Complaints about certifiers

How we can help

Building Commission NSW regulates the conduct of certifiers in NSW. If you complain to us about a certifier, we may be able to help resolve the issue.

As the regulator, we can:  

• investigate the conduct of a registered certifier and swimming pool inspector, as well as local council certification work
• provide intervention where a customer has entered into an agreement with a certifier who has not met their obligations under Australian Consumer Law (ACL)
• provide dispute resolution between a homeowner and the builder, if the matter is in relation to defective or incomplete residential building work
• help to resolve disputes where damage has occurred due to building works at a neighbouring property, if these works were carried out by a licensed builder or tradesperson.

For more information see Building and renovating complaints.

As the regulator, we cannot:

• order building work to stop
• award compensation or monetary redress to a customer
• act on complaints against property owners (unless they are owner-builders)
• invalidate construction, complying development, or occupation certificates, even if they were issued improperly
• help with civil issues such as fencing, private easements or encroachments
• investigate general complaints about council certification. For example, how a council enforces its powers, functions under the Swimming Pools Act, or issues development consent.

Before lodging a complaint, you should contact the certifier and your local council to try to resolve the matter. 

For your matter to be assessed by us you will be required to supply evidence. You can do this by obtaining a formal resolution from your local council as to why they will not act. Please keep a record of all correspondence.

See more information at  Concerns with development and What certifiers do. 

How councils can help

Local councils are the enforcement regulatory authority responsible for monitoring how development is carried out at the local level.  

This includes ensuring developers and private certifiers adhere to the conditions in the development consent.

Councils employ compliance officers and rangers to do this job within their local area.

Councils can investigate:

• non-compliance with development consent
• errors in reports or surveys related to development applications, which are councils' responsibility.

Councils can order rectification of non-compliant work on site (the Building Commission cannot do this).

Councils’ regulatory powers can result in effective resolution for customers, because they can:

• exercise their powers, even if a principal certifier is employed privately
• issue orders, stop work notices or fines if building work breaches the rules
• issue on-the-spot fines for failure to comply with an order
• issue clean-up, prevention and noise-control notices
• mediate development issues between developers and residents
• take legal action to invalidate a wrongly issued complying development certificate (CDC)
• prosecute the certifier for issuing a construction certificate (CC) or occupation certificate (OC) unlawfully. 

Urgent issues

Urgent issues might include:

• dangerous excavation
• unsafe building works
• swimming pools without a compliant barrier enclosure. 

For urgent issues, contact your local council immediately. 

Before making a complaint

If you need to make a complaint, first consider whether:

• the certifier is responsible. Certifiers don't supervise building sites or ensure the quality of work
• you have contacted the certifier to discuss your complaint. Keep all correspondence and notes from discussions  
• your local council can help. Your council has power to take action at any time if a development is non-compliant. It does not have to wait for a certifier to act, nor for a complaint to be determined. Building Commission NSW cannot order rectification work, or invalidate planning documents.

How to make a complaint

What you need

Before you begin your complaint, make sure you have gathered the following:

• up to 350 words outlining your complaint and the steps you have taken to resolve the matter  
• the certifier’s details, including registration number
• supporting evidence, such as photos, or notes from phone calls, emails or text messages you have made to resolve the issue
• copies of the development consent (with conditions) and plans, construction certificate (CC) and plans, complying development certificate (CDC) and plans and the occupation certificate (OC)
• Principal certifier appointment
• any other information that will help us review the matter.

Any attachments must be in PDF or Microsoft Office Suite formats, or attached as clear, readable photographs.

Visit Building and renovating complaints and fill out the certifier complaints form.

What happens next

Once we have received your complaint, we will email you a reference number.

We will review your complaint and either:

• phone or email you to request more information, or
• progress the matter (if it’s appropriate, we may send the certifier a copy so they can respond. See privacy), or
• send you an outcome letter, which could include further options available to you, such as contacting your local council.  

Note: The time it takes to resolve the complaint will depend on its complexity and how quickly you provide any further requested information. 

Possible outcomes  

Your complaint is proven

If your complaint is proven, Building Commission NSW may take disciplinary action against the certifier.  

Disciplinary register

We publish disciplinary actions in the Certifier Disciplinary Register. Your details won’t be published.

Note: We cannot stop building work, or award you compensation.

Your complaint is dismissed

Building Commission NSW may dismiss your complaint if:

• you cannot give us further information upon request, or we cannot verify your evidence
• we deem it to be trivial, lacking in substance or not made in good faith
• there are alternative ways to address the matter, such as mediation
• it doesn’t address certifier conduct
• the matter has been dealt with previously.

Privacy

Your complaint and supporting documents may be sent to the certifier for a response.  

You can request to stay anonymous and for documents not to be shared. Building Commission NSW might agree, but this could make your allegations harder to prove.

Note: Any documents related to your complaint may be subject to application for access under the Government Information (Public Access) Act 2009 (GIPA). See What is public access to information?

Information for certifiers

Where we identify conduct issues and breaches of legislation, we have a range of regulatory options available to us.

Options include:

• education,
• investigation, and/or
• disciplinary action. We publish disciplinary actions in the Certifier Disciplinary Register.

The option we enforce will depend on the circumstances of the breach. It will include consideration of the certifier’s previous history of compliance, consumer detriment, and our compliance priorities.

Note: It is our policy not to disclose information that is part of investigative and compliance activities. This policy is designed to maintain the integrity of our law enforcement activities and protect the reputation of those who may be the target of unsubstantiated allegations.

The complaint information we receive will be retained for recording and intelligence purposes.

Appealing the decision

A certifier can appeal a disciplinary decision via:  

• an internal review. Visit Fair Trading’s compliance role
• the NSW Civil and Administrative Tribunal. Visit How to apply to NCAT.

As the complainant, you cannot appeal the decision.