Building Surveyor and Certifier Role and Requirements

What This Requirement Covers

This requirement explains the role, responsibilities and minimum qualifications of a building surveyor or building certifier under the National Construction Code (NCC) and related State and Territory building legislation in Australia. It covers who may certify building work, what statutory functions they perform (plan assessment, inspections and issuing certificates), and the legal basis for certification. The requirement exists to ensure that building work meets the NCC (BCA) performance and deemed-to-satisfy provisions and any applicable state schedule variations, protecting safety, health, amenity and structural adequacy for occupants and the public.

This applies to registered or accredited building surveyors/certifiers engaged by owners, builders or authorities for the assessment and certification of compliance with NCC Volume One (commercial/multi-residential) and Volume Two (residential Class 1 and 10) provisions. The requirement also affects designers, builders, certifying authorities and local councils because certifiers’ decisions create statutory approvals, building permits, occupation certificates and compliance evidence under State or Territory legislation.

Key Requirements

1. Legal basis: The NCC is given legal effect through State and Territory building Acts and regulations; see NCC Volume One, Clause A3G1 State and Territory compliance. State schedules (Schedules 4-11 in NCC Volume One) may modify national provisions and must be complied with alongside the NCC.
2. Competency and registration:
3. Building certifiers must meet the registration or accreditation requirements set by each State or Territory regulator (for example, minimum qualifications, CPD and professional indemnity insurance). Common requirements include a relevant tertiary qualification, practical experience and registration with the state building regulator - check the relevant State register and legislation for exact thresholds.
4. Functions - Plan assessment and certification:
5. Certifiers must assess documentation for compliance with the NCC’s applicable Volume (e.g., NCC Volume Two for houses) and relevant Australian Standards such as AS 1684 (timber-framed construction), AS 3700 (masonry), AS 4100 (steel structures) where referenced by the NCC. Specific clause references include the NCC Volume One governing requirements and the applicable parts of Volume Two for housing.
6. Inspections and site certification:
7. Certifiers must conduct the inspections required by the applicable jurisdiction’s certification framework and issue the necessary certificates (e.g., building permit, occupancy certificate, final inspection certificate) evidencing compliance with the NCC and any state schedule. The number and timing of mandatory inspections vary by state but typically include footing/ slab, frame, external weatherproofing and final inspections.
8. Documentation and records:
9. Certifiers must keep records of assessments, site inspections, certificates issued, reasons for decisions, and communications as required by state legislation and regulatory guidance. Documentation must reference the NCC clauses and any applied Australian Standards used to verify compliance.
10. Impartiality and conflict of interest:
11. Certifiers must comply with statutory impartiality and conflict-of-interest rules in their jurisdiction (e.g., not certifying their own building work in some states, or specific disclosure obligations). These rules are established in state building legislation and regulator guidance.
12. Insurance and professional standards:
13. Certifiers must hold required professional indemnity and other insurances mandated by their State or Territory regulator and comply with prescribed practice standards and continuing professional development (CPD) obligations.
14. Enforcement and liability:
15. Certifiers’ decisions and certificates are subject to legal review and enforcement by state regulators and courts; negligence, professional misconduct or breaches of statutory duties can lead to disciplinary action, fines or civil liability.

Relevant references to consult when applying the above requirements

1. NCC 2022 Volume One - Governing Requirements (see Clause A3G1 State and Territory compliance) and the Volume One schedule relevant to each State or Territory.
2. NCC 2022 Volume Two - applicable sections for Class 1 and 10 buildings when certifying houses and small structures.
3. Australian Standards where applicable and referenced by the NCC (examples): AS 1684, AS 3700, AS 4100. Cite the specific standard clause used to verify technical compliance in assessments.

Residential vs Commercial

1. Residential (Class 1 and 10, NCC Volume Two):
2. Certifiers assessing Class 1 and 10 work normally follow NCC Volume Two provisions, which are prescriptive and reference specific Australian Standards such as AS 1684 for timber framing. Inspections typically include slab/footing, frame and final stages. Registration pathways for certifiers may be simplified in some jurisdictions but still require proof of competency for housing assessment and inspection.
3. Commercial and multi-residential (Class 2-9, NCC Volume One):
4. Certifiers for Class 2-9 buildings must be competent in the broader performance-based aspects of NCC Volume One, including fire safety engineering, structural design and specialist services. Requirements for qualifications, CPD and professional indemnity may be higher and inspections more extensive (e.g., staged certifications for fire safety systems, service installations and final occupation certificates). State variations and additional approvals (fire engineering brief approvals, essential safety measures registers) commonly apply.

Exceptions and Exemptions

1. Exempted buildings and works: Minor or exempt building work defined by State or Territory legislation (for example, certain small sheds, fences or non-habitable structures) may not require certification under the NCC; check the specific State or Territory building Act for exact thresholds.
2. Owner-builder exemptions: Many jurisdictions allow owner-builders to act without a registered builder, but certification requirements and limits (value or floor area caps) apply and owner-builder permits may still require certifier involvement at specific stages.
3. Accredited private certifiers vs. local council certifiers: Some states allow private certifiers to issue approvals in place of council certifications; others require council-issued permits for specific classes or where local planning overlays apply.
4. Alternative solutions and performance evidence: Where a design does not meet deemed-to-satisfy provisions, certifiers may accept alternative solutions supported by evidence such as engineering reports, fire engineering assessments or referenced Australian Standards. The certifier must document the basis for accepting the alternative solution and reference the relevant NCC performance requirements and supporting evidence.

State and Territory Variations

1. NCC schedules: The NCC includes state and territory schedules (for example, Schedule 5 New South Wales, Schedule 7 Queensland, Schedule 10 Victoria) that modify or add to national provisions. Always apply the relevant schedule in conjunction with NCC Volume One or Two as specified by Clause A3G1 State and Territory compliance.
2. Registration and licensing differences:
3. Each State/Territory regulator sets different registration, competency and insurance requirements for certifiers. For example, some jurisdictions require certifiers to be on a state register and meet specific CPD hours; others set different insurance minimums. Always verify requirements on the relevant state regulator website or legislation.
4. Inspection regimes and mandatory certificates:
5. The number, timing and type of mandatory inspections and certificates (e.g., design compliance certificates, occupancy certificates) differ by state. For example, some jurisdictions mandate an occupation certificate for new dwellings while others use a final inspection certificate issued by the certifier - consult the state building Act and regulations.
6. Conflict-of-interest rules and private certification frameworks are applied differently across states; check the relevant state legislation and regulator guidance for exact prohibitions and disclosure rules.

Practical Compliance Tips

1. Keep jurisdiction front of mind: Always identify which State or Territory schedule of the NCC applies and confirm certifier registration and insurance requirements with the local regulator before commencing certification work.
2. Reference exact clauses: When assessing plans, cite the exact NCC clause or table used (for example, NCC Volume Two, Section 3.X or NCC Volume One Table S5C21e) and any Australian Standard clause relied upon - this makes decisions auditable and defendable.
3. Document alternative solutions: If accepting a performance-based or alternative solution, obtain written supporting evidence (engineer or fire engineer report), record the specific NCC performance requirements addressed and include the certifier’s rationale in assessment records.
4. Schedule inspections early: Agree inspection stages and timeframes with the builder/designer and record required inspections in writing to avoid missed inspections that can delay occupation certificates.
5. Check common technical traps for housing: For Class 1 work, verify footing sizes, tie-down details and bracing in accordance with AS 1684 and NCC Volume Two; common failures come from incomplete bracing schedules or missing connection details.
6. Avoid conflicts of interest: Be transparent about any conflicts and follow state rules on who may certify their own work. If unsure, seek independent certification or consult the state regulator guidance.
7. Maintain CPD and professional indemnity cover: Keep qualifications, CPD records and insurance current to meet registration requirements and reduce professional risk.

Sources and references cited in this article include: NCC 2022 Volume One - Governing Requirements (see Clause A3G1), NCC 2022 Volume Two (applicable sections for Class 1/10), and the Australian Standards commonly referenced by the NCC (for example, AS 1684, AS 3700, AS 4100). Always check the relevant State or Territory schedule in the NCC and the local building regulator for specific registration, inspection and certification rules.