Regulatory compliance & statutory notice

1. Legislative framework

In New South Wales, two laws govern building certification: Building and Development Certifiers Act 2018 (NSW) and its companion, Building and Development Certifiers Regulation 2020. On 1 July 2020 they took over from the Building Professionals Act 2005, bringing in a new registration scheme, a conduct code, and continuing professional development requirements for certifiers.

Certifiers carry out statutory functions under the Environmental Planning and Assessment Act 1979 (EP&A Act). They are public officials and must act in the public interest, independently of the people who appoint them.

2. Professional indemnity insurance

Every registered certifier needs professional indemnity cover that satisfies Part 3 of the certifier regulation (Building and Development Certifiers Regulation 2020). CertifiBuild’s certifiers hold this cover.

A certificate of currency can be provided on written request.

3. Conflicts of interest

Under the Act and the code of conduct, a certifier must not act where there is a conflict of interest. They must identify and manage any potential conflict.

Our certifiers do not certify work where they have a financial interest in the project, a close personal or business relationship with the designer, builder or owner, or where they were involved in designing or drafting the work. If a conflict is identified, it is documented and the engagement does not proceed.

4. Complaints

Concerned about a certification decision or our service? Please put it to us in writing first, and we will review it and respond.

If the matter is not resolved, you can contact your local council about work on site, seek mediation through NSW Community Justice Centres, or complain to Building Commission NSW, the regulator for registered certifiers, about how a certifier has conducted themselves.