Building Regulation Amendment 2023

Amendment to the Building Regulation 2021

Since commencement of the Building Regulation 2021, the Department of Energy and Public Works has continued to work with industry to provide additional support for building certifiers and has amended the regulation. The Building (Private Certification Endorsement) Amendment Regulation 2023 commenced on 8 June 2023 and provides certainty and clarity to industry regarding building certifier licensing requirements.

Professional Indemnity Insurance

The Building Amendment Regulation 2023 also amends the Building Regulation 2021 (BR 2021) to extend the exemption period that allows building certifiers to hold professional indemnity insurance with an exclusion relating to external cladding from 30 June 2023 to 30 June 2025.

The BR 2021 amendment:

  • extends the exemption period for a further 24-months that allows private building certifiers to hold an external cladding related exclusion on their professional indemnity insurance policies.
  • gives certifiers clarity on when their licences will be effective following the expiry of the exemption period on 30 June 2025.
  • ensures that if a private certifier’s licence has professional indemnity insurance exemption for cladding in force when the exemption period ends (30 June 2025), the exemption will continue to apply until the end of the one-year period after the licence was granted or last renewed, unless the licence is earlier cancelled, suspended, amended or surrendered.

For example, if the licence was renewed on 8 September 2024, the professional indemnity insurance cladding exemption will apply to the licence until 8 September 2025, even though the exemption period will end on 30 June 2025, unless the licence is earlier cancelled, suspended, amended or surrendered.

New Queensland Private Building Certifier Course

Under the Building Act 1975, for a private certifier to lawfully issue a Building Development Approval (BDA) they must have a BDA endorsement on their licence.

The Queensland Building and Construction Commission (QBCC) may make this endorsement on a private certifier’s licence only if the certifier has, among other things, satisfactorily completed the course prescribed in BR 2021.

AssentTECS delivered the prescribed course since 2004 but is no longer a registered training organisation and delivered the last course in February 2022.

A new course provider, the College of Professional Development (CPD), was selected and developed the Queensland Private Building Certifier Course to meet the requirements for a BDA endorsement on a certifier’s licence.

The amendment to the BR 2021 updates the details of the new course and course provider to enable building certifiers to meet the legislative requirements for obtaining a BDA endorsement on their licence. The amendment also provides certainty that certifiers who previously completed the AssenTECS course can maintain their endorsement.

For more information on the Queensland Private Building Certifier Course visit the College of Professional Development website.