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 Building legislation review

A Parliamentary Inquiry into the former Queensland Building Services Authority was undertaken in 2012, putting on hold a review of the building certification system at the time. The Queensland Government responded to the parliamentary inquiry 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. The Ten Point Action Plan included establishing the Queensland Building and Construction Commission (the Commission).

An Implementation Committee was established to oversee the implementation of all items in the Ten Point Action Plan. 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.

In early 2014, the government also became aware of potential issues with certification in Mackay relating to framing requirements in high wind areas. A subsequent compliance audit by the Commission inspected 112 properties and identified 11 which failed to meet acceptable framing requirements.

As a result the Commission engaged construction law barrister Mr Andrew Wallace to undertake an external review of the Building Act 1975 and building certification in Queensland.

Mr Wallace’s final report has now been delivered. The report contains 122 recommendations for improving the building and construction industry.

The report takes account of stakeholder feedback received during public consultation on a discussion paper which was released on 15 June 2014. The consultation included written submissions and feedback received during public forums held across Queensland. The public forums were conducted jointly by the Department of Housing and Public Works, the Commission and Mr Wallace. Mr Wallace was tasked with reviewing stakeholder submissions and providing a report to government with the aim of cutting costs and reducing delays within the building and construction industry, as well as delivering greater accountability to consumers and helping protect against conflicts of interest.

Consultation on the Wallace Report

The Wallace Report was released for public consultation on 2 December 2014. The Report raised some new ideas and approaches to issues that were not previously canvassed in the discussion paper released on 15 June 2014. These include:

  • a new licence and scope of work for building surveyors—separate to building certifiers (recommendations 24 to 28)
  • introducing default lapsing times on building approvals (recommendations 55 and 56)
  • enabling the Commission to issue directions against building certifiers for the rectification of defective building work and/or completion of building work and apportionment of liability (recommendation 107)
  • requiring all waterproofing to be conducted by a licensed person regardless of value (recommendation 108)
  • barring of any action against a builder or building certifier after 10 years (recommendation 109
  • increasing minimum indemnity insurance for building certifiers to $2 million (recommendation 110).

Important information to know on the consultation

Public consultation closed on 5pm, 30 January 2015. We are currently compiling all feedback and confirming the next steps on the consultation.

More information

If you have any questions regarding the review, please email buildingcodes@qld.gov.au.



Last updated 04 September 2015    


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