When can a complaint be lodged?
A complaint can be lodged against a certifier when a person believes that the certifier has engaged in unsatisfactory conduct or professional misconduct (the complaint relates to the certifying functions of the private or building certifier).

Who can make a complaint?
Under the Building Act 1975 anyone can lodge a complaint against a certifier.

Can a complaint be lodged against a company?
No - A complaint can only be lodged against an individual certifier who is licensed or previously licensed (not against a company or business where the certifier works).

How is a complaint lodged?
The complainant will complete and return two copies of the complaint form and provide particulars of the complaint (verified by statutory declaration). Section 190 of the Building Act 1975 governs how a complaint can be made.

What happens after the complaint is lodged?
Written submissions by the complainant and respondent are reviewed. Some site inspections may be carried out (dependent of the nature of the complaint and the number of reviews underway).

BSA may (under section 190) of the Building Act dismiss a complaint if it does not contain the particulars of the complaint or is not verified by statutory declaration. Mediation may also be recommended (section 192 and 193 of the Building Act)

How long does it take to reach a decision?
Timeframes for handling complaints depend on the time taken to review the written submissions, the nature and subject of the complaint. Complaints with health and safety concerns are given priority.

What happens once a decision is reached?
BSA can apply a decision against a certifier under section 204 of the Building Act. If BSA decides that you have engaged in unsatisfactory conduct one or more of the decisions outlined in section 204 (4) may be applied.

Where it is decided that you have engaged in professional misconduct BSA must apply to the Commercial and Consumer Tribunal to start disciplinary proceedings.

Forms
Certifier Complaint Form