Certifier licence information

Demerit points and disqualification

Demerit points 

Demerit points are allocated to QBCC licensees who are convicted of particular offences against the Building Act 1975. The full range of offences and associated demerit points are detailed in the Building Regulation 2006.

It is important to note that an accumulation of 30 points within a 3 year period will lead to the disqualification of your certifier licence by the QBCC – see ‘Disqualification’ below for more information. It should be noted that no more than 20 demerit points can be allocated to a licensee from a single investigation or audit. 

The QBCC will notify you in writing of any allocated demerit points and you can also check your demerit point balance on the our Register of building certifiers.

Demerit points take effect:  

  • the day after the appeal period for a guilty finding by a court 
  • on the day a guilty plea is accepted by a court 
  • the day an infringement notice fine is paid 
  • the day the first instalment of an infringement notice fine is paid under an instalment arrangement 
  • the day a default certificate (for an unpaid fine) is registered by the State Penalties Enforcement Registry (SPER). 

Please note that demerit points are only allocated after any appeal against the conviction is finalised (and confirms the conviction) or is withdrawn. 

See our factsheet for further information, including the full list of demerit point offences. 

Disqualification 

If you’re a licensed certifier and you accumulate 30 or more demerit points within a period of 3 years, the QBCC can cancel your certifier’s licence and disqualify you from being licensed again for:

  • up to 1 year for a first-time disqualification 
  • up to 3 years for a subsequent disqualification (if the most recent event was within the last 10 years).  

Before deciding that you are a disqualified individual, the QBCC will give you written notice of your accumulation of 30 demerit points, advising you what becoming disqualified means, and invite you to provide submissions. 

After considering any submissions the QBCC will either: 

  • take no further action, or 
  • give notice of disqualification and cancel your certifier’s licence (if you have one). 

Publishing details on the certifier register 

Demerit point and disqualification details are published on the Register of building certifiers and remain published even after the period of disqualification ends.  

Demerit point offences

Building Act 1975

Section

Provision

Demerit Points

s83(1))

A private certifier failing to comply with general restrictions on granting building development approval

8

s84(1) and s84(2)

A private certifier giving approval inconsistent with particular earlier approvals or accepted development

8

s86(1)

A private certifier (who has approved an application) failing to give copies of approval documents (within 5 business days) and the required fee to the local government

2

s88(2)

A private certifier (who has approved an application) giving the applicant approval documents when the certifier has not given the local government copies of approval documents and/or the required fee

3

s88(2B)

A private certifier (who has approved an application) giving the applicant approval documents before the end of 5 business days after giving the local government copies of approval documents and the required fee

8

s88(6)

A private certifier failing to keep written evidence that the required fee was paid to the local government, for at least 5 years after giving the approval documents

1

s99(2)

A building certifier failing to give the building owner inspection documentation on final inspection, within the required period

2

s102(2)

A building certifier failing to give a certificate of classification on inspection after particular events

1

s107(2)

A building certifier failing to give a referral agency copies of a certificate of classification and other documents within 10 days of giving the certificate of classification, if required to under the development approval

2

s108

A private certifier (class A) failing to give the local government for the building development application a copy of a certificate of classification within 5 business days after giving the certificate and/or failing to keep a copy for at least 5 years

2

s122

A building certifier ailing to give the building owner copies of inspection documentation within 5 business days if the building development approval lapses

5

s124A(3)

A building certifier failing to give the building owner requested inspection documentation for a certified stage of work (not including the final stage), within 5 business days

1

s125

A person performing a building certifying function without a building certifier licence

8

s126

A building certifier performing a building certifying function without the appropriate licence to perform the function

8

s134

A person who is not a private certifier (class A) performing a function under section 48 (functions of a private certifier (class A))

8

s135(1)

A private certifier performing a private certifying function for a building development application without being appropriately licensed to carry out the type of building assessment work required for the application

8

s135(2)

A private certifier failing to comply with the building assessment provisions and chapters 5 and 6 of the Building Act 1975 when performing a private certifying function

8

s136(1)

A private certifier failing to act in the public interest when performing a private certifying function

10

s143(2)

A private certifier (owner client) failing to give a notice of engagement to the local government within 5 business days after the engagement starts

2

s143A(3)

A private certifier (other clients) failing to give the owner a notice of the certifier’s name and responsibilities within 15 business days after the engagement starts (

2

s143A(4)

A private certifier (other clients) failing to give the local government a notice of engagement within 15 business days after the engagement starts

2

s143B(5)

A building certifier failing to perform the certifying function stated in an additional certification notice by the agreed day

2

s143B(6)

A building certifier failing to give the owner and client copies of all documents relevant to the additional certifying function within 5 business days after performing the function

1

s147(2)

A private certifier failing to keep, for an approved development application, a copy of the application and the approval documents for the application for at least 5 years from the relevant day

1

s148(2)

A private certifier (whose engagement is discontinued before giving a final inspection certificate or certificate of classification) failing to give the building owner copies of inspection documentation within 5 business days of discontinuation or specified events

5

s149(1)

A private certifier failing to give the local government a copy of all inspection documentation within 5 business days after certain events

2

s149(3)

A private certifier failing to give the local government a copy of the reminder notice under s95 within 5 business days after a building development approval lapses

2

s150

A private certifier failing to keep all inspection documentation for building work for which they were engaged for at least 5 years after the building work is completed

1

s183(2)

A building certifier failing to give QBCC notice of cancellation or suspension of an interstate or NZ licence or conviction of a relevant offence, within 20 business days after it happened

2

s195(4)

A building certifier failing to comply with a document requirement notice given by the QBCC (for audit or investigation purposes)

3

s202(1)

A person knowingly stating anything that is false or misleading in a material particular to the QBCC, in relation to a certifier investigation or audit

8

s203(1)

A person giving a document containing information they know is false or misleading in a material particular to the QBCC, in relation to a certifier investigation or audit

8

Note: A limit of 20 demerit points may be allocated by the QBCC if multiple demerit offences are discovered as a result of a single investigation or audit.