Terms and conditions

01. Introduction

These Terms and Conditions apply to the building certification services, inspection deliverables and general website use that CertifiBuild Pty Ltd provides across New South Wales. When you engage our services, ask for a formal assessment or instruct our registered certifiers, you accept these terms and agree that they bind you.

02. Scope of services

CertifiBuild provides statutory building certification and related services, including Complying Development Certificates (CDC), Construction Certificates (CC), Principal Certifier appointments, mandatory critical stage inspections, BCA (Building Compliance Assessment) reports and Occupation Certificates (OC). Our services cover Class 1 buildings (such as houses, duplexes, townhouses and granny flats) and Class 10 structures (for example decks, patios, carports, garages, sheds, pools and retaining walls) across NSW.

All certification functions are carried out by individual certifiers registered under the Building and Development Certifiers Act 2018 (NSW). Fee quotes are based on the information supplied at the time and may change after a full review of the documents, statutory checks and a site assessment. Any change will be confirmed in writing before further work is done.

03. Client obligations

To keep your project compliant and avoid delays, you and your authorised agents agree to:

• Provide complete, accurate and current plans, engineering details, reports and certificates.
• Give our certifiers safe and reasonable access to the site at each required inspection.
• Notify us before each critical stage inspection is due, and reply promptly when we ask for more information.
• Let us know about any change to the approved design before it is built.

04. Handling of client documents

Reasonable steps are taken to guard the documents you give us against misuse, loss and unauthorised access. Our Privacy Policy explains how we handle personal information.

05. Fees and payment

Fees are set out in your written fee proposal, either as a fixed fee or by milestone. Invoices are payable on the terms stated in the proposal. If an invoice is overdue, we may pause non-urgent work, such as further assessment, until it is paid. If you cancel the engagement, fees apply for work already carried out, including assessment and inspections completed before we receive your cancellation notice.

06. Professional standards and liability

Our certifiers perform their statutory functions under the Environmental Planning and Assessment Act 1979 (NSW), the Building and Development Certifiers Act 2018 (NSW) and Building and Development Certifiers Regulation 2020, as well as the code of conduct for certifiers and the National Construction Code. Oversight of certifiers sits with Building Commission NSW.

Our liability is limited as far as the law allows. These terms do not exclude, restrict or modify any consumer guarantee, right or remedy you hold under Australian Consumer Law where the law prevents that.

07. Intellectual property

Assessment notes, reports and other documents prepared by CertifiBuild remain our intellectual property. Once our fees are paid, you may use the reports we prepare for your project for their intended purpose. Statutory certificates, once issued, may be used for all lawful purposes connected with the development, including lodgement with council and the NSW Planning Portal.

08. Complaints and disputes

Concerned about our services or these terms? Please put it to us in writing first, so we can try to settle it directly and in good faith. If the matter remains unresolved after 21 business days, you may:

• Seek free mediation through NSW Community Justice Centres.
• Report a certifier's conduct to Building Commission NSW.
• Apply to the NSW Civil and Administrative Tribunal (NCAT) for a consumer or contract dispute, where it has jurisdiction.

09. Governing law

New South Wales law governs these Terms and Conditions. Each party accepts the non-exclusive jurisdiction of NSW courts and tribunals.

10. Changes to these terms

These Terms and Conditions may be updated to reflect changes in the law, regulator requirements or our services. Any update will appear here with a new revision date. The terms in force when you accept our fee proposal apply to that engagement.