How building approval affects your claim for incomplete built work
When a claim for assistance to complete residential construction work under the Queensland Home Warranty Scheme (QHWS) is approved, progress of the claim is often restricted by missing certificates that relate to the built work finished before the termination of the original contract, such as:
- certificates for regulated stages of assessable development, prohibiting the progression of the work (Form 16), and/or
- aspect inspection certificates by appointed competent persons (Form 12) and aspect certificates issued by licensed subcontractors (Form 43) restricting issuing of a final certificate (Form 21 and Form 17 for Pools) or a certificate of occupancy (Form 11).
Obtaining certificates and building approval
We have no power to assist with acquiring certificates for the building work carried out before the termination of your contract with the original contractor. Assistance for the cost of these certificates is expressly excluded from the QHWS terms of cover.
Note:
- Undertaking the necessary building assessment work to decide if the building work complies with the building approval is the role of a building certifier.
- It is the landowner’s responsibility to acquire and maintain building approval, and to comply with the development approval conditions.
- Consumers must make their own arrangements to obtain any missing certificates for the built work. A final certificate may not be issued unless all the required certificates are lodged with your building certifier.
How we settle your claim for incomplete built work
While the QBCC can settle claims in a variety of ways, it is our position that the most appropriate way to settle claims is to pay an appropriately licensed contractor to complete or rectify the building work. The contractor is appointed by the QBCC following a tender process managed by the QBCC’s external building consultant. The appointed contractor that completes the work is responsible for providing certification for any building work carried out as part of the QHWS claim only.
If your circumstances indicate your claim may be suitable to be settled in another way, your claims officer will discuss the options with you and provide you with written details of the proposal.
What you should do now
To avoid unnecessary delays to the progress of your claim you should contact the building certifier who provided the building approval to advise you about the building approval process and how to engage their services directly.
When requesting a quote from the building certifier to re-engage their services request an itemised quote separating:
- certification of the building work carried out by the original contractor, and
- certification of the new work, the work to be undertaken by the QBCC-appointed completing contractor.
By seeking an itemised quote from the building certifier, you may be entitled to claim for the cost of building approval for the new work, subject to the terms of your original contract and the QHWS.
If you are unable to re-engage with the private certifier who issued the building approval, you should contact your local council for assistance with the appointment of a private certifier.