ms Levy says.

"This campaign is not just about compliance; it also provides an opportunity for our team to engage with industry professionals, sharing important information on notifiable work, insurance requirements, and contractual obligations.

“By building strong relationships with the industry, we can collectively work towards fostering a culture of professionalism and compliance."

Recognising the important role of apprentices in the plumbing industry, the team also visited registered training organisations.

"Engaging with apprentices allows us to educate and empower the next generation of plumbing professionals. By instilling a strong understanding of licensing requirements and industry standards, we can lay the foundation for a highly skilled and compliant workforce.”

The QBCC Plumbing Investigations Unit also collaborated with local government bodies as part of their engagement activities.

"We are committed to working hand-in-hand with local governments to increase notifiable work inspections and promote compliance.

By joining forces, we can amplify our impact and ensure safer construction practices," says Commissioner Levy.

Using licensed plumbers and drainers is the best way to ensure your plumbing project complies with regulations and minimises unnecessary risk to your family's health and safety.

Check that your plumber is licensed by searching online or contacting the QBCC on 139 333.

Campaign Highlights:

• 75 licence checks/inspections conducted at 25 building sites (commercial and domestic).
• Two individuals suspected of performing plumbing work without an appropriate licence have been referred for further investigation.
• Visits to regional areas, including Cardwell, Etty Bay, Brandon, Ayr, Bowen, Strathdickie, Sugar Loaf, Cannon Valley, and Gumlu. Engaged with real estate agencies in Collinsville and Bowen to provide information on the use of licensed plumbers and notifiable work.
• Visited TAFE Qld in Cairns and addressed plumbing and drainage apprentices (second-year students) to provide general information about the QBCC, notifiable work, and licensing.
• Attended the MPAQ Trade Expo in Cairns and engaged with local government plumbing inspectors, including those from Cairns, Mareeba, and Cassowary Coast.
• Conducted two fire audits, one in Townsville and the other in Mackay. All individuals identified through service records/logbook held the appropriate licenses for fire protection work.

The Queensland Building and Construction Commission (QBCC) has given the companies a deadline of 6 March 2023 to lodge their reports or face the prospect of licence suspension.

QBCC Commissioner Anissa Levy says the licensees are in financial categories 1-7, with category 1 having a maximum revenue amount of $800,001 right up to category 7 with a maximum revenue amount of over $240m.

“The licensees were contacted by the QBCC several times but failed to submit the required information to us by the annual deadline of 31 December 2022,” Ms Levy says.

“While the majority of these licensees have already submitted their reports, there are at least 538 who have not.”

The conditions imposed on these licensees prevent them from entering into any new contracts for building work until they have provided the required financial information to the QBCC.

“We take this action because companies could under-report their annual turnover and escape the scrutiny that comes with us properly assessing their financial viability.

“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.

“The minimum financial requirements and mandatory reporting laws enable us to more easily detect when a licensed company might be in trouble financially,” Ms Levy says.

The conditions imposed on these licensees represent 4.8% of licensed companies in Category 1-7 that were due to report their financials by 31 December 2022.