Queensland Building and Construction Commission Act 1991 - Queensland

Service summary

The Act establishes a licensing system for contractors in the building industry and provides grounds for disciplinary action for any failure to meet prescribed standards of conduct and work.

The Act provides for quick and inexpensive resolution of building disputes through the Queensland Civil and Administrative Tribunal (QCAT) whose procedures allow parties in dispute to appear without the need for legal representation.

The Act also establishes a Statutory Insurance Scheme to assist consumers with the rectification and/or completion of residential construction work. The Act further provides for an advisory service providing information to contractors and consumers on their rights and obligations under the Act as well as general education and advice on developments in the industry.

The Act empowers the Queensland Building and Construction Commission (QBCC) to carry out any function authorised by other legislation. QBCC is responsible for the accreditation of building certifiers under the Sustainable Planning Act 2009 and the Building Act 1975.

Important note:

  1. to regulate the building industry
    1. to ensure the maintenance of proper standards in the industry; and
    2. to achieve a reasonable balance between the interests of building contractors and consumers; and
  2. to provide remedies for defective building work; and
  3. to provide support, education and advice for those who undertake building work and consumers.

A QBCC site supervisor licence is available.  An employee or officer (of a licensed contractor) is required to hold a Site supervisor licence where they are personally supervising building work carried out under their employer's licence.

Fire occupational licensing is mandatory for all practitioners carrying out or supervising Fire Protection work in Queensland.

 

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Building contractor

a person or company who carries on a business that consists of or includes carrying out building work, and includes a sub contractor who carries out building work for a building contractor.

Building work

But does not include work of a kind excluded by regulation from the ambit of this definition.

  1. the erection or construction of a building
  2. the renovation, alteration, extension, improvement or repair of a building
  3. the provision of lighting, heating, ventilation, air conditioning, water supply, sewerage or drainage in connection with a building
  4. any site work (including the construction of retaining structures) related to work of a kind referred to above
  5. the preparation of plans or specifications for the performance of building work
  6. a contract administration carried out by a person in relation to the construction of a building designed by the person
  7. fire protection work
  8. carrying out site testing and classification in preparation for the erection or construction of a building on the site
  9. carrying out a completed building inspection
  10. the inspection or investigation of a building, and the provision of advice or a report for the following
    1. termite management systems for the building
    2. termite infestation in the building.

Lodgement

Comply

The Act establishes the QBCC's power to inspect building work to ensure compliance with appropriate standards of work. The QBCC may take action before the Queensland Civil and Administrative Tribunal (QCAT) or the courts to recover any sum paid under the Statutory Insurance Scheme to rectify or complete residential construction work.

Penalty provisions in the form of fines or disciplinary proceedings before QCAT are established for various breaches of the Act. Disciplinary proceedings may result in a fine or the suspension or cancellation of a contractor's licence.

Decisions of QCAT are binding on all parties and may be enforced through the courts if required.


Appeal

Appeal process

Lodgement

A person affected by a decision of the Commission may apply to QCAT for a review of the decision. A party to any proceeding before QCAT may appeal the decision on the grounds of an error of law or want of jurisdiction.

A party to any proceeding may also apply to QCAT for a reconsideration of any determination based on a significant clerical mistake or factual error in the findings of QCAT.


Administering agency

Minister for Housing and Public Works

Regulation(s) name

Queensland Building and Construction Commission Regulation 2003 (Queensland)

Contact details

Customer Contact Centre
Queensland Building and Construction Commission

Operating address:
299 Montague Road
West End
Queensland 4101
Mailing address:
GPO Box 5099
Brisbane
Queensland 4001

Phone:

1300 272 272

Fax:

07 3225 2999

Website:

Queensland Building and Construction Commission Opens in a new browser window

Supporting information

Disclaimer

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