The new Building Regulation 2021 commenced on 1 September 2021 replacing the old Building Regulation 2006 and there have been significant changes in the required inspection forms and processes. There are now 3 forms (Form 12, 16 and 43) for inspection certification that may be requested depending on the class of the building, who is providing the certificate and what they are certifying.
The Department of Energy and Public Works (DEPW) administers the Building Act 1975 (BA) and Building Regulation 2021 (BR). To assist in the interpretation of the legislation, DEPW has recently published a suite of guidelines, including the Guideline for the assessment of competent persons (the Guideline). The guideline sets out the circumstances in which a building certifier can deem persons competent to assist with the inspection of building works and give a Form 12. The guidance is provided in accordance with s.34 of the Building Regulation 2021 which provides that a certifier can decide an individual is competent to provide inspection help. The Acts Interpretation Act 1954 provides that an individual is a natural person. Therefore, a competent person can only be a person not a corporation; only a person can give a Form 12 certification, not a corporation.
Further information can be found at DEPW’s guideline page where surveyors and certifiers can access the latest version of the Guideline.
| Inspection Certificate Type | Form Type | Description |
| Stage Certificate | Form 16 | The building certifier is the only person who can issue a Stage Certificate (Form 16) for the Mandatory Inspections Foundation; Slab; Final. The building certifier or person deemed competent by the Building Certifier can issue a Stage Certificate (Form 16) for the Mandatory Inspections Bond Beam; Floor, Wall and Roof Frame. |
| Aspect Certificate | Form 12 | A Form 12 will be used by a competent person when they are certifying an Aspect of building work. A competent person has to be deemed competent by the building certifier (under the Guideline-for-Competent-Persons) before they provide any inspection help to the building certifier. |
| Form 43 | A QBCC Licensee can issue a Form 43 for an Aspect of building works that is covered by their QBCC license. | |
| Notice that the stage of work does not comply | Form 62 | Where an Appointed competent person is not satisfied the stage or work complies. Replaces Form 61 Non-compliance notice. |
Form 12 – When is this certificate needed? (extract from Form 12 Appendix Page 3)
When is this certificate needed? (sections 10 of the Building Act 1975 (Building Act) and 75 of Building Regulation 2021 (BR 2021)) When performing a building certification function, a building certifier may accept and rely on an aspect inspection certificate from an appointed competent person to satisfy themselves that an aspect of work has been completed and complies with the building development approval.
For a single detached class 1a building a building certifier can only accept this form for an aspect of work that is for
- boundary clearance if the appointed competent person is a cadastral surveyor, and,
- the reinforcement of footing systems if the appointed competent person is the appropriate registered professional engineer.
For further information about inspections for detached class 1a and 10 buildings or structures, refer to Guideline for inspections of class 1 and 10 buildings and structures.
Who is a Cadastral Surveyor?
The Building Regulation 2021 defines a cadastral surveyor as being the same definition of a cadastral surveyor as per the Surveyors Act 2003, schedule 3.
cadastral surveyor means a surveyor who holds a registration endorsement for carrying out cadastral surveys.
Who can provide a certification of an aspect of building work relating to a boundary clearance?
If a certification is required regarding the location of any building, improvement, or utility in relation to a property boundary, this must be provided by a person who is a registered cadastral surveyor. This includes a Form 12 aspect certification in relation to the boundary clearance aspect of a building per s74 of the Building Regulations 2021 relating to the Building Act 1975.
Note: Where a person who is a registered cadastral surveyor provides a boundary clearance certification and does so while acting within the scope of their duties for a corporation then they should ensure that their actions are protected by an appropriate professional indemnity insurance policy.
Who can provide a certification of an aspect of other building work, ie. other than a boundary clearance?
The Board believes that the building certifier will be best placed to determine whom a suitable competent person is to provide a certification of an aspect of building work other than a boundary clearance.
As a person, can a Surveyor (with no cadastral endorsement), Surveying Associate or Surveying Graduate provide a boundary clearance certification?
No. As they are not a cadastral surveyor then they are not permitted to provide a boundary clearance certification.
Can a corporation (with a cadastral endorsement) provide a boundary clearance certification?
No. Only a person (with a cadastral endorsement) can provide a boundary clearance certification.