Home Conduct of certifiers Making a complaint

Making a complaint

Contacting the certifier

Before making a complaint against an accredited certifer, it may be appropriate to contact the accredited certifier to discuss your concerns. The accredited certifier has a professional responsibility to consider the matters raised and to advise you of what action, if any, they intend to take.

Discussions should be documented with any agreement reached clearly outlining the terms, conditions, desired outcomes and timeframes of that agreement.

What you need to include in a complaint

It is important for the Board and the accredited certifier to have a clear understanding about the matters that are the subject of the complaint. The Board may decline to deal with a complaint if sufficient particulars about the complaint are not provided.

To lodge a valid complaint under the Building Professionals Act 2005, the complaint must:

• be in writing,
• name the accredited certifier being complained about (from 3 November 2008, this can be an accredited person and/or an accredited company),
• detail the specific allegations against the accredited certifier, and
• be verified by a statutory declaration.

You are encouraged to use the sample complaint and statutory declaration (PDF) (DOC).

A complaint must be specific in detail to indicate the sequence of events and the times, dates and locations, as well as the nature of the alleged behaviour / conduct of the certifier. For examples of the minimum level of detail to provide with a complaint, please see Detail to provide about a complaint.

A complaint must be accompanied by as much relevant documentary evidence as is available to support the complaint including the circumstances that relate to the complaint. The statutory declaration submitted must reference this supporting material.

The supporting information could include, for example, copies of:

• the development consent or complying development certificate and associated plans,
• the construction certificate and associated plans,
• any photographs with an explanation given,
• any correspondence received from the accredited certifier,
• surveys that may have been completed,
• council's relevant development control plan (DCP) or local environmental plan (LEP),
• records of telephone conversations, and/or
• any documents that relate to the occupation certificate, subdivision certificate or strata certificate.

Notifying the certifier about the complaint

The Act requires the Board to inform the accredited certifier of the nature of the complaint and to invite the certifier to make written representations.

The Board will usually provide a copy of the complaint and any other material or information provided in support of the complaint to the accredited certifier to allow him or her to make comments.

If you have any concerns about the Board providing copies of your complaint and other materials to the accredited certifier, you should set out the basis of your concerns for the Board's consideration in a separate letter to accompany the complaint.

Investigating and determinining complaints

Upon receipt of submissions from the accredited certifier, the Board will decide whether the complaint will proceed to full investigation. If the Board determines to investigate a complaint, an authorised officer will be appointed to commence the complaint investigation process which includes the assembling of evidence and the preparation of a complaint investigation report.

A copy of the investigation report is forwarded to the accredited certifier for the making of comment prior determination of the matter by the Board.

The accredited certifier and complainant are advised of the outcome of a complaint investigation and are provided with a copy of the statement of decision.

Complaints may be forwarded to:

Further information

For further information about making a complaint, please contact the Building Professionals Board on 02 9895 5950.