Terms & Conditions

Code Blue Certifiers Pty Ltd [ABN 60 614 946 888] trading as “The Building Approval Company”

1.Inclusions

Unless stated otherwise, the fee provided in the quotation includes the assessment of plans for compliance against relevant building codes, property searches and one final inspection. Approved documents will be submitted to council and emailed to applicant.

2. Exclusions

Unless stated otherwise, the following applications have not been included in this fee proposal as we have not assessed the proposed work. Once The Building Approval Company is engaged our Building Certifiers will conduct a thorough assessment and provide you with an update on any additional requirements that may be required:

• Relaxation of Boundary Setbacks
• Build Over Sewer or Stormwater
• Amenity and Aesthetic
• Town Planning Application – separate quote will be provided

Please note if your proposal requires the above council applications, The Building Approval Company will charge $355.00 to prepare and lodge each council application apart from town planning applications. However, you may wish to lodge these applications yourself.

Additional fees that may be required

Please note all fees listed below include GST

• Re-inspections: $265.00 minimum
• Energy efficiency assessments: You may wish to contact Andrew Barrett from Green-at-Heart on 0414 660 399 for an energy efficiency report
• Transport corridor assessment: $440.00 (if within a designated transport corridor)
• Revised plans submitted after the decision notice has been issued will attract a $150 +GST revised plan fee.

3. Inspections

Although inspection times cannot be specified, we can offer a call 30 minutes prior to our arrival on request.  Inspections are completed on weekdays only. All inspections are allocated up to 30 mins of The Building Approval Company’s time onsite, up to 30 mins in the office to review documents and complete correspondence. Should additional time be required, the client will be invoiced $82.50 (Inc. GST) per 15 min increments.

4. Plans Submitted

Please ensure the plans submitted for the building application are the final construction drawings. Plans are to be of a good quality, clearly showing all new proposed and existing structures on the property. Plans must indicate lot size dimensions, distances from boundaries, be to scale (e.g. site plan 1:200 and elevations/floor plans 1:100). Plans should be drawn by a licensed builder, designer, architect, and/or engineer. Additional fees may apply for variations to the plans once the assessment process has commenced.

These fees are based on a registered engineer providing a form 15 structural design certificate for new dwellings and alterations and additions over 50m².

4. Time Frames

The Building Approval Company will aim to have your plans assessed within 5 business days.

5. Clients Acknowledgements

Further and in addition to the terms set out in this Agreement, the Client acknowledges that:

1. The Building Approval Company is engaged to act as the private building certifier for the building application assessment of the building work and that all a. correspondence and approved plans will be directed to the Client (which may not be the Owner).
2. As Building Certifiers, The Building Approval Company will not act as the builder’s supervisor/quality controller. Both the building contractor and Owner are b. responsible for ensuring the building work is carried out to a standard of quality and finish required by the Owner(s) under the conditions of the relevant building contract.
3. The Client declares that all the relevant property information has been provided to The Building Approval Company and that the plans are an accurate indication of the Site.
4. The proposed building work at the Site must not be commenced until a Development Permit for Building work has been issued by The Building Approval Company i.e. If work does commence before approval is issued, The Building Approval Company take no responsibility for the work and/or any rectification.

6. Services To Be Provided

The Building Approval Company and the Client agree as follows:

6.1       The Building Approval Company will provide the following Services to the Client:

1. assess and decide a development application for building work against the requirements of the Building Act 1975;
2. carry out inspections of the stages of assessable building work in accordance with section 24 of the Building Regulation 2006 to decide if the building work has been carried out in accordance with the Building Act 1975;
3. prepare, sign and lodge all documents on behalf of the Client in relation to Development Applications forming part of this engagement for the above Site.
4. Other services set out in the Fee Proposal.

6.2       The Client acknowledges and agrees that:

1. there is no obligation on The Building Approval Company to commence the provision of the Services specified in clause 1.1 of these Terms and Conditions until the Client has:
   1. paid the Services Fee and any other amount payable to The Building Approval Company in accordance with this Agreement; and
   2. provided the information required by clauses 3.1 and 3.2 of the Engagement Agreement;
   3. The Building Approval Company will exercise all reasonable endeavours to ensure that the Services in clause 1.1(a) of these Terms and Conditions are carried out in ten (10) business days from The Building Approval Company receipt of all relevant documents which are required to complete the Services.

6.3       The Building Approval Company will promptly give written notice to the Client if and to the extent The Building Approval Company becomes aware that any document or other information provided by the Client is ambiguous, inaccurate, or otherwise insufficient to enable The Building Approval Company to carry out the Services.

6.4       When on the site, the Certifier, will comply with all directions, procedures and policies relation to occupational health, safety and security requirements relating to the Site.

6.5       The Client acknowledges and agrees that:

1. The Building Approval Company shall issue approvals with currency periods of:
   1. six months for demolitions and removal of buildings;
   2. six months for Class 1 and 10 buildings; and
   3. twelve months for all other building applications.
2. Building work on the Site can only commence once the development application is approved and issued by The Building Approval Company;
3. The Client may only request an inspection once the development application has been approved by The Building Approval Company; and
4. If the Services in clause 6.1(c) of these Terms and Conditions are to be carried out, the Client gives specific approval for The Building Approval Company to lodge the application on its behalf and warrants that the Client has, and will continue to have, the authority to give such approval.

6.6       The Building Approval Company shall not be liable to the Client or Owner for any loss or damage, whether direct or consequential, arising out of or in connection with any delays in the performance of the Services.

7. Client’s Obligations

7.1 The Client shall:

1. pay the Services Fee and all other amounts payable under this Agreement to The Building Approval Company in accordance with this Agreement; and
2. provide The Building Approval Company with all relevant documents and other information sufficient to enable The Building Approval Company to carry out the Services; and
3. give, or cause to be given, any timely directions, instructions, decisions and information necessary to The Building Approval Company in writing to facilitate the provision of the Services; and
4. provide The Building Approval Company with such access to the Site as is reasonably necessary for The Building Approval Company to carry out the Services; and
5. provide The Building Approval Company with reasonable notice in writing before any inspections of the Site are required to be undertaken by The Building Approval Company for the performance of the Services; and
6. and bear the cost of all fees and charges required to comply with legislative requirements incurred by The Building Approval Company in connection with carrying out the Services. Final payment of all fees must be made prior to the issue of the Form 21 or the Certificate of Classification.

7.2 The Client may give a direction to The Building Approval Company verbally, but the Client must confirm the direction in writing as soon as practicable thereafter.

7.3 If the Client is not the Owner, the Client:

1. shall provide to The Building Approval Company the Owner’s details; and
2. warrants that it is authorised to act on behalf of the Owner in respect to the subject matter of this agreement, and that it will notify The Building Approval Company immediately upon becoming aware of such authority being withdrawn by the Owner; and
3. consents to The Building Approval Company disclosing to the Owner such information as is necessary for The Building Approval Company to discharge its obligations under relevant legislation.

8. Services Fee

8.1 The total agreed fee payable by the Client to The Building Approval Company for the provision of the Services by The Building Approval Company is the amount set out in the Fee Proposal. (“Services Fee”).

8.2 The Client shall pay The Building Approval Company the Services Fee prior to The Building Approval Company commencement of processing the application unless on an agreed payment system.

Where The Building Approval Company performs additional work performed as a result of a direction issued by the Client, The Building Approval Company shall be entitled to payment from the Client for those additional works. Unless otherwise agreed, the amount payable for such additional works performed by The Building Approval Company is to be calculated by multiplying The Building Approval Company hourly rate ($330.00 including GST for certifier and $110.00 including GST for admin officer) by the time worked. Any variation to the Services Fee payable to The Building Approval Company in accordance with this clause shall be payable by the Client within 7 days of invoice issued by Code Blue Certifiers Pty Ltd t/as The Building Approval Company [ABN60 614 946 888], and prior to The Building Approval Company commencing the additional works.

8.3 The Services Fee does not include fees payable by The Building Approval Company to local government and referral agencies in the performance of the Services, which fees shall be payable by the Client within 7 days of invoice issued by The Building Approval Company. The fees are to be charged at the actual cost to The Building Approval Company.

8.4 If any moneys due and payable to The Building Approval Company remain unpaid after the due date, then interest shall be payable thereon at a rate of 15% PA from the due date to the date the moneys are paid.

8.5 The Services Fee contains an allowance for the Final Inspection and any other inspections in the Fee Proposal notes, which notes form part of the Fee Proposal.

8.6 The costs of inspections of stages of the works completed by competent persons, such as a Registered Professional Engineer of Queensland or Licensed Surveyor, are not covered by the Services Fee and the Client is responsible for paying for the services of those persons, prior to their engagement.

8.7 The Client acknowledges that section 146 of the Building Act 1975 provides for The Building Approval Company being paid the Services Fee agreed under this Agreement despite The Building Approval Company refusing to approve a development application, issue a development approval or certify building work.

9. Terminating The Agreement

9.1 The Building Approval Company may at any time discontinue its engagement with the Client by giving written notice of the discontinuance to the Client in the approved form as provided by the Building Act 1975.

9.2 In the event that The Building Approval Company discontinues its engagement with the Client by providing the notice in clause 4.1 above, The Building Approval Company will deliver a copy of the notice of discontinuance to the local government within five (5) business days after such notice has been delivered to the Client.

9.3 The Client is not entitled to discontinue The Building Approval Company engagement under this Agreement in accordance with the provisions of the Building Act 1975 unless and until:

1. The Building Approval Company has committed a substantial breach of this Agreement; and
2. The Client has given a written notice to show cause (“Show Cause Notice”) to Code Blue Certifiers Pty Ltd t/as The Building Approval Company [ABN 60 614 946 888], which:
   1. states that it is a notice given under this clause;
   2. sets out the alleged substantial breach and identifies with full particulars the facts supporting the allegations made;
   3. requires The Building Approval Company to show cause in writing why the Client should not discontinue the Agreement as a consequence of the alleged substantial breach; and specifies the time in which The Building Approval Company must show cause, which time must not be less than seven (7) days; and
   4. The Building Approval Company has failed to show reasonable cause within the time specified in the Show Cause Notice and the Client has provided further written notice of the discontinuance to The Building Approval Company in the approved form as provided by the Building Act 1975.

9.4 The Building Approval Company will deliver a copy of the notice of discontinuance to the local government on behalf of the Client within five (5) business days after being provided with same.

9.5 The Client agrees that at The Building Approval Company’s sole discretion, The Building Approval Company may also deliver a copy of the Show Cause Notice to the local government in conjunction with or in addition to the notice of discontinuance on behalf of the Client.

9.6 In the event of termination any fees held by the certifier shall be applied to outlays and services rendered up to the date of termination.

9.7 In the event the application lapses under Part 7 of the Building Act 1975, this contract will also lapse.

9.8 Any enforcement action required or imposed by any Act, Regulation or other statutory instrument will be charged at the hourly rate of $330+GST.

10. Refunds

Applicable Refunds if a job is cancelled or disengaged:

• Prior to assessment of plans and issuance of RFI – 75% of Service Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee
• Post assessment of plans and issuance of RFI – 40% of Service Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee
• Post issuance of Building Approval – Refund of remaining inspection fee.

11. Miscellaneous

11.1 The Building Approval Company liability to the Client arising out of the performance or non-performance of the Services, whether under the law of contract, tort or otherwise, shall be limited to the total value of the fees payable by the Client pursuant to this Agreement.

11.2 The Building Approval Company shall use its best endeavours to maintain the confidentiality of all confidential information provided by the Client to The Building Approval Company pursuant to this Agreement.

11.3 The laws of Queensland apply to this Agreement.

11.4 If any provision of this Agreement is illegal, void, invalid or unenforceable for any reason, all other provisions which are self-sustaining and capable of separate enforcement shall, to the maximum extent permitted by law, be and continue to be valid and enforceable.