Buildcert Terms & Conditions



1.1 The applicant has engaged Buildcert QLD Pty Ltd (Buildcert) – or any of the Employees of Buildcert of this contract to perform certification work as per the terms and conditions set out in this agreement.

1.2 The applicant is the owner as specified in the Buildcert Engagement notice.

1.3 This agreement supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter.

1.4 Private Certification – Building Act 1975 (Qld)
By completing the Engagement Agreement, you (Applicant) are acknowledging that you have appointed Buildcert QLD Pty Ltd (Buildcert), to provide the Development Application Assessment Services for the Project and are entering into an agreement with the Building Surveyor as to the terms and conditions which apply to the Development Application Assessment Services


2.1 Insurer: Lloyd’s Insurance Broker, Policy No. B0507FE2400088; Period 29 April 2024 to 29 April 2025.


Buildcert provides the following to the applicant:-

3.1 Assess and decide a development application for building work against the requirements of the Building Act 1975;

3.2 Carry out inspections of the stages of assessable building work in accordance with section 24 of the Building Regulation 2006 to decide if the building work has been carried out in accordance with the Building Act 1975;

3.3 Prepare, sign and lodge all documents on behalf of the Client in relation to Development Applications forming part of this engagement for the above Site.

3.4 Other services set out in the Fee Proposal or Certification quotation document.

The applicant acknowledges and agrees:-

3.5 There is no obligation on Buildcert to commence the provision of the Services of these Terms and Conditions until the Client has:

3.6 Paid the Services Fee and any other amount payable to Buildcert in accordance with this Agreement; and

3.7 Provided the information required of the Engagement Agreement;

3.8 Buildcert will exercise all reasonable endeavours to ensure that the Services in these Terms and Conditions are carried out in ten (10) business days from Buildcert receipt of all relevant documents which are required to complete the Services.

3.9 If and to the extent Buildcert learns that any document or other information provided by the Client is unclear, incorrect, or otherwise insufficient to allow Buildcert to perform the Services, Buildcert will request further information as required from the applicant.

3.10 When on the Site Buildcert, will comply with all directions, procedures and policies related to occupational health, safety and security requirements relating to the Site.

The Applicant acknowledges that: –

3.11 Unless agreed and noted on the Decision Notice, Buildcert’s issuance of building approvals have a validity period of:-

i. six months for demolitions and removal of homes;

ii. six months for swimming pools if not associated with the construction of class 1 dwelling; and

iii. twelve months for all other building applications.

3.12 Building work on the Site can only commence once the development application is approved and issued by Buildcert;

3.13 The applicant may only request an inspection once the development application has been approved by Buildcert; and

3.14 Buildcert is not responsible for any loss or damage, direct or indirect, caused by or related to any delays in the performance of the Services to the Client or Owner.

3.15 If the works are not finished within the allotted time specified in the Decision Notice, an extension of time (EOT) may be requested for your project. This service has an additional cost and could possibly be charged by the council. To obtain cost estimates for a specific job, please contact the office. I note that approval of the EOT is at the discretion of the Certifiers and Council.


The client will:

4.1 Pay the agreed fee set out in the quotation document or client fee proposal in accordance with noted account terms.;

4.2 Provide Buildcert with all required documents and other relevant information required to complete certification functions;

4.3 Provide Buildcert reasonable notice prior to inspection

4.3 Provide clear access to the site to perform necessary and engaged inspections;

4.4 Pay all fees and costs bared by Buildcert in connection with providing the Services that are necessary to comply with statutory requirements.

If the applicant is not the owner, the applicant;

4.5 Shall provide the owners details as required in the engagement agreement;

4.6 Guarantees that it has permission from the Owner to act on the matters covered by this contract, and that it will notify Buildcert immediately if the Owner withdraws such permission;

4.7 Accepts that Buildcert may reveal to the Owner any information required for Buildcert to fulfil its legal duties.

4.8 Ensure that all documents and information provided by the applicant are complete, current, accurate and unambiguous. The applicant acknowledges that the Buildcert is entitled to rely on information and documents provided by the applicant but is not under any duty to verify the accuracy or completeness of such information. The applicant indemnifies the certifier from any costs, expenses, losses, damages, claims, liability, demands, suits and proceedings suffered or incurred by, or made against.

4.9 Comply with any Development Approval conditions .


5.1 The Fees and Charges payable for the Development Application Assessment Services are as per the schedule.

5.2 The Building Surveyor reserves the right to change the Fee in the event of a variation to the scope of work for the Development Application Assessment Services. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation due to unforeseen circumstances, or as a result of increases to the Building Surveyor in the cost of materials and labour) will be charged for on the basis of the Building Surveyor’s fee proposal and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion.

5.3 The sum specified in the Fee Proposal is the total agreed fee that the Client will pay Buildcert in exchange for Buildcert rendering of the Services within the agreed payment period.

5.4 When Buildcert completes additional work as a result of a directive from the Client, Buildcert is entitled to remuneration from the Client for those extra works. Unless otherwise agreed, Buildcert’s hourly rate ($330.00 including GST for certifiers and $110.00 including GST for administrative officers) is multiplied by the number of hours worked to determine the sum owed for any additional work that is completed by the company. Any adjustment to the Services Fee due to Buildcert pursuant to this clause shall be made by the Client within seven days of the invoice date and prior to the start of the additional work.

5.5 Certification fees do not include any costs that Buildcert must disburse to local governments or referral organisations in order to provide the Services; these fees are the client’s responsibility and must be paid within the set out or agreed time frame.

5.6 The Services Fee contains an allowance for the Final Inspection and any other inspections in the Fee Proposal notes, which notes form part of the Fee Proposal.

5.7 The costs of inspections of stages of the works completed by competent persons, such as a Registered Professional Engineer of Queensland or Licensed Surveyor, are not covered by the Services Fee and the Client is responsible for paying for the services of those persons, prior to their engagement.


6.1 Buildcert may at any time discontinue its engagement with the applicant by giving written notice of the discontinuance to the applicant in the approved form as provided by the Building Act 1975.

6.2 In the event that Buildcert discontinues its engagement with the applicant by providing the notice in clause 4.1 above, Buildcert will deliver a copy of the notice of discontinuance to the local government within five (5) business days after such notice has been delivered to the Client.

6.3 The applicant is not entitled to discontinue Buildcert engagement under this Agreement in accordance with the provisions of the Building Act 1975 unless and until:

a. Buildcert has committed a substantial breach of this Agreement;

b. The Client has given a written notice to show cause (“Show Cause Notice”) to Buildcert, which:

i states that it is a notice given under this clause;

ii sets out the alleged substantial breach and identifies with full particulars the facts supporting the allegations made;

iii requires Buildcert to show cause in writing why the Client should not discontinue the Agreement as a consequence of the alleged substantial breach;

iv and specifies the time in which Buildcert must show cause, which time must not be less than seven (7) days;

  1. Buildcert has failed to show reasonable cause within the time specified in the Show Cause Notice and the Client has provided further written notice of the discontinuance Buildcert in the approved form as provided by the Building Act 1975.

6.4 Buildcert will deliver a copy of the notice of discontinuance to the local government on behalf of the Client within five (5) business days after being provided with same.

6.5 The Client agrees that at Buildcert sole discretion, Buildcert may also deliver a copy of the Show Cause Notice to the local government in conjunction with or in addition to the notice of discontinuance on behalf of the Client.

6.6 Buildcert may terminate this contract by sending a written Notice of Termination, stating the breach/s, to the applicant. Termination will take effect as soon as the applicant receives the Notice of Termination.

6.7 On receiving a Notice of Termination, the applicant must take immediate action to appoint a replacement PC to take over the certification role; advise Buildcert of that replacement; and notify all relevant Authorities of that replacement.

6.8 If Buildcert terminates the contract, then Buildcert is entitled to payment of Termination Money.

6.9 Unless the applicant disputes the Notice of Termination, the applicant must pay all Termination Money to Buildcert within 14 days of receiving a Notice of Termination.

6.10 If Buildcert terminates the contract, Buildcert is entitled to carry out a final inspection, at the owners’ expense, prior to termination.

6.11 As from the date of final inspection, the applicant must indemnify Buildcert for any liabilities, including but not limited to professional liability and public liability, of whatsoever nature that emanate from:-

a. The need to terminate this contract or the Building Contract;

b. Any matters of non-compliance on the part of the applicant or any other contractors.


7.1 Applicable Refunds if a job is cancelled or disengaged:

7.2 Prior to assessment of plans and issuance of RFI – 75% of Certification Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee

7.3 Post assessment of plans and issuance of RFI – 40% of Certification Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee

7.4 Post issuance of Building Approval – Refund of Certification Final Inspection fee.

7.5 Cancellation fee of $195.00


8.1 Buildcert’s liability to the applicant in any event is limited to the fees paid by the applicant to Buildcert under this Agreement.

8.2 Buildcert’s liability under this Agreement is reduced to the extent caused or contributed to by any wilful or negligent act or omission or default by the Client.

8.3 Neither party is liable to the other party for any economic or indirect or consequential losses and damages, loss of actual or anticipated revenue, profits, increased capital or financing cost, increase of operational cost or increased cost of borrowing, pure economic loss or exemplary or punitive damages.

8.4 Buildcert does not accept any liability, whether directly or indirectly, for any losses or damages associated with the inability to issue an Occupation Certificate due to, but not limited to, unapproved or illegal building works, non-compliance with the conditions of any approvals or consents, unsatisfactory final inspection, missed critical stage inspections, non-compliance with approved building plans or failure to pay any fees and charges to any authority or Buildcert under this Agreement.

8.5 Each party releases the other party from all further obligations or liability from the date which is 12 months after the final inspection by the Certifier, or where a final inspection has not been requested by the applicant, the last inspection carried out by the Certifier, except for any claim or dispute that has been notified in writing before that date.


9.1 A party must not commence arbitration or court proceedings (except for urgent equitable or injunctive relief) in respect of a dispute under this agreement, unless it first attempts to resolve the dispute by negotiation and mediation under this clause.

9.2 A party claiming that a dispute has arisen under this agreement must give written notice to the other party specifying the nature and details of the dispute.


9.3 On receipt of that notice by the other party, the parties must negotiate in good faith to resolve the dispute.

9.4 If the parties are unable to resolve the dispute within 10 Business Days, they must promptly refer the dispute:

9.5 In the case of the Client to the Client’s Representative; and

9.6 In the case of the Surveyor to the Surveyor’s Representative.

9.7 Those persons must meet to resolve the dispute and must be authorised to resolve the dispute.

9.8 If those persons are unable to resolve the dispute within 10 Business days of referral, a party may refer the dispute for mediation under the mediation rules of the Resolution Institute to:

9.9 A mediator agreed by the parties; or

9.10 If the parties are unable to agree a mediator within five Business Days, a mediator nominated by the Resolution Institute.

9.11 If possible, each party must perform its obligations under this agreement during negotiations, mediation and arbitration proceedings.



10.1 The laws of Queensland apply to this Agreement.

10.2 If any provision of this Agreement is illegal, void, invalid or unenforceable for any reason, all other provisions which are self-sustaining and capable of separate enforcement shall, to the maximum extent permitted by law, be and continue to be valid and enforceable.


11.1 Act means the Building Act 1975 (Qld)

11.1.2 Authorisation means any authorisation, agreement approval, licence, permit, consent, qualification, accreditation, filing, registration, certificate, resolution, direction, declaration or exemption and any renewal and variation of them by or with a Governmental Agency.

11.1.3 Applicable environmental planning instrument means the State Environmental Planning Policy or the Local Environmental Plan nominated by the Client as the instrument against which an application for a Complying Development Certificate is to be assessed.

11.1.4 BCA means the Building Code of Australia including all applicable amendments.

11.1.5 Building Contract means the contract to construct the Building Works that the Client enters into with the builder.

11.1.6 Building Works means the building works for which a Construction Certificate or Complying Development Certificate is to be issued in accordance with this contract and is referred to in the Address of the Building Works and the Title Particulars of the site.

11.1.7 Certificates mean statutory and non-statutory certificates.

11.1.8 Certification work means:

a. the determining of an application for a development certificate;

b. the issue of a development certificate;

c. carrying out the functions of a building surveyor;

11.1.9 Certifier means any appropriately accredited person authorised by Buildcert to carry out any works in association with the determination of an application or inspection of works.

11.1.10 Performance Solution has the same meaning as the term in the BCA.

11.1.11 Residential building work has the meaning given to it by the Home Building Act 1975 (QLD).

11.1.12 Termination Money means the money owing to the PC if the PC terminates the contract in accordance with this contract, being money for work done (with interest if applicable) and for cost incurred (with interest if applicable) and any money that the Client would have been bound to pay to the PC if the contract had been totally completed.

11.1.13 Law means any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation.

11.1.14 Term means the period starting on the date that the client accepts the terms and conditions of this agreement as per clause 1 and concluding upon the completion of the Development Application Assessment Services or Termination of this agreement, whichever occurs first.

11.1.15 Building Quality means any matter that could or might be a defective item with respect to any contract between the Client and another party which defines the standards of work to be achieved pursuant to that contract with respect to the Project but does not include matters which relate to conformance by the Project to technical standards including the National Construction Code.

11.2 Interpretation

In this agreement, unless the context otherwise requires:

11.2.1 Headings do not affect interpretation;

11.2.2 The Schedule forms part of the agreement and is correct;

11.2.3 Singular includes plural and plural includes singular;

11.2.4 Words of one gender include any gender;

11.2.5 A reference to a party includes its executors, administrators, successors and permitted assigns;

11.2.6 A reference to a person includes a partnership, corporation, association, government body and any other entity;

11.2.7 A reference to this agreement includes any schedules and annexures to this agreement;

11.2.8 An agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

11.2.9 An agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

11.2.10 A reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

11.2.12 A provision is not construed against a party only because that party drafted it;

11.2.13 An unenforceable provision or part of a provision may be severed, and the remainder of this agreement continues in force, unless this would materially change the intended effect of this agreement;

11.2.14 The meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;

11.2.15 An expression defined in the Act or the Planning Act 2016 (Qld) has the meaning given by that Act at the date of this agreement;

11.2.16 An expression defined in the Corporations Act 2001 (Cth) has the meaning given by the Act at the date of this agreement; and

11.2.17 An expression defined in the A New Tax System (Goods and Service Tax) Act 1999 (Cth) has the meaning given by that Act at the date of this agreement