Building Regulation 2021 (BR 2021)

The Building Regulation 2021 (BR 2021), part of the Building Act, came into effect on 1 September 2021. All building forms have been updated to reflect the new numbering and parts of the BR 2021.

Forms available include:

Form	Purpose
Form 15 Compliance certificate for a building design or specification	Completed by the appointed competent person for design work or specification. For example, Energy efficiency, Structural design, Footing/Slab design
Form 43 Aspect certificate (QBCC licensee)	Completed by the Queensland Building and Construction Commission (QBCC) licensee to confirm the aspect work complies with the building approval (previously Form 16). For example, Termite management systems, Glass barriers, Installation roof sheeting. Only used on a Single detached Class 1A and Class 10 Building or Structure
Form 30 QBCC licensee aspect certificate for accepted development (self-assessable)	Completed by the QBCC licensee to confirm the aspect work is compliant as detailed. Provided to the owner or builder. Only used for work where a building approval is not required.
Form 12 Aspect inspection certificate (Appointed competent person)	A QBCC licensee uses this Form for all building classes which are not a Single detached Class 1A and Class 10 Building or Structure. A cadastral surveyor or engineer can use this Form for all building classifications. A Building Certifier may approve a QBCC licensee, cadastral surveyor or engineer as a competent person. The Form is completed by the appointed competent person to confirm that an aspect of work has been completed and complies with the building approval (previously Form 16). For example: Boundary Clearances – Cadastral Surveyor, Reinforcement of footings – Engineer, Waterproofing – QBCC Licensee, Termite Management Systems – QBCC Licensee
Form 16 Inspection Certificate	Completed by a certifier or appointed competent person to confirm they have inspected a stage of building work and it complies with the building approval.
Form 62 Notice that the stage of work does not comply (Appointed competent person)	Completed by the appointed competent person where they are not satisfied the stage of work complies with the building approval. Provided to the builder and building certifier (previously Form 61).
Form 61 Noncompliance notice	Completed by the certifier where they are not satisfied that the stage of work complies with the building approval. Provided to the builder.

Building Regulation Amendment 2023

The Building (Private Certification Endorsement) Amendment Regulation 2023 commenced on 8 June 2023 and makes the following changes to the BR 2021.

Professional indemnity insurance exemption period extended

The exemption period that allows building certifiers to hold professional indemnity insurance with an exclusion relating to external cladding has been extended from 30 June 2023 to 30 June 2025.

The BR 2021 amendment will:

Extend the exemption period for a further 24 months which allows private building certifiers to hold an external cladding-related exclusion on their professional indemnity insurance policies.
Give 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 after the licence was granted or last renewed, unless the licence is earlier cancelled, suspended, amended, or surrendered

New Queensland Private Building Certifier course

A private certifier must have a Building Development Approval (BDA) endorsement on their licence to lawfully issue a BDA. The QBCC might make this endorsement on a private certifier’s licence, but only if the certifier completes the course specified in BR 2021 to a competent level.

The new course provider, the College of Professional Development (CPD), has developed the Queensland Private Building Certifier Course to meet these requirements. This course was delivered by AssentTECS from 2004 until February 2022 but is no longer a registered training organisation.

The BR 2021 has been amended to:

Update 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.

Provide transition arrangements to ensure certifiers who previously completed the AssentTECS course continue to be eligible for the BDA endorsement on their licence.

Transitioning to BR 2021 requirement FAQs

Can old forms be accepted by the building certifier when a competent person or QBCC licensee signs and provides a certificate after 01/09/21, as works continue on the project?

The relevant forms are those that were valid at the time they were originally signed.

Forms signed on or after 1 September 2021, should be the current forms published on the Business Queensland website. However, while not ideal, a building certifier could accept the previous version of the forms as this would amount to substantial compliance which is sufficient from a legal perspective.

What must be done in respect of work that had been completed prior to 1 September 2021 but for which occupancy had not yet been authorised?

If occupancy hasn’t yet been authorised due to outstanding forms, the certifier can accept old forms that were signed prior to 1 September 2021 as the forms were still valid when they were signed prior to the BR 2021 coming into effect.

Forms signed on or after 1 September 2021, should be the current forms published on the Business Queensland website. However, while not ideal a building certifier could accept the previous version of the forms as this would amount to substantial compliance which is sufficient from a legal perspective.

What must be done in respect of work that had been approved prior to 1 September 2021 but not yet commenced?

For building development applications approved before 1 September 2021, the certifier can accept old forms that were signed before 1 September 2021 as they were valid forms when signed before the BR 2021 came into effect.

What must be done for work that had been approved and commenced prior to 1 September 2021 but is yet to be completed?

When the building development application was made prior to 01/09/21 and was approved on or after 01/09/21 can the old forms be accepted by the building certifier if a competent person or QBCC licensee signs and provides a certificate?

What must be done in respect of applications lodged prior to 1 September 2021 that were still under assessment after 1 September 2021?

For building development applications that were undecided on 1 September 2021, the certifier’s approval should require current forms be provided for the various aspects/stages.

Old forms that were signed prior to 1 September 2021 can be accepted as they were valid forms when they were signed prior to the BR 2021 coming into effect.

Got further questions?

Contact the team.

Building Regulation Amendment 2023

Professional indemnity insurance exemption period extended

New Queensland Private Building Certifier course

Transitioning to BR 2021 requirement FAQs

Can the old forms signed before 01/09/21 be accepted by the building certifier after 01/09/21?

Can old forms be accepted by the building certifier after 01/09/21 as works continue on the project?

Are forms accepted and on record before 01/09/21 still satisfactory?

What happens with work completed before 01/09/21 when occupancy had not yet been authorised?

What must be done for work approved before 01/09/21 but not yet commenced?

What must be done for work approved and commenced before 01/09/21 but yet to be completed?

Can old forms be accepted if the building development application was made before 01/09/21 and approved on/after 01/09/21?

What must be done for applications lodged before 01/09/21 that were still under assessment after 01/09/21?

Got further questions?