Related information and links
Important: The Building and Development Certifiers Act and Regulation commenced on 1 July 2020.
This new legislation has been created to regulate the certifier industry. It also brings changes in key areas that certifiers need to understand.
Find out more about the changes.
Registered certifiers are public officials and independent regulators of building construction and subdivision work.
They are registered and regulated by NSW Fair Trading.
Certifier obligations and functions
Certifiers have statutory obligations and functions under the Building and Development Certifiers Act 2018, the Environmental Planning and Assessment (EP&A) Act 1979 and other legislation.
Certifiers must:
- act within the terms and conditions of their registration
- comply with the code of conduct
- avoid conflicts of interest
- adhere to the Practice standard for registered certifiers
- have professional indemnity insurance, unless they are a council employee
- complete continuing professional development each year.
The main functions of registered certifiers (building surveyors):
- determine applications for complying development, construction certificates and occupation certificates
- inspect building work at specific stages to determine consistency with approved plans, and compliance with legislative requirements and conditions of consent
- take action to address non-compliant work and, if needed, report it to the appropriate authority, such as the local council.
Certifiers do not supervise or manage building work.
Practice standard for registered certifiers
The Practice standard for registered certifiers sets out the expected conduct of registered certifiers carrying out building certification work. Volumes 1 and 2 of the practice standard focus on certification of new residential apartments and residential buildings (class 1a buildings), respectively. The practice standard will be expanded in time to cover other certification work.
Download the Practice standard for registered certifiers.
The practice standard is issued under section 14 of the Building and Development Certifiers Act as a specified standard which can be prescribed as a condition of registration. Certifiers undertaking certification work for new residential apartments and residential buildings (class 1a buildings) will be required to adhere to it. The first two chapters are common to Volumes 1 and 2 and cover the role of certifiers as public officials and conflict of interest. All certifiers will be expected to adhere to these chapters.
Practice Standard Volume 2- Webinar Q&A
Certifier requirements for corrosion protection of steel post
Steel posts are a popular alternative to traditional concrete footings, providing cost-effective, and environmentally friendly options for builders.
However, a significant number of Class 1a buildings within coastal areas of Eastern Australia, have been constructed on steel posts without due consideration of the corrosivity of the location resulting in inadequate corrosion protection.
Learn more about certifier requirements for corrosion of steel posts.
Our audit strategy for building certifiers
We are committed to restoring trust in the building and construction industry. Audits of building professionals including certifiers will help us ensure that certifiers are complying with the relevant legislation. Our approach to auditing building certifiers outlines our audit strategy.
How to select the BCA edition
Recent developments
The Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Construction Certificates) Regulation 2023 (Amending Regulation) commenced on 3 February 2023. This Amending Regulation included amendments to both the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (EP&A(DCFS) Regulation) and the Environmental Planning and Assessment Regulation 2021.
A copy of the Amending Regulation can be accessed from the NSW Legislation notifications website from the commencement date of the Amending Regulation.
Amending Regulation
The Amending Regulation introduced changes to how the edition of the Building Code of Australia (BCA) is determined for certain construction certificate applications lodged on or after the commencement of the Amending Regulation including:
- Multi storey buildings that are subject to multiple construction certificates, and
- All buildings that are subject to modification/s to development associated with an original construction certificate.
Savings and Transitional Provisions
There is a provision which highlights that the amendments to section 19 of the EP&A (DCFS) Regulation applies to construction certificate applications in relation to an existing development consent for a multi storey building, where the construction certificate which involves the ‘entrance floor’ was not issued before the commencement of the Amending Regulation.
There is another provision which highlights that the amendments apply to an existing development consent for a multi storey building where the construction certificate which involves the ‘entrance floor’ was not issued before the commencement of the Amending Regulation. Additionally, there is a provision that overrides the prescribed condition about compliance with the BCA on existing consents for multi storey buildings.
Guidance material
Registered certifiers case studies
Our case studies will help certifiers understand their role and duties as a public official, and the level and standard at which they are expected to conduct their work.
- Murrant vs Building Professionals Board (PDF, 198.11 KB)
- Wang vs Building Professionals Board (PDF, 198.16 KB)
Professional indemnity policy (insurance)
Certifiers must have professional indemnity insurance that complies with part 3 of the Building and Development Certifiers Regulation.
A professional indemnity policy must:
- provide indemnity to all liability of the registered individual incurred at any time since the registered individual first became a registered certifier
- indemnify the certifier against the liability, which is any breach of professional duty arising from any act or omission of the certifier, and defined in the Regulation
- not have any gaps in cover, unless the certifier’s registration is suspended and they don’t do any certification work during the gap
- provide the minimum level of cover required by the Regulation.
Carrying out certification work without adequate insurance carries a fine of up to $11,000.
Insurance for council certifiers
Council employees are covered by the council's insurance for work done on behalf of the council in the course of their employment by the council. Certifiers who work for a council as a consultant or contractor must have their own insurance.
Company/partnership professional indemnity policies
A company/partnership insurance policy 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.
If a certifier’s previous employer is still in business and has a current professional indemnity policy, the certifier will be covered by the company’s insurance for that period of employment, but will need separate insurance for their subsequent work.
If a previous employer goes out of business or doesn’t purchase a current professional indemnity policy, the certifier must get insurance for that period.
Under the Environmental Planning and Assessment Act, certifiers may be proportionally liable for their past 10 years of work
Under the EP&A Act a person cannot take civil action for loss or damage in relation to defective building work or subdivision work more than 10 years after the date of completion.
When retiring or leaving the profession, certifiers may choose to obtain run-off insurance to cover this 10-year period. This is recommended but not mandatory.
Note: a certifier who signs a contract that waives Part 4 of the Civil Liability Act 2002 (proportionate liability) may void their insurance policy for that project.
Obligations for registered bodies corporate
A registered body corporate is a company that is directed by, and employs certifiers, and is subject to additional legislative requirements.
Obligations for councils as certifying authorities
Local councils must:
- accept an application to act as the principal certifier if NSW Fair Trading approves the council as a replacement certifier
- keep certain records of each certifier employed by the council
- notify NSW Fair Trading when a certifier starts or ends employment with council.