IR & LEGAL UPDATE KEITH RYAN Director Workplace Services and Compliance STANDARD OF WORK CERTIFICATES Builders are required to provide a Standard of Work Certificate when building work is complete, but recent law changes and other issues affect these certificates. The Building Act (2016) requires Tasmanian legislation passed late last person engaged by the owner, to carry that a certificate of completion year now allows the building surveyor to out some of the building work. It may also (for notifiable building work) or a issue their certificate without a Standard ofhappen if the builder stops working at the certificate of final inspection (for Work Certificate from the builder, provided building site and another person completes permit building work) be issued by the the building work has been inspected and building work. building surveyor once they are satisfied the inspector is satisfied the building work There is no offence for failing to provide that the completed building work complies complies. There are two situations where a Standard of Work Certificate. It is, with the legislation. For such a certificatethis is possible: however, an offence under the Building Act to be issued, the person responsible for a) the responsible person for the building to provide a false or misleading certificate. the building work (usually a builder) must work has died before, or is not locatableSo not surprisingly some builders have have first sent to the building surveyor (and or otherwise capable of, issuing the expressed reluctance to issue a Standard of owner) a standard of work certificate in standard of work certificate for the work;Works Certificate when they have not been the approved form – currently form 71A. or responsible for all the building work covered The responsible person is to provide the b) the applicant has made a written requestby a building approval. Standard of Work Certificate within five days to the responsible person for the buildingWhat to do? of the inspection and completion of the work, for a standard of work certificate building work. and the responsible person has failed to This problem is best addressed by the Form 71A is an important document, as it provide the certificate within 21 days afterbuilder ensuring that they complete building requires the builder to: the request was made. work for a client without allowing the owner a) confirm that they were responsible for or a third party to also do building work. the construction and supervision of the THERE IS NO OFFENCE If this does not happen the builder must building work. ensure that their building contract with FOR FAILING TO PROVIDE the owner explicitly states what building b) confirm that all building work is complete.A STANDARD OF WORK work will be the responsibility of the owner. c) confirm that the building work as CERTIFICATE... IT IS AN Schedule 6 of the HIA contract allows constructed is in compliance with the OFFENCE TO PROVIDE A for this information to be recorded in the NCC, approved plans, specifications and contract. formal building approval. FALSE OR MISLEADING A builder should provide a Standard of A builder who signs Form 71A needs to be CERTIFICATE Work Certificate to the building surveyor comfortable with the quality and compliance when they have completed their building of the building work. This should not be anThe second situation in part addresses work. If the owner or another person not issue if the builder providing the certificatethe issue of the builder refusing to issue aengaged by the builder has completed has been responsible for the carrying out orStandard of Work Certificate until they havebuilding work then the builder should fill out supervision of the building work. been paid. The building surveyor may still the Form 71A in a way that states exactly decide not to issue their certificate even what building work the builder actually Recent changes though the legislation has changed. completed and what building work was The Tasmanian Government has stated that Consequences done by other people. The builder should builders occasionally fail or refuse to issue also inform the building surveyor in writing a Standard of Work Certificate until the HIA is aware of situations where a builder that other people, such as the owner, client has made the final payment and, as has been asked to issue a Standard of Work who completed building work will need to a result, the building surveyor cannot issueCertificate for building work that they havecomplete their own Form 71A. the certificate of completion (for notifiablenot personally been responsible for carrying building work) or certificate of final inspectionout or supervising. This could happen whenFor further information call a workplace (for permit building work). the builder allows the owner, or another adviser on 1300 650 620. P14 BUILDING NEWS ISSUE 1/2019