Demerit points for certifiers | Queensland Building and Construction Commission

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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


Last reviewed: 21 Sep 2021 Last published: 21 Sep 2021
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