The Building Professionals Board promotes education and awareness as a way to avoid legislative breaches and other concerns about building and subdivision.
However, if necessary, the Board has significant powers under the Building Professionals Act 2005 to investigate the professional conduct of accredited certifiers and take disciplinary action against certifiers who fail to undertake their role in accordance with our requirements.
The Board’s disciplinary powers
The Board investigates complaints against accredited certifiers and accredited bodies corporate. The Board may also commence an investigation at any time if, for example, we receive information that raises serious concerns about a certifier.
Read roles in enforcement for more detail about the enforcement powers of the Board and other parties in building and construction.
If the Board makes a finding of unsatisfactory professional conduct or professional misconduct against a certifier, one or more of the following disciplinary actions may be taken:
- caution or reprimand the certifier
- impose conditions on the certifier’s certificate of accreditation
- order the certifier to undertake specific education courses by a certain time
- order the certifier to report to the Board on his or her practices in a certain manner
- impose a fine up to $110,000
- order the certifier to pay compensation to the complainant of up to $20,000
- suspend or cancel the certifier's accreditation
- order that the certifier cannot reapply for accreditation within a specified period
- order no further action be taken
- refer the matter to the NSW Civil and Administrative Tribunal for a disciplinary hearing.
Most disciplinary actions against accredited certifiers are for minor breaches of legislation, but the Board considers repeated minor breaches when deciding what action to take.