QLD - Builder finished without notifying Building Certifier

Peter W · Feb 15, 2024 4:40 pm

Hi,

I contracted a Builder to do a Garage to Bedroom + ensuite conversion (Class 1a), the Builder engaged the Certifier and Engineer and received BDA from the Certifier back on 01/11/2023.

The day before the Builder invoiced me Practical Completion (which I have disputed) I discovered that the Builder hadn't engaged the Building Certifier at all, didn't give any notice for inspections, didn't follow the Building Development Approval, didn't comply with the contract or even follow the relevant legislation around pausing work until a Certificate of Inpsection is issued for the stages.

After the Building Certifier became aware of the above, they started requesting compliance certificates from the builder, however it doesn't seem like the Builder has one for the slab inspection stage (form 12 from engineer for the slab stage) and he is also choosing to withhold one for Insulation work he did (which he complete without a variation).. the BDA and the legislation appears to state that the builder can't progress work until a Certificate of inspection is issued for the relevant stage (which he complete back in November).

Given that my slab was poured 4 months ago, what are my options for getting compliance here? Both the QBCC and the Building Certifier are saying that they can't make the Builder give Certificates?

Does anyone have any advice or guidance on how I should proceed forward, am I just forced to go to QCAT?

Beechey · Nov 19, 2024 6:01 am

Peter W

Hi,

I contracted a Builder to do a Garage to Bedroom + ensuite conversion (Class 1a), the Builder engaged the Certifier and Engineer and received BDA from the Certifier back on 01/11/2023.

The day before the Builder invoiced me Practical Completion (which I have disputed) I discovered that the Builder hadn't engaged the Building Certifier at all, didn't give any notice for inspections, didn't follow the Building Development Approval, didn't comply with the contract or even follow the relevant legislation around pausing work until a Certificate of Inpsection is issued for the stages.

After the Building Certifier became aware of the above, they started requesting compliance certificates from the builder, however it doesn't seem like the Builder has one for the slab inspection stage (form 12 from engineer for the slab stage) and he is also choosing to withhold one for Insulation work he did (which he complete without a variation).. the BDA and the legislation appears to state that the builder can't progress work until a Certificate of inspection is issued for the relevant stage (which he complete back in November).

Given that my slab was poured 4 months ago, what are my options for getting compliance here? Both the QBCC and the Building Certifier are saying that they can't make the Builder give Certificates?

Does anyone have any advice or guidance on how I should proceed forward, am I just forced to go to QCAT?

Hi Peter, fid you get a resolution to your issue. The same thing has happened to me and I found out that the builder has not paid the suppliers and this is why I can't get the certificates. There seems to be nobody to enforce the contract., unless you take the builder to court. I am trying Fair Trading. Basically, you have not received what you paid for. Good luck.

Peter W · Nov 19, 2024 7:23 am

My issue was resolved as the certifier waved some of my slab inspection requirements and in the end all other certificates were provided (after long drawn out process involving legal costs)

none of this is legal advice obviously, so if its a large some of money i would probably be engaging a lawyer for legal advice...

If you have negotiated and explored all avenues with the builder... in writing give the builder another opportunity / deadline to provide the certificates (your building certifier can generally do this on your behalf).

then from what i gathered from my ordeal is that next steps are QBCC (who are toothless tigers), they will give you a paper saying they cant resolve this dispute...... you can use the QBCC paper to go QCAT.. Which I believe you can just self represent.