BSA's Facts for Smart Building and Renovating booklet contains useful information that provides an overview of BSA's complaints process -
click here to access.
What is defective building work?
The Queensland Building Services Board Rectification of Building Work Policy provides information on the types of defective building work BSA is able to investigate and the time limits that apply to notification, and investigation, of these defects - click here to read the policy.
This policy provides information on:
- Tier 1 Defective Work (grossly defective)
- Category 1 Defective Work (leaking roof, shower, health and safety issues, structural inadequacy etc)
- Category 2 Defective Work (poor finishing detail, minor cracking of plasterboard, cornice etc)
Timeframes for lodging a complaint with BSA
Consumers should be aware that the following timeframes apply when lodging a complaint for defective work:
- Category 1 Defective Work – these complaints can be lodged within 6 years 3 months after the completion of works, and should be lodged within 3 months of detecting the defect.
- Category 2 Defective Work – as contractors are obliged to provide a 6 month statutory warranty for Category 2 defects from the date of practical completion of the works, consumers should not lodge a complaint until this 6 month period actually expires. They can contact the contractor and request rectification inside the 6 month period, however, a Complaint Form should not be lodged with BSA until the expiration of the warranty period.
Note - Consumers need to ensure they lodge a Complaint Form with BSA regarding any Category 2 defects no later than 7 months following the date of practical completion.
What can BSA not assist with?
A list of specific exemptions can be found in the Queensland Building Services Authority Regulation 2003 - s5. Generally BSA can not investigate complaints where:
- The work carried out is valued at $3,300 or under. Note - plumbing, drainage, gas fitting, termite management system installation, building design and completed building inspections are exempt from this threshold and can be investigated regardless of the value of work.
- The work carried out was electrical work. Queensland Building Services Authority Regulation 2003 s5(1)(q) exempts work performed under the Electrical Safety Act 2002 from the definition of 'Building Work'. Therefore, as electrical work is not considered building work for the purposes of the BSA, we are unable to assist with such matters. You should refer your complaint to the Electrical Safety Office.
- The complaint is over fulfilment of contract conditions or disputed payment of monies. You may wish to refer your complaint to The Queensland Civil and Administrative Tribunal (QCAT). QCAT provides a cost effective dispute resolution service (and mediation) for disputes of a contractual nature. There may also be remedies available to you under your contract (e.g. liquidated damages where you receive a prearranged amount of money per week if the contractor fails to complete the project on time), or, in certain circumstances (e.g. a major blowout in costs or construction time) termination of your contract. Note - you should seek legal advice to investigate your options BEFORE taking any steps. This is particularly important if you intend to terminate your contract.
Lodging a complaint
1. Can BSA Help? - Check that BSA is able to assist with your complaint (see above) and that you are within the timeframes in which an investigation can be carried out.
2. Communication - Try to resolve the problem by talking to the contractor and clearly identifying all individual items you believe are defective or incomplete. You should provide reasonable access to the site to give the contractor an opportunity to address your concerns.
3. Written Notification - If this is not successful put your concerns in writing to the contractor (you should keep a copy as if you choose to lodge a complaint BSA will need to see written confirmation that you notified the contractor) giving them a reasonable timeframe (e.g.14 days) to rectify the defective work.
4. Lodgement of Complaint - If the contractor does not rectify the defective work or the negotiations are not successful you should complete a Residential and Commercial Building Complaints form. It is important that all the requested information and attachments are provided as failure to do so may result in processing delays - a checklist is provided on the form which identifies the required documentation.
5. Negotiation - Once the complaint is assessed by BSA and accepted a site inspection may be carried out by a BSA Building Inspector or Technical Consultant. Note - both parties are encouraged to try to resolve the problems prior to a site inspection.
6. Resolution - By assisted negotiation or direction to the contractor to rectify (in most cases this requires a 28 day minimum rectification period).
If a contractor fails to comply with a direction:
- BSA may commence disciplinary action in the QCAT or Magistrates Court
- If residential construction work (covered by a Certificate of Insurance) have the work rectified as a claim under the relevant policy terms and conditions
BSA's Your Guide to BSA's Resolution Services Process provides information about the complaint process once you have lodged your Complaint Form.
Confidentiality and Right to Information
Information provided to BSA during the dispute process is kept confidential. However information held by BSA (including the documents supplied and information gained during the resolution process) can be subject to an application for access under the Right to Information Act 2009. Information can only be released in accordance with the Act and BSA Right to Information policy - click here for more information.
