The private certifier role and conflicts of interest

What it is

A private certifier (also called an accredited certifier in NSW, a registered building surveyor in VIC or a building certifier in QLD) is an independent practitioner appointed by the owner to perform the statutory approval and inspection functions on a building project. The certifier acts in a public role, but is paid by the owner. That creates a structural conflict that all three states have legislated to control.

In NSW the rules are set by the Building and Development Certifiers Act 2018. In VIC they sit in Part 11 of the Building Act 1993. In QLD they appear in the Building Act 1975 and the QBCC Act 1991.

What the certifier does

A certifier is responsible for:

• Issuing the construction-stage approval (CC in NSW, building permit in VIC, building approval in QLD)
• Carrying out the mandatory inspections through the build
• Issuing the completion document (OC in NSW, occupancy permit in VIC, Form 21 in QLD)

The certifier is not the builder's agent. They are accountable to the regulator and ultimately to the public for the safety and compliance of the building.

Where conflicts arise

Each state prohibits a certifier from acting on work where they have a financial, personal or commercial interest. Common situations that trip this rule:

• Certifier is related to the owner or builder
• Certifier or their firm prepared the design that is being approved
• Certifier received a gift, commission or other incentive from the builder
• Certifier is being instructed by the builder rather than the owner
• Certifier is also acting as a project manager or consultant on the same job

NSW position

Under the Building and Development Certifiers Act 2018 (NSW), the certifier must declare any conflict and cannot act if a disqualifying interest exists. The NSW Building Commission can suspend or cancel registration for breach. Certifiers must be appointed in writing directly by the person having the benefit of the development consent.

VIC position

The Building Act 1993 (Vic) Part 11 prohibits a building surveyor from acting where a conflict exists, with specific rules around acting as both designer and surveyor. The VBA investigates breaches and can take disciplinary action.

QLD position

Building certifiers in Queensland are licensed by the QBCC. The QBCC Act 1991 includes conduct provisions that prohibit a certifier from carrying out building work for the same project they are certifying. Conflicts must be declared and an alternate certifier engaged.

Why it matters for compliance risk

The conflict patterns that regulators see most often:

• Builder offers to organise the certifier and then directs the certifier on what to sign
• Design and build firm uses an in-house certifier for the build
• Same certifier appears on most jobs by a particular builder
• Certifier issues sign-offs on the same day as the work was carried out

Each of these is auditable from the document trail.

Where TradeLens should flag risk

Audit triggers worth tracking:

• High concentration of one certifier across a single builder's projects
• Certifier appointment letter signed by the builder rather than the owner
• Design firm and certifier firm with shared address or directors
• Inspection records dated identically to invoices from the builder
• Certifier nominated on the permit who is also the named designer on the engineering drawings