Form 18 "Notice to the Owner (Where Owner Is Not the Client) That a Private Building Certifier Has Been Engaged" - Queensland, Australia

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Notice to the owner (where owner is not the client)
Form 18
that a private building certifier has been engaged
This form applies when a private building certifier has been engaged by a client, who is not the owner of the building, to
undertake private certifying functions.
Section 143A(3) of the Building Act 1975 requires the private building certifier, within 15 business days after the engagement
starts, to give the owner, in the approved form (Form 18), their name and details of their responsibilities as the engaged
private building certifier, unless the private building certifier has a reasonable excuse.
Notify the owner of a building that a
Notify the owner of a building that a private certifier has been engaged
private certifier has been
engaged.
(send to owner).
I advise that (insert name of private building certifier in the box)
has been engaged as the private building certifier to assess and carry out inspections
of the proposed building work described in sections 1 and 3 below.
Company name (if applicable)
Date of engagement
DD / MM / YYYY
a. The fee payable to assess and carry out inspections of single detached class
1a buildings and structures and class 10 buildings and structures will cover the
following inspections by the certifier:
Foundation and excavation
Slab stage
Frame stage
Final stage
Other stages / aspects (please indicate)
b. The fee payable to assess and carry out inspections for all other classes of
buildings refers to the inspections included in the development application.
Note: the fee does not include the cost of any additional certifying functions to be
carried out on request by the owner under an additional certification notice (Form 33)
(refer section 143B of the Building Act 1975)
Street address (include number, street, suburb/locality and postcode)
1. Property description
The description must identify all land
the subject of the application.
State
Postcode
The lot and plan details (e.g. SP/RP)
QLD
NSW
VIC
TAS
SA WA
NT
ACT
Lot and plan details (attach list if necessary)
are shown on title documents or a
rates notice.
If the plan is not registered by title,
Local government area the land is situated in
provide previous lot and plan details.
Building Act 1975  •  Section 143A(3)  •  Form 18  •  Version 4  •  October 2020
Page 1 of 4
Notice to the owner (where owner is not the client)
Form 18
that a private building certifier has been engaged
This form applies when a private building certifier has been engaged by a client, who is not the owner of the building, to
undertake private certifying functions.
Section 143A(3) of the Building Act 1975 requires the private building certifier, within 15 business days after the engagement
starts, to give the owner, in the approved form (Form 18), their name and details of their responsibilities as the engaged
private building certifier, unless the private building certifier has a reasonable excuse.
Notify the owner of a building that a
Notify the owner of a building that a private certifier has been engaged
private certifier has been
engaged.
(send to owner).
I advise that (insert name of private building certifier in the box)
has been engaged as the private building certifier to assess and carry out inspections
of the proposed building work described in sections 1 and 3 below.
Company name (if applicable)
Date of engagement
DD / MM / YYYY
a. The fee payable to assess and carry out inspections of single detached class
1a buildings and structures and class 10 buildings and structures will cover the
following inspections by the certifier:
Foundation and excavation
Slab stage
Frame stage
Final stage
Other stages / aspects (please indicate)
b. The fee payable to assess and carry out inspections for all other classes of
buildings refers to the inspections included in the development application.
Note: the fee does not include the cost of any additional certifying functions to be
carried out on request by the owner under an additional certification notice (Form 33)
(refer section 143B of the Building Act 1975)
Street address (include number, street, suburb/locality and postcode)
1. Property description
The description must identify all land
the subject of the application.
State
Postcode
The lot and plan details (e.g. SP/RP)
QLD
NSW
VIC
TAS
SA WA
NT
ACT
Lot and plan details (attach list if necessary)
are shown on title documents or a
rates notice.
If the plan is not registered by title,
Local government area the land is situated in
provide previous lot and plan details.
Building Act 1975  •  Section 143A(3)  •  Form 18  •  Version 4  •  October 2020
Page 1 of 4
Name (in full)
2. Owner’s details
If the owner is a company, a contact
person must be shown.
Company name (if applicable)
Contact person
All correspondence will be mailed to
this address.
Business phone number
Mobile number
Email address
Postal address
State
Postcode
QLD
NSW
VIC
TAS
SA WA
NT
ACT
3. Description of proposed building
Insert description:
work
Name of building certifier (in full)
4. Private certifier’s details
If the certifier works for a company, a
contact person must be shown.
Company name (if applicable)
Contact person
Business phone number
Mobile number
Email address
Postal address
State
Postcode
QLD
NSW
VIC
TAS
SA WA
NT
ACT
Licence number
Signature
Date
5. Private certifier’s signature
Building Act 1975  •  Section 143A(3)  •  Form 18  •  Version 4  •  October 2020
Page 2 of 4
APPENDIX
Additional explanatory information about owner requests for additional certifying functions and inspection documentation
Within 10 business days of the owner receiving Form 18 the owner must give an additional certification notice (i.e. Form 33) to the client
if the owner wants to direct the client to request the building certifier to perform additional certification functions.
Within five business days after receiving the additional certification notice (Form 33) the client must give a copy of the notice to the
building certifier engaged for the building assessment work.
Section 143B(5) of the Building Act 1975 requires the building certifier to perform any additional certification inspections stated in the
additional certification notice (Form 33) on or before the agreed day, unless the certifier has a reasonable excuse.
The agreed day
The agreed day is defined under section 143B(11) of the Building Act 1975 as the day agreed to by, or worked out under an agreement
between the client (e.g. the builder), the building certifier, the owner and the builder (if not the client) for the work that is the subject of
the additional certifying function to be undertaken by the building certifier.
If the agreed day is not decided within 10 business days after the day the client gives a copy of the additional certification notice (the
relevant day) to the building certifier, then the building certifier must nominate the agreed day or the a way to determine the agreed day.
For instance, if such an agreement cannot be reached, within 15 days after the relevant day (10 days after the client gives a copy of the
additional certification notice to the building certifier) then the building certifier must either nominate a day, or a way to determine
the agreed day and then inform the client and owner. For example, the certifier may nominate the way to determine the agreed day is
within two days of the date when the client contacts the building certifier and tells them the building work the subject of the additional
certifying notice is ready to be inspected.
Note: the owner cannot request additional certifying functions if the building certifier for the work was engaged to inspect the building
work before 1 October 2020.
Cost of additional inspections
Under section 143B of the Building Act 1975 the owner is liable for the reasonable costs of the performance of any additional inspections
of assessable building work described in the additional certification notice. The building certifier will determine a reasonable cost to
carry out any additional certifying functions.
THIS IS THE INFORMATION ABOUT THE RESPONSIBILITIES OF YOUR PRIVATE BUILDING CERTIFIER
A private building certifier has been engaged to approve and inspect building work on your land. This section outlines the role of a
private building certifier and where you can obtain more information.
What is a private building certifier?
A private building certifier can approve and inspect building work in the same manner as the local council. A private building certifier
is engaged under a written contract with the person who made the application. This may be the building designer, the builder or the
property owner. Once hired, a private building certifier must also notify the local council within five business days if engaged by the
owner, and within 15 business days if engaged by the client.
Private building certifiers are licensed to practice by the Queensland Building and Construction Commission and must abide by State
legislation and a Code of Conduct. The Code and the laws require a private building certifier to act in the public interest above all other
obligations under the Building Act 1975. The certifier must not take action that would compromise the health and safety of any person,
the amenity of their property or significantly conflict with a local council’s planning scheme. The Code also sets out standards of conduct
and professionalism expected from certifiers.
When can a private building certifier issue an approval?
A private building certifier cannot issue an approval until other necessary approvals, such as town planning approval by the council,
have been given, and copies of relevant documents are lodged with the council for archiving.
What does a private building certifier do?
A private building certifier can perform the following functions:
assess whether proposed building work complies with acceptable health and safety standards called up by building legislation (i.e.
Building Code of Australia)
issue approvals for the building work
carry out inspections to determine if the building complies with building legislation and any conditions they impose on the approval
issue a final inspection certificate or certificate of occupancy for the building work
take any necessary action to ensure the building work complies with the legislation.
Where the building work involves a detached house or ancillary buildings such as a garage or shed, the private building certifier must
send a copy of the development approval and approved plans to the owner.
What inspections will be done?
The required inspections will be shown on the development approval. For houses the following mandatory inspections must be
undertaken:
foundation and excavation (before the footings are poured)
slab (before the concrete is poured)
frame (before the cladding or lining is fixed or for reinforced masonry construction, before the wall cavities are filled)
final (at the completion of all aspects of the building work)
any additional certifying function/s requested by the owner under an additional certification notice (i.e. Form 33 – Additional
certification notice).
Building Act 1975  •  Section 143A(3)  •  Form 18  •  Version 4  •  October 2020
Page 3 of 4
For alterations including additions to a house, inspections must be undertaken for each stage of the building work that applies to the
alteration.
For private garages, carports and sheds an inspection is required at the final stages of construction. For swimming pools and required
fencing, an inspection must be carried out and the fence certified before the pool is filled with water to a depth of 300mm or more.
The person carrying out the building work must give notice to the private building certifier when an inspection is due. A private building
certifier or council certifier must carry out a pool fencing inspection. For the other inspections, the private building certifier will either
carry out inspections personally or appoint competent persons to inspect and approve aspects of work.
For Class 1a and 10 buildings or structures, when the final inspection is complete, the building certifier must provide the owner with a
final inspection certificate and any other inspection documentation for inspection of the building work. A copy will be given to the local
council at the completion of the building work.
For all other classes of buildings, a certificate of occupancy must be provided to the owner when the building certifier considers that the
work is substantially complete.
Owner request for inspection documentation
At any time before the inspection of the final stage of assessable building work the owner of the building may ask the building certifier
for a copy of any inspection documentation for any previous stages of building work. To request inspection documentation the owner
must compete the approved Form 35 – Building owner request for inspection documentation and provide it to the building certifier for
the assessable building work.
The building certifier must, within five business days after receiving Form 35 give the owner the requested inspection documentation.
Note: the owner cannot request inspection documentation for building work if the building certifier for the work was engaged to inspect
the building work before 1 October 2020.
Owner requests for additional certifying functions (certification inspections)
An owner who did not engage the building certifier themselves may request that the building certifier perform an additional certifying
function such as an additional inspection under section 143B of the Building Act 1975. The owner may complete an Additional
certification notice –Form 33 and needs to provide a copy to the client within 10 business days of receiving notice of the certifier’s
details. The owner is responsible for all reasonable costs associated with any requested additional certifying functions. For more
information, see the appendix of Form 33.
Note: the owner cannot request additional certifying functions for building work if the building certifier for the work was engaged to
inspect the building work before 1 October 2020.
Who is responsible for the standard of work?
Both the building contractor and owner are responsible for ensuring building work is carried out to a standard of quality and finish
required by the owner under the conditions of contract. The private building certifier is not responsible for standards of workmanship
higher than the acceptable health and safety standards called upon by State legislation.
What is the State legislation?
Planning Act 2016 – establishes an efficient, effective, transparent, integrated, coordinated, and accountable system of land use
planning, development assessment and related matters that facilitates the achievement of ecological sustainability.
Building Act 1975
regulates building development approvals, building classification, swimming pool safety and sustainable
buildings in Queensland as well as the licensing, auditing and compliance requirements of building certifiers.
Building Regulation 2006
prescribes requirements for building work, building certifiers, inspections of building work,
appointments of competent persons and cadets and pool safety inspectors, prescribes accepted development and the Queensland
Development Code Parts and other requirements subordinate to the Building Act 1975.
Queensland Building and Construction Commission Act 1991
regulates the building industry, regulates and provides remedies for
defective building work, investigates complaints including about building certifiers and QBCC licensees, regulates domestic building
contracts and provides advice, supports and educates those undertaking building work and consumers.
State legislation can be accessed at www.legislation.qld.gov.au.
Where can I get further information?
Further information about the performance and obligations of building certifiers is available from the Queensland Building and
Construction Commission. The QBCC can be contacted by submitting a general enquiry at
https://my.qbcc.qld.gov.au/s/contactsupport
or by calling 139 333.
Further information about State government legislation and the Code of Conduct for private building certifiers is available from the
Business Queensland
website.
Building Act 1975  •  Section 143A(3)  •  Form 18  •  Version 4  •  October 2020
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