High wind residential building lapses prompts Queensland inquiry into private certification

High wind residential building lapses prompts Queensland inquiry into private certification
Jonathan ChancellorDecember 7, 2020

Concerns about building approval lapses in the Mackay region has prompted the Queensland Housing and Public Works Minister Tim Mander to review certification requirements in high wind areas.

A compliance audit by the Queensland Building and Construction Commission inspected 112 properties and identified 11 which failed to meet acceptable framing requirements.

“Those results are unacceptable which is why we need to take a close look at the certification system as a whole,” Tim Mander said.

There are currently approximately 409 licensed building certifiers in Queensland, which represents about one third the number of certifiers registered within the states of New South Wales (1,298 certifiers) and Victoria (1,206 certifiers).

Due to the lower numbers, it has been suggested that Queensland’s certifiers are on average subjected to higher workloads than those practising within New South Wales and Victoria. The lower numbers have raised concerns about the capacity of Queensland certifiers to adequately undertake their legislative responsibilities, such as on-site inspections. 

Mander said the review would examine probity, conflicts of interest, quality and accountability for private certifiers to ensure the certification system was responsive to the needs of consumers and the industry.

“As well as looking at certification the review will examine potential improvements to the Building Act that will further cut costs and reduce delays,” he said.

The review will be led by construction-law barrister and licensed builder Andrew Wallace.

A discussion paper is available with comments being sought until 25 July, 2014.

About 40% of the complaints about private certifiers received by the Commission relate to building development approvals being given without the prerequisite planning approval or in ways that are inconsistent with planning scheme provisions. 

There are approximately 409 building certifiers currently licensed in Queensland. Of these, around 347 are private certifiers. Australian Bureau of Statistics data suggests there were up to 108,877 building approvals issued last year in Queensland. The majority of these approvals are believed to have been issued by private certifiers as most local governments have withdrawn from providing in-house certification services. 

Private certification has reduced the income of local governments. 

The Commission currently receives 56 complaints about private certifiers per year (40% of total complaints received) related to planning matters, mostly from local governments. The matters are usually related to a certifier allegedly misinterpreting a local government planning scheme.

The discussion papers noted a perceived flaw with the system of private certification as the potential for conflicts of interest.

"As private certifiers perform a regulatory role, they must act in the public interest.

"However private certifiers usually have ongoing commercial relationships with individual builders who engage them to provide certification services.

"A potential conflict of interest may arise where a certifier may be tempted to enforce the building standards less strictly in order to preserve that commercial relationship."

Despite the potential for some improvements, there appear to be comparatively few complaints about certifier conduct in Queensland.

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While there were up to 108,877 building approvals issued last year in Queensland, the Queensland Building and Construction Commission receives on average 140 complaints per year about building certifiers.

Of the total average complaints received, only 35% (or 49 per year) resulted in a negative decision and disciplinary action being taken against the certifier. This broadly equates to one complaint per 2,222 approvals per year.

The building legislation provides that buildings must be inspected throughout construction at the stages generally stated within the building development approval. It is usually the building certifier who decides what inspections will be required for any given project.

However, for detached houses, sheds, carports (class 1a and 10 buildings and structures) the building legislation prescribes minimum inspections to be conducted at certain stages. These mandatory, or “critical” inspections must be conducted at footing, slab, frame, and final stage. There is also a mandatory inspection for temporary fence stage inspections (swimming pools only).

Inspection guidelines assist certifiers to fulfil their legislative obligations regarding the critical inspections.

"Despite the existing inspection regime, the Commission encounters recurring building defects relating to wet area waterproofing, waterproofing of exterior decks and balconies and fire-separating wall construction. With the recurring nature of these defects, consideration may be given to increasing the number of mandatory inspections," the discussion paper noted.

The Building Act 1975 was introduced in Queensland in 1975 and prescribed, for the first time, standard building by-laws for all building work in Queensland. It commenced on 1 April, 1976.

The Building Code of Australia (now known as the National Construction Code) was introduced in the early 1990s and replaced the standard building by-laws. It introduced a nationally consistent set of minimum building standards.

In 1998, the system of private certification commenced in Queensland with the aim of improving efficiency and flexibility within the construction industry, and introducing competition into the choice of service providers. The system also reflected National Competition Policy reforms at the time.

There have been a number of reviews of the Building Act 1975 and the system of private certification since their introduction, including in 2003 and 2006. These reviews implemented a number of improvements including mandatory planning and regulatory training for certifiers, amendments to the certifier’s code of conduct, improved documentation requirements and introducing on-the-spot fines for building certifiers who failed to meet their legislative obligations.

In August 2011, the Queensland government commenced a further review of building certification and released the discussion paper Improving building certification in Queensland for public consultation. The results of the consultation and proposed improvements were being considered by government but the review process was put on hold when the Parliamentary Inquiry into the former Queensland Building Services Authority was announced. The discussion paper was subsequently referred to the inquiry for consideration.

On 2 August 2012, the Legislative Assembly directed the Transport, Housing and Local government Parliamentary Committee to inquire into and report on the operation and performance of the Queensland Building Services Authority in its regulation of the construction industry.

The Parliamentary Committee tabled its report in November 2012. The report contained 41 recommendations based on the information received throughout the public briefing, the public hearing process and written submissions.

The Queensland government provided its response to the report in May 2013 in the form of a Ten Point Action Plan released by the Minister for Housing and Public Works, the Honourable Tim Mander MP.

An implementation committee was established to oversee the implementation of all items in the Ten Point Action Plan and report back to government.

Action Item 9 of the Ten Point Action Plan committed the government to undertake a review of the role of private certifiers practising in Queensland. The item places an emphasis on probity, conflicts of interest, quality and appropriate accountability for private certifiers to ensure they adequately perform their functions. 

Jonathan Chancellor

Jonathan Chancellor is one of Australia's most respected property journalists, having been at the top of the game since the early 1980s. Jonathan co-founded the property industry website Property Observer and has written for national and international publications.

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