Building certifiers manage the building approval and inspection process with all relevant practitioners. This helps ensure that all aspects of the building work comply with the Building Act 1975.

They can also advise whether a building approval is needed, as some minor building work may not require an approval (i.e. accepted development).

Some aspects of domestic building work—such as maximum height, setback or character of a building—may be controlled under a local government planning scheme. In that case, a planning permit is required from the local government.

Building certifiers must not design the building or carry out any of the work.

All building certifiers must be licensed with the Queensland Building and Construction Commission (QBCC).

Private certifiers

You can check with the QBCC for the accreditation history of a private or local government building certifier.

The agreement to engage a private certifier must be in writing and state the certification fee.

Most private certifiers have a standard engagement agreement.

Code of conduct for building certifiers

All building certifiers are bound by a strict code of conduct (PDF, 116KB) and have an obligation to always act in the public interest.

Severe penalties can apply if they fail in these duties.

Competent persons and cadets

A building certifier may rely on a 'competent person' to assist with aspects of inspection stages, in specific circumstances.

They may also appoint a cadet to help them perform certain building certifying functions.

Read more about competent persons and cadets.

Role of QBCC

The QBCC:

• conducts audits of building certifiers' work
• investigates complaints made against building certifiers
• takes disciplinary action against building certifiers found guilty of professional misconduct.

Anyone can lodge a complaint against the actions of a building certifier.

The Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 (BIFOLA) amended the Building Act 1975 to introduce requirements for owners, clients, builders and building certifiers.

These provisions apply to building work performed on all classes of buildings. They are in effect from 1 October 2020.

Notification of engagement

If a private certifier is engaged by a client who is not the building owner (i.e builder, architect or company), the client must provide the private certifier with the owner's name and contact details.

The private certifier must notify the owner of their engagement and provide their details and responsibilities to the owner and local government by using building form 18 (PDF, 184KB).

When the client is the owner, notification of engagement to the owner happens by default, however the local government still needs to be notified by using building form 56 (PDF, 184KB).

If the client becomes aware of any change in the owner's name or contact details, they must notify the private certifier within 5 business days.

Additional certifying functions

An owner can only make a request for additional certifying functions if the building certifier was engaged on or after 1 October 2020.

If a building certifier is not engaged by the building owner, the owner may request additional inspections by providing the client an additional certification notice. A building form 31 (PDF, 183KB) may be used for this purpose.

The owner must provide the additional certification notice to the client within 10 business days of the owner getting notice of the building certifier's details.

The client must then give the additional certification notice (e.g. building form 31 (PDF, 183KB)) to the building certifier within 5 business days of receiving it.

The building certifier must perform the additional certification function requested in the notice within the time agreed between the parties, or as determined by the building certifier.

The owner may withdraw their request for additional certifying functions by advising the building certifier that their additional certification notice is withdrawn, but this must be before the nomination of the agreed day or way to determine the agreed day.

Nominating the timeframe for additional certifying functions

All parties must agree to a date to carry out the additional certification functions, or how to determine when they will be performed, within 10 business days of the building certifier receiving an additional certification notice.

If the parties cannot reach an agreement within the timeframe, the building certifier must either nominate a day, or a way to determine the agreed day, and then inform the parties of their decision (within 15 days of the additional certification notice being received by the building certifier).

Inspection documentation

At any time before the inspection of the final stage of assessable building work, the owner can request a copy of any inspection documentation.

The owner may give a notice (building form 35 (PDF, 184KB) may be used for this purpose) to the building certifier requesting a copy of any inspection documentation for a previous stage of work. The building certifier only needs to provide the documentation if they:

• have performed the inspection of an earlier stage of the work
• are satisfied that the stage of work complies with the building development approval
• have given a certificate in the approved form to certify the stage of the work.

The building certifier must, within 5 business days after receiving the notice, give the owner the requested documentation. This request applies to any documentation for the stage of work subject to the owner’s request.

If the building certifier for the work was engaged to inspect the building work before 1 October 2020, the owner cannot request inspection documentation for building work performed prior to the final stage of assessable work.

Recordkeeping requirements

A private certifier must keep all inspection documentation for building work for which the private certifier is engaged for at least 7 years after the building work is completed.

This applies to recordkeeping for building work completed from 1 October 2020.

Under the Building Regulation 2021, some types of building work don't require approvals, including accepted development (previously called self-assessable development and exempt building work).

Accepted development (self assessable) – Schedule 1

Some minor building work is considered accepted development (self assessable), such as:

• a small tool shed (subject to requirements in Schedule 1), stable or similar up to 10m², other than in a tropical cyclone area
• a 1m high retaining wall (if no loads are imposed above it, such as a building or driveway)
• a fence no more than 2m high (not including swimming pool fencing).

If the work is accepted development (self assessable), the owner is responsible for ensuring the work complies with applicable standards, including structural sufficiency, size limits and boundary setbacks.

Minor building work may require approval under local government planning schemes. Owners are responsible for complying with relevant planning schemes.

See the full list of accepted development building work in Schedule 1 of the Building Regulation 2021.

Other accepted development (exempt from relevant provisions) – Schedule 2

Other accepted development doesn't require a building development permit and the owner doesn't need to meet minimum building standards.

This building work includes:

• minor attachments fixed to a building, such as a sunhood to an existing building if the sunhood's area is less than 2m²
• erecting a tent with a floor area no more than 100m²
• the construction of playground equipment no more than 3m high.

Some building work may require approval under council planning schemes. Owners are responsible for complying with relevant planning schemes and should check with the local council before starting any work.

See the full list of other accepted development (exempt) building work in Schedule 2 of the Building Regulation 2021.

How building certification works

Building certification (i.e. inspection) involves independently checking and approving building work to ensure it complies with the safety, health, amenity and sustainability standards specified in legislation and building codes.

The building certifier signs a Form 16 – Inspection certificate (PDF, 158KB) and provides it to a builder to confirm that a stage of construction has been completed satisfactorily.

The building approval addresses the inspection schedule. The builder must notify the building certifier when building work is ready for inspection.

Read more about the role of building certifiers.

Mandatory inspections of class 1a and 10 buildings

The Building Regulation 2021 requires mandatory inspections at the following stages for new houses (single detached class 1a buildings):

• excavation – after excavation of foundation material and before the concrete for the footings, or slab, for the building are poured
• footings – if the building is to have footings—after the placement of formwork and reinforcement for the footings but before the concrete for the footings is poured
• slab – if the building is to have a slab—after the placement of formwork and reinforcement for the slab but before the concrete for the slab is poured
• frame – inspection of the frame (note the breakdown of the framing stage under section 44 of the Building Regulation 2021)
• final – inspection of any outstanding items and the collection of certificates, such as termite protection, wet area membrane installation, glazing, smoke alarms and energy efficiency.

The final inspection of a single detached class 1a building covers aspects such as:

• siteworks and drainage
• termite management systems
• damp and weatherproofing
• fire safety
• health and amenity
• safe movement and access
• construction of wet areas
• glazing
• sub-floor ventilation
• energy efficiency
• water saving measures.

Under the Building Regulation 2021, the only mandatory stage of inspection for class 10 buildings and structures (other than swimming pools) is the final stage of inspection. However, a building approval may list additional stages that require inspection.

The inspection guidelines contain further information regarding aspect inspections.

The requirements for stage inspections of swimming pools are outlined in section 44(1)(e) of the Building Regulation 2021 and the QDC MP 3.4. Building certifiers must adhere to the requirements for undertaking inspections personally as per the provisions under the QDC MP 3.4 The certifier must also personally inspect the final stage and sign the certificate of inspection for the final stage.

Inspections of class 2 to 9 buildings

While the Building Regulation 2021 requires mandatory inspections for class 1a and 10 buildings, it doesn't provide similar requirements for class 2 to 9 buildings.

These building classes include multi-storey residential buildings, office buildings, shops, public halls, and commercial and industrial buildings.

Therefore, we have developed inspection guidelines to give building certifiers advice on meeting their responsibilities for inspections under the Building Act 1975 and Building Regulation 2021.

The guidelines:

• apply a risk-based approach to the inspection of class 2 to 9 buildings
• provide practical and effective methods for meeting statutory duties and obligations
• include a risk matrix, with examples of application for specific buildings.

This information relates to the inspection of stages for single, detached class 1a buildings and relevant class 10 buildings or structures.

Competent persons

A building certifier may use a competent person to provide inspection help for aspects of a stage of building work. The building certifier must first determine that the person is competent to provide the inspection help.

Read Part 6 of the Building Regulation 2021 for the requirements for competency.

Cadets

A cadet is a person appointed to help a building certifier perform building certifying functions.

They are usually:

• employed by a local government or private certifier
• completing studies to become licensed as a building certifier.

Cadets are not licensed and can only help building certifiers assess and inspect building work under supervision.

If a cadet is employed by a local government or private certifier, they can't be used as a competent person by these employers.

However, a building certifier from one organisation may use a cadet from another organisation if the cadet meets the regulation requirements.

Inspections for single detached Class 1a buildings and relevant class 10 buildings or structures

Excavation, footings and/or slab stage

A building certifier can rely on a suitably qualified competent person to help inspect aspects of the excavation, footings and/or slab stages for single detached class 1a buildings and relevant class 10 buildings or structures.

However, a competent person providing an aspect inspection certificate for the boundary clearance aspect of a single detached class 1a building must be a cadastral surveyor. Additionally, a building certifier must not decide an individual is a competent person to give inspection help for the following work unless the individual is a registered professional engineer:

• reinforcement of footing system work for a single detached class 1a building
• formwork and reinforcement for a slab for a single detached class 1a building.

The building certifier must sign the inspection certificate for the excavation footings and/or slab stage, even if they rely on competent persons for all aspects.

Final stage

For both a class 1a building or a class 10 building or structure, a building certifier must personally inspect the final stage of inspection. A competent person can inspect some, but not all, aspects of the final stage.

Certificates

The competent person must give the building certifier a Form 12 – Aspect Inspection Certificate (Appointed Competent Person) (PDF, 150KB) for work they complete so the building certifier can confirm a stage is complete.

To certify a stage, a building certifier needs certificates for all the relevant aspects that make up the stage.

Swimming Pools

The requirements for the inspection of swimming pools are outlined in section 44(1)(e) of the Building Regulation 2021 and the QDC MP 3.4. Only a building certifier may sign the relevant stages of inspection for swimming pools as per the requirements under the QDC MP 3.4.

The owner is responsible for ensuring building approval has been issued and any mandatory inspections have been completed.

The contractor and owner share the responsibility for ensuring building work meets an acceptable standard of quality and finish. Some owners may engage an architect or designer to supervise these aspects of the work.

The building contractor has statutory and contractual obligations for the approval and inspection process. Some builders offer a complete design, approval and construction package. If the builder is to arrange the building approval and inspections, those details should be in a contract.

The builder must comply with any legal requirement relating to the building work on behalf of the owner. Under the building contract, the builder must rectify any building work that doesn't comply with the building legislation.

The party responsible for the cost of rectifying the work depends on the reason for the mistake. More than one party may be responsible for costs.

Contact Queensland Building and Construction Commission about dispute resolution facilities.

Classification of buildings

The National Construction Code (NCC) classifies buildings into 10 different classes depending on their use. Read a summary of the 10 classes.

Queensland uses these classifications in its building standards.

Certificate of occupancy

Under the Building Act, any building that was built after 1 April 1976 should have a certificate of occupancy (formerly known as a certificate of classification) with its building approval.

This doesn't apply to a single detached house (class 1a), carport or garage (class 10).

Local governments, building certifiers, building owners and other stakeholders should be aware of the contents of a certificate of occupancy (section 103 of the Building Act) and where these certificates must be displayed (section 108A of the Building Act).

A building's certificate of occupancy contains information about:

• the building's class
• how the building can be used
• ongoing maintenance requirements
• fire safety
• other special requirements.

Obtaining a copy of a certificate of occupancy

A certificate of occupancy (Form 11) is generally issued by the private building certifier who had responsibility for the building certification process for the property.

The building certifier must give the relevant local government copies of all inspection documentation within 5 business days of the final inspection certificate for the building work or a certificate of occupancy for the relevant building. They must also provide the building owner with a copy of the Form 11.

If a certificate of occupancy isn't available or you don't know if one was issued with the building approval, you can obtain one from the local government. Note: Fees and charges may apply and may vary between local governments when requesting copies of documentation.

Find more information in the certificates of occupancy guideline (PDF, 1MB).

Displaying a certificate of occupancy

Under the Building Act 1975, you must display a certificate of occupancy before a building can be used or occupied, if the building:

• is class 1b to 9
• was completed after 1 July 1997.

Displaying the certificate ensures that building occupants, Queensland Fire Department (QFD) officers and local government officers have the relevant information they need.

QFD and local government officers may ask for a certificate of occupancy to be provided if it's not already displayed. They may also request documents such as fire safety management plans or maintenance reports for fire safety systems.

Where to display an occupancy certificate

The certificate of occupancy should be displayed as near as practical to the main entrance of a building.

If a building has more than 1 main entrance, display the certificate at the entrance that emergency services would normally use and where the building's fire indicator panel is located.

If a certificate for a multi-tenancy building is displayed near the complex's main entrance, the individual unit owners don't need to display a certificate at their unit, unless the use of the unit has changed since the original certificate was issued and has its own certificate of occupancy.

You don't need to display a certificate of occupancy in a frame. However, you should ensure it is fixed securely and can't be damaged.

If it's displayed on the outside of a building, ensure it's protected from the weather.

Tenancies with own entrances

Some buildings have several tenancies that open directly to the outside of the building. In this case, you may display the certificate of occupancy in a single location on the outside of the building.

The certificate should be:

• located as close as practical to the entrance of the property
• weather-proof
• fixed securely.

Alternatively, display a copy of the certificate as near as practical to the entrance of each individual tenancy.

Buildings with more than 1 classification

If there is more than 1 certificate of occupancy for a large building, such as a shopping centre, there are different ways to display them.

You may display:

• all the certificates near the main entrance
• a certificate at each of the tenancies as near as practical to the tenancy's entrance.

Penalty for non-compliance

It is an offence not to:

• display a certificate of occupancy in a building
• comply with the restrictions stated on the certificate.

Failure to do either may result in a financial penalty.