Form 35 "Owner Request for a Copy of Inspection Documentation" - Queensland, Australia

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Form 35
Owner request for a copy of inspection documentation
This Form 35 may be used to meet the obligations under Section 124A of the Building Act 1975. The owner, at any time before
the inspection of the final stage of assessable building work may, by notice given to the building certifier, ask for a copy of
any inspection documentation for an earlier stage of assessable building work that was inspected and certified by the certifier.
The requested inspection documentation is to be provided to the owner within five business days after the building certifier
receives this request.
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.
Request the building certifier give
Request building certifier to provide a copy of inspection documentation for
a copy of inspection documentation
earlier stage/s of assessable work
of a stage/s of assessable building
work.
I request
(insert name of building certifier)
the building certifier who performed an inspection/s of the building work, provide
inspection documentation for certified stages of work for my property listed below.
Company name
(if applicable)
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
are shown on title documents or a
Lot and plan details (attach list if necessary)
rates notice.
If the plan is not registered by title,
Local government area the land is situated in
provide previous lot and plan details.
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
Building Act 1975  •  Section 124A  •  Form 35  •  Version 4  •  October 2020
Page 1 of 4
Form 35
Owner request for a copy of inspection documentation
This Form 35 may be used to meet the obligations under Section 124A of the Building Act 1975. The owner, at any time before
the inspection of the final stage of assessable building work may, by notice given to the building certifier, ask for a copy of
any inspection documentation for an earlier stage of assessable building work that was inspected and certified by the certifier.
The requested inspection documentation is to be provided to the owner within five business days after the building certifier
receives this request.
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.
Request the building certifier give
Request building certifier to provide a copy of inspection documentation for
a copy of inspection documentation
earlier stage/s of assessable work
of a stage/s of assessable building
work.
I request
(insert name of building certifier)
the building certifier who performed an inspection/s of the building work, provide
inspection documentation for certified stages of work for my property listed below.
Company name
(if applicable)
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
are shown on title documents or a
Lot and plan details (attach list if necessary)
rates notice.
If the plan is not registered by title,
Local government area the land is situated in
provide previous lot and plan details.
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
Building Act 1975  •  Section 124A  •  Form 35  •  Version 4  •  October 2020
Page 1 of 4
3. Description of the earlier
Insert description of the earlier stages of assessable building work that are the subject of the
stage/s of building work the
inspection documentation being requested:
building certifier has performed,
Please tick the stage/s of assessable building work that is the subject of your request:
a certificate has been issued
Foundation and excavation
and for which the inspection
documentation is requested
Slab stage
This cannot include the final stage, as
Frame stage
the request must be made prior to the
inspection of the final stage.
Other stages/aspects provide description below
Signature
Date
4. Owner’s signature
Building Act 1975  •  Section 124A  •  Form 35  •  Version 4  •  October 2020
Page 2 of 4
APPENDIX
This is the information about the responsibilities of your private certifier
A private certifier has been engaged to approve and inspect building work on your land. This section outlines the role of a private
certifier and where you can obtain more information.
What is a private certifier?
A private certifier can approve and inspect building work in the same manner as the local council. A private 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 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 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 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 certifier issue an approval?
A private 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 certifier do?
A private 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 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).
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 certifier when an inspection is due. A private certifier or
council certifier must carry out a pool fencing inspection. For the other inspections, the private 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.
Building Act 1975  •  Section 124A  •  Form 35  •  Version 4  •  October 2020
Page 3 of 4
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 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, certificates of occupancy, 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 certifiers is available from the
Business
Queensland
website.
Building Act 1975  •  Section 124A  •  Form 35  •  Version 4  •  October 2020
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