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Demerit points for certifiers
Below is a list of demerit points that can be applied against a building certifier's licence for certifier offences.
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 failing 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 |