The QBCC investigates the certification functions of the building certifier as defined by the Building Act 1975, which typically does not include the communication method or demeanour of building certifiers and how they engage with their clients/customers. (i.e not responding to emails, abusive language etc).
What can we do?
- investigate written complaints made against building certifiers
- take disciplinary action against building certifiers found guilty of unsatisfactory and professional misconduct
- conduct an audit of building certifiers' work
- enforce the Code of Conduct for building certifiers
- licence building certifiers
- keep a publicly available register of building certifiers, including any conditions, demerit points or any decisions of misconduct complaints.
- regulate contracts between building certifiers and other parties (e.g., builder, owner, project manager). QBCC does not have powers under the Building Act 1975 or the Building Regulations 2021 regarding enforcing contractual conditions or payment in financial matters between building certifiers and other engaged parties (e.g., refund parties for private certification fees paid).
- process complaints against building certification companies (i.e., complaint must be submitted against an individual only)
- process complaints that are not supported with a statutory declaration under Section 190 of the Building Act 1975
- process complaints for multiple sites under one application (i.e., complaints must be made one per site in question). QBCC investigates the certification functions of the building certifier as defined by the Building Act, which typically does not include the communication method or demeanour of building certifiers and how they engage with their clients/customers. (i.e not responding to emails, abusive language etc).
Time limits apply
Time limits apply for making a complaint about the conduct of a certifier, unless the conduct has caused, or may cause, significant financial loss or other serious harm.
A complaint about the conduct of a building certifier must be made within the following timeframes:
- if the certifier’s conduct relates to the certification of building work the subject of a building development approval: 7 years after a certificate of occupancy or final inspection certificate is issued (or the development approval lapses)
- otherwise – if the certifier’s conduct relates to building work for which a building development application has been made: 1 year after the private certifier is engaged or the application is received by the local government
- otherwise – within 1 year of the complainant becoming aware of the conduct.
How to make a complaint
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Gather as much evidence as you can to support your complaint, including:
- engineer’s reports
- inspection certificates
- approval notice
- approval documents
- photographs.
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Download and complete all sections of:
Complaint against a certifier (PDF, 65KB)
If you are a regulatory body, e.g local council or Fire department, use the form below:
Complaint against a building certifier by a regulatory body PDF, 928KB)
Ensure the declaration is signed and witnessed.
Attach supporting evidence and any additional documents if there is insufficient space in the form fields.
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Lodge the form and copies of all supporting evidence to us:
- via the feedback and enquiries form on myQBCC (You will need to be logged in to attach files)
- in person at a QBCC service centre
- by mail.
What happens next?
As outlined below, complaints are managed with a five step process designed to ensure fairness, transparency, and compliance with the Building Act 1975.
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The complainant will receive an email confirming that the complaint has been received, along with a unique case number.
At this step, the complainant is asked to wait to be contacted by the QBCC.
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We will commence a preliminary assessment to determine if the complaint has been properly made.
During the preliminary assessment, we may request additional information from the complainant to complete the assessment.
This assessment is about making sure the complaint has the information as required by the Building Act 1975.
If it meets those requirements, the complaint will continue to Triage (Step 3).
If the complaint does not progress and is dismissed, we will notify the complainant of the reasons and the outcome.
The dismissal of a complaint is not a reviewable decision under section 86 of the Queensland Building and Construction Commission Act 1991.
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Under section 191 of the Building Act 1975, the QBCC must inform the building certifier of the nature of the complaint. As such, the building certifier is notified of the complaint and the supporting documents provided.
We will assess the building certifier’s response as part of the complaint triage to determine the next step.
If the complaint does not proceed to Investigation (Step 4) and is dismissed, a clear written explanation outlining the reasons for dismissal will be provided. As previously stated under preliminary assessment (Step 2)’ a decision to dismiss a complaint prior to an investigation is non-reviewable.
If the complaint proceeds to investigation (Step 4), our role is limited to looking at the certifier’s conduct. Both parties will be notified that the complaint has been progressed to investigation (Step 4).
Assessments can be extensive and take significant time. Contacting us for updates may slow the process. To help us progress cases more quickly, please wait to be contacted once triage is complete.
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We will carefully assess all the information provided (or proceed with the material on hand if no response is received from the building certifier).
Investigations take significant time and contacting for updates may slow the process. No exact timeframe can be given because it depends on the complexity of the complaint. To help us progress cases more quickly, please wait to be contacted.
Once the Investigation is complete, the complaint will be progressed to Decision (Step 5).
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Once Decision (Step 5) is completed the QBCC will provide both parties and the building certifier’s employer or appointer (if applicable) with an Information Notice outlining the reasons for the decision and review rights in relation to the decision.
