Working as a certifier

As a certifier, you must follow specific laws to ensure you meet the requirements of your registration. Find out about your obligations here.

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Key information

As a certifier, you:

  • are an independent regulator of building work
  • inspect building work and take action to address non-compliant work
  • do not supervise or manage building work. 

All certifiers, in any class of registration:

  • are public officials
  • must act in the public interest
  • must identify and appropriately manage potential conflicts of interest.

Laws to follow

There are laws you must follow to ensure you meet the requirements of your certifier registration, such as:

Duties of a certifier

Certifiers have specific legal responsibilities and duties they must undertake.

As a certifier, you must:

The main duties of registered certifiers (building surveyors) are to:

  • assess applications for complying development, construction certificates and occupation certificates
  • inspect building work at specific stages. You must determine consistency with approved plans, and compliance with legislative requirements and conditions of consent
  • take action to address non-compliant work. If needed, you must report it to the appropriate authority, such as the local council.

Certifiers do not supervise or manage building work. 

Forms and templates

Find the documents you need to do your job.

Information sheets for certification contracts

By law, any contract for certification work must include one of the following information sheets, depending on the type of work you do. 

Complying development notification

If you receive an application for complying development in a metropolitan area, you’re required to notify certain neighbours 14 days before it’s determined.

Visit What to tell your neighbours to find templates for certifiers and applicants.

Written direction under the EP&A Act

For some non-compliances, you are required to issue a Written direction under the EP&A Act. Use with the Guidelines for written directions notices.

Find out more at Forms and templates for registered certifiers.

Practice Standard 

The Practice Standard for Registered Certifiers sets out the conduct expected of you when carrying out building certification work.

Following the Standard is a condition of registration under section 14 of the Building and Development Certifiers Act.

To read the Practice Standard visit:

Both volumes also cover the role of certifiers as public officials and conflict of interest. All certifiers are required to adhere to these chapters. 

Practice advice

For detailed information and commonly asked questions, see Practice advice for certifiers.

Restoring community trust through auditing

We are committed to restoring the community’s trust in the building and construction industry. 

Audits of building professionals, including certifiers, will help us ensure you’re complying with the relevant legislation. 

Learn more at How we audit building certifiers. 

Insurance

Professional indemnity policy

As a certifier, you must have professional indemnity insurance that complies with part 3 of the Building and Development Certifiers Regulation.

As a certifier, your professional indemnity policy must:

  • cover all liabilities from the time you first became registered
  • protect you against any claims of professional negligence or omissions, as defined by the Regulation
  • ensure there are no gaps in coverage, unless your registration is suspended and you aren't doing any certification work during that time
  • meet the minimum level of cover required by the Regulation.

Note: If you carry out certification work without having adequate insurance, you could be fined up to $11,000.

Insurance for council certifiers

Council employees are covered by the council's insurance for certifier work done on behalf of the council.

If you work as a certifier for a council as a consultant or contractor you must have your own insurance.

Company/partnership insurance

Learn about the professional indemnity policy (insurance) rules for companies and partnerships:

  • A company's (or partnership's) insurance must cover anyone who is, or was, a certifier and a director/employee. Each certifier at the company may need separate insurance for their work before they joined the company.
  • A company/partnership insurance policy must cover
  • If a certifier's former employer is still operating and has insurance, the certifier is covered for that time. But for any work done after leaving, they need their own insurance. If the old employer goes out of business or doesn't have insurance, the certifier must get their own insurance for that period.

Period of liability

  • Certifiers can be held proportionally liable for their work for up to 10 years under the Environmental Planning and Assessment Act.
  • Civil lawsuits for defective building work must be filed within 10 years of completion. This limit doesn't apply to cases involving death or personal injury. 
  • When you retire or leave the certifier profession, you can get run-off insurance to cover the 10-year liability period. This is recommended but not mandatory.
  • Signing a contract that waives Part 4 of the Civil Liability Act 2002 (proportionate liability) might void your insurance policy for that project. 

Laws bodies corporate and councils must follow

A registered body corporate is a company that is directed by, and employs, certifiers. Find out what bodies corporate must do in Additional requirements for registered body corporate.

Local councils can act as a principal certifier and employ certifiers.

Local councils must:

  • accept an application to act as the principal certifier if Building Commission NSW approves the council as a replacement certifier
  • keep certain records of each certifier employed by the council
  • notify Building Commission NSW when a certifier starts or ends employment with council. 
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