Commencement Of New Building Certification Regime

The new regime for accreditation, complaint management and investigation and discipline of building certifiers commenced on 1 March 2007.

The amendments affect far-reaching reforms in the areas of accreditation, certification discipline and other aspects of the operation of accredited certifiers in New South Wales. For details of the changes, see our article "Reform of Building and Development Certifications" in our September 2006 Building and Construction Update.

The entitlement of the former accreditation bodies, such as the Department of Planning, Engineers Australia, Professional Surveyors' Occupational Association and Planning Institute of Australia, to accredit and manage building certifiers in New South Wales ceased on 1 March 2007.

Applicants with undetermined applications for accreditation must make a new application to the Building Professionals Board (BPB). A certifier whose accreditation expires from 1 March 2007 to 28 March 2007 must apply to the BPB for renewal, but provided such application is lodged by 28 March, the accreditation will continue until the application is determined by the BPB.

Investigations commenced but not finalised by the former accreditation bodies will be taken over by the BPB and will be subject to the new processes set out in the Building Professionals Act and its Regulation. The code of conduct applicable at the time of any alleged conduct will continue to be applied.

Disciplinary action in the Administrative Decisions Tribunal, that is not finalised prior to 1 March 2007, will be taken over by the BPB and continued if the board determines to do so.
by Rob Riddell

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