The Brisbane building company was found guilty of three offences under the Queensland Building and Construction Commission Act. 

The court imposed significant penalties including a recorded conviction for unlicensed building work, a fine of $8,000 and the defendant was made to pay costs of $2,100.

The QBCC brought the charges against the company after it failed to complete fencing and retaining wall work in July 2020, despite the homeowner paying a $2,800 deposit.

QBCC Commissioner Anissa Levy says the building regulator has a zero tolerance for unlicensed activity. 

“Performing unlicensed work is a serious offence, and there are significant penalties for anyone caught doing it without an appropriate licence,” says Ms Levy. 

“This outcome shows homeowners that the QBCC is here to protect and safeguard them from unlicensed operators.

“At the same time, we are also maintaining a level playing field for our qualified, experienced licensees, who pay their fees and take out the appropriate insurance for work, by taking action against unlicensed operators working in their space.”

Commissioner Levy says the case serves as a reminder to homeowners of the importance of using a QBCC-licensed contractor when building or renovating.

The QBCC has also been busy in court enforcing combustible cladding legislation to help increase the safety of Queenslanders.

Between May 2022 and January 2023, 18 building owners, body corporates and individuals pleaded guilty in Brisbane Magistrates Court in separate prosecutions brought by the QBCC.

The fines imposed ranged between $2,000 and $8,000 for companies, $2,000 to $5,500 for body corporates and $1,500 for individuals.

Visit Choosing a contractor on the QBCC website.

Background information on the Brisbane building company found guilty of three offences under the QBCC Act.

The unlicensed company was found guilty of three offences under the Queensland Building and Construction Commission Act 1991:

1. One offence against section 42 (unlicensed building work)
2. One offence against section 30 Schedule 1B (starting work before complying with requirements of a regulated contract
3. One offence against section 33 Schedule 1B (deposit more than 10 per cent).

The QBCC is proud to support this important safety initiative and promote public understanding about laws in Queensland designed to safeguard against the dangers of asbestos and other unsafe building materials in places where we live, work and play.

Did you know asbestos is a non-conforming building product?

Non-conforming building products (NCBPs) are products that do not meet the required standards for the use in which they are intended. A building product is considered a NCBP if it is any of the following:

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

Under Queensland’s non-conforming building products law, every member of the construction industry supply chain (also known as the chain of responsibility), including manufacturers, suppliers and installers, must ensure the product they manufacture, supply or install is compliant and safe. Failure to do so risks significant penalties.

If a product is suspected of containing asbestos those in the chain of responsibility should satisfy themselves that the product is asbestos free and, where required, the product has been tested. For asbestos, the relevant testing standard is  AS 4964- Method for the qualitative identification of asbestos in bulk samples. 

Reporting NCBP to the QBCC

If a person in the chain of responsibility does become aware, or reasonably suspects, that a building product is a NCBP, they must give the QBCC notice in an approved form, within 2 days, or earlier if possible.

Penalties also apply for failing to notify the QBCC of a NCBP when required.

To learn more about safe building product decisions go to Your responsibilities with NCBP.
 

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.

Queensland Building and Construction Commission (QBCC) officers undertook inspections of 1,375 active building projects during 2021-2022, to identify potential issues as quickly as possible.

During the inspections, officers identified 161 defects, of which 126 were remedied promptly through education, advice or information, while 35 required further rectification action from the builders and contractors responsible for the work.

QBCC Commissioner, Anissa Levy, says the 35 defects represent only 2.5 per cent of the 1,375 inspections of active work, which indicates that the majority of work being done and materials being used comply with all appropriate standards.

“These inspections help to ensure that work is done safely and to standard and allow us towork with builders and contractors in an educative and informative manner as soon as a potential problem is detected,” Ms Levy says.

“Early detection of issues helps to prevent additional costs and delays with a building project, and can help avoid future QBCC action for non-compliant or defective work.”

QBCC officers have continued to monitor the 35 defective work issues, and have returned to sites when necessary to ensure the required rectification work has occurred.

The QBCC inspections helped identify a number of matters requiring rectification by builders and contractors, including:

• passive fire-installation (such as ensuring the correct installation of fire-separating walls)
• inadequate disability access, particularly at lobby doorways and/or ramps
• non-compliance with the timber framing code
• non-compliant waterproofing to external door openings.

The inspections also resulted in a number of potentially non-conforming building products (NCBP) being referred to the QBCC’s NCBP team for further investigation, including:

• vertical bars on a pool fencing product
• issues with a magnesium-oxide board (used in fire safety-related construction).

Further investigations of these products by the QBCC revealed either no evidence or insufficient evidence to determine the products to be non-conforming for their intended use.

“These proactive inspections are a valuable tool for providing peace of mind to the people performing the work and those who will eventually utilise or live in these constructions,” Ms Levy says.

Officers from the Queensland Building and Construction Commission (QBCC) have visited properties in Brisbane, Logan, the Lockyer Valley and Gympie that were damaged in February’s freak storms and flooding.

The QBCC officers interviewed 89 people at 25 building sites on nine days during August and September but found no unlicensed contractors or other building-related concerns.

QBCC Commissioner, Anissa Levy, says the result was a positive outcome but she reminds any home owners dealing with flood damage to only ever use licensed contractors.

“This has been a positive outcome, in that local families who have had the stress of dealing with damage to their homes are not being subjected to shoddy or illegal repair work by unlicensed contractors,” Ms Levy says.

“Our officers are reporting back to us that the message about only using licensed contractors appears to be getting through and locals can feel confident that their homes are being repaired by licensees with the appropriate skills and qualifications.”

Ms Levy says QBCC boots on the ground in areas affected by natural disasters helps to deter unlicensed ‘storm chasers’ seeking to cash in on unsuspecting and vulnerable home owners.

Unlicensed contractors can be fined up to $2,875 and repeat offenders can face prosecution in court, where magistrates have the ability to fine them up to $35,937.

For unlicensed companies the maximum fine is $179,687.

During the compliance operations, QBCC officers have also been providing information to contractors and home owners on what they need to be aware of when repairing waterdamaged properties.

Despite the positive outcome with these audits, the QBCC urges anyone seeking to have building work done to only ever use licensed contractors by using the Find a Local Contractor search function on the QBCC website.

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. 

Queensland Building and Construction Commission (QBCC) officers visited 37 building sites on the islands, conducting contractor licence checks and interviews.

As a result, a number of potential offences were detected, including unlicensed building work, non-compliant site signage and contracting with unlicensed persons.

The QBCC is currently undertaking further investigations into these matters, and anticipates that a number of fines and warnings will be issued as a result.

QBCC Commissioner, Anissa Levy, says compliance audits help ensure building work is performed by licensed, qualified contractors, which protects home owners from potentially defective, dangerous work.

“Unlicensed building work is illegal building work and potentially exposes current and future owners and residents to unacceptable risks,” Ms Levy says.

She says the coordinated, targeted audits on the islands demonstrates that the QBCC will take action against unlicensed individuals wherever and whenever necessary, to maintain a level playing field for licensees and to protect property owners.

“Our licensees are qualified, experienced individuals who must prove their financial status with the QBCC. These requirements help to ensure that their work will be completed and done to the appropriate standards and codes.”

During the compliance audit, QBCC officers also provided building information and advice to builders and property owners.

BACKGROUND

Unlicensed building offences can result in fines for an individual ranging between $2,757 for a first offence and up to $34,462.50 if prosecuted through a magistrates court.

Other offences can attract warnings, fines and/or education requirements, depending on the type and severity of the offence.