Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 143B

143B Owner may require performance of additional certifying functions

(1) This section applies if—

(a) a building certifier is, or was, engaged by a client to perform certifying functions for a building; and

(b) the owner of the building is not the client.

(2) The owner may by notice (an
"additional certification notice" ) given to the client, direct the client to ask the building certifier to perform a certifying function.

(3) An additional certification notice must—

(a) be given to the client within 10 business days of the owner receiving a notice under section 143A (3) ; and

(b) state the following—

(i) the details of the certifying function to be performed by the building certifier;

(ii) that the client must give a copy of the additional certification notice to the building certifier within 5 business days after receiving the notice.

(4) The client must give a copy of the additional certification notice to the building certifier within 5 business days after receiving the notice, unless the client has a reasonable excuse.

Penalty—

Maximum penalty—20 penalty units.

(5) The building certifier must perform the certifying function stated in the additional certification notice on or before the agreed day, unless the certifier has a reasonable excuse.

Penalty—

Maximum penalty—40 penalty units.

(6) Also, the building certifier must give the owner and client, within 5 business days after performing the certifying function, copies of all documents relevant to that function, unless the certifier has a reasonable excuse.

Penalty—

Maximum penalty—20 penalty units.

(7) The agreed day, or an agreement to determine the agreed day, must be decided within 10 business days after the day (the
"relevant day" ) the client gives a copy of the additional certification notice to the building certifier.

(8) If the agreed day or agreement is not decided under subsection (7) , the building certifier must—

(a) nominate a day, or a way to determine the agreed day, within 15 business days after the relevant day; and

(b) tell the client and owner which day is nominated as the agreed day or the way the agreed day is to be determined.

(9) Subsections (5) and (6) do not apply to the building certifier if, before the following times, the owner tells the certifier that the additional certification notice is withdrawn—

(a) the agreed day or agreement is decided under subsection (7) ;

(b) the agreed day is nominated under subsection (8) .

(10) The owner is liable for the reasonable costs of the performance of a certifying function by the building certifier under the additional certification notice.

(11) In this section—

"agreed day" , for performing a certifying function under subsection (5) , means—

(a) the day agreed to by, or worked out under an agreement between, all of the following—

(i) the client;

(ii) the building certifier;

(iii) the owner;

(iv) if the client is not the builder of the building work the subject of the certifying function—the builder; or

(b) the day nominated by the building certifier under subsection (8) .

"builder" means the person who will be carrying out the building work the subject of the certifying function.

"certifying function" , for a building certifier, means a building certifying function relating to compliance of a building with the BCA or QDC.