Building Services (Complaint Resolution and Administration) Regulations 2011

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

Part 3 Divisions 1 and 3 — on the day on which section 94 of the Act comes into operation;

regulation 7(a) and Part 3 Division 2 — on the day on which the Building Act 2011 Part 2 comes into operation;

the rest of the regulations — on the day on which Part 2 of the Act comes into operation.

In these regulations —

a building permit; or

a demolition permit; or

an occupancy permit.

Each of the following terms has the meaning given to it in the Building Act 2011 section 3 —

In this regulation —

the examination of plans and specifications for a building or incidental structure to assess the safety, accessibility and energy efficiency of a building or incidental structure if the building or incidental structure is built in accordance with the plans and specifications; and

the examination of an existing building or incidental structure to assess the safety, accessibility and energy efficiency of the building or incidental structure.

Building surveying work is prescribed for the purposes of the definition of building service in section 3 of the Act.

In this regulation —

means either of the following that relates to a building or incidental structure —

professional engineering work of the kind carried out by a building service practitioner in a class of building engineering practitioner listed in the Building Services (Registration) Regulations 2011 regulation 6(1);

technical engineering work of the kind carried out by a building service practitioner in a class of building engineering practitioner listed in the Building Services (Registration) Regulations 2011 regulation 6(1);

includes the examination of plans and specifications to provide building design solutions in line with engineering principles, data and calculations, except building design solutions that comprise plumbing work;

for carrying out a design, or construction or production activity, relating to engineering; and

the application of which, to the carrying out of the design, or construction or production activity, does not require advanced scientifically‑based calculations;

means engineering work that requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; but

does not include engineering work that is done only in accordance with a prescriptive standard;

requires, or is based on, the application of engineering principles and data to a design, or construction or production activity, relating to engineering; and

is done in accordance with a prescriptive standard.

Building engineering work is prescribed for the purposes of the definition of building service in section 3 of the Act.

In this regulation —

the application of paint to a floor, path or driveway composed of concrete or a similar material;

the application of a protective coating to a building which has first been treated by abrasive blasting or mechanical cleaning, if both processes are undertaken by the same contractor;

signwriting.

Painting work is prescribed for the purposes of the definition of building service in section 3 of the Act.

In this regulation —

a person who was registered under the Builders’ Registration Act 1939 section 9A, 10 or 10A; or

a person who has constructed a dwelling under a building licence issued to that person in accordance with the Builders’ Registration Act 1939 section 4A(1)(c);

The following work is prescribed for the purposes of the definition of regulated building service in section 3 of the Act —

unauthorised work;

the construction, alteration or demolition of a building by a person who was a repealed Act builder at the time the work was carried out.

In this regulation —

At least 14 days before making a complaint under section 5(1) or (2) of the Act, the complainant must give to the person who will be the respondent written notice that the complainant proposes to make the complaint together with such description as the complainant is reasonably able to give of —

the remedy the complainant proposes to seek; and

the evidence on which the complainant proposes to rely.

A complaint under section 5(1) or (2) of the Act must be accompanied by proof that notice has been given as required under this regulation.

The Building Commissioner may waive or modify the requirement to comply with subregulation (2) or (3) if the Building Commissioner is satisfied that, in the particular circumstances, the complainant has given adequate notice about the proposed complaint.

in the case of building work or demolition work carried out under a building permit or a demolition permit —

if, under the Building Act 2011 section 34(1), the responsible person in relation to the permit gives notice of cessation to act as the responsible person to a relevant permit authority, the work, in relation to that person, is completed when the notice is given;

otherwise, the work is completed when a notice of completion of the work is given to a relevant permit authority under the Building Act 2011 section 33(1);

in the case of a regulated building service that —

is not carried out under a building permit or demolition permit; and

is carried out under a home building work contract or other contract that provides for a date of practical completion; and

has been brought to practical completion,

In this regulation —

a Health Care Card issued by Centrelink; or

a Pensioner Concession Card issued by Centrelink; or

a Commonwealth Seniors Health Card issued by Centrelink; or

a Repatriation Health Card issued by the Commonwealth Department of Veterans’ Affairs; or

a State Concession Card issued under the Rates and Charges (Rebates and Deferments) Act 1992 section 6; or

an entitlement to the rate of pension provided for in the Veterans’ Entitlements Act 1986 (Commonwealth) section 24.

Subject to regulation 9, a building service complaint or HBWC complaint must be accompanied by —

in the case of a complaint by a financially disadvantaged person — a fee of $61.00; or

otherwise — a fee of $122.00.

If complaints under both section 5(1) and (2) of the Act are made in the same complaint form, the fee specified in subregulation (2) is payable in respect of each complaint.