To ensure your project runs smoothly let’s take a moment cover off on our job terms and conditions.
Terms and Conditions
1.INCLUSIONS
Unless stated otherwise, the fee provided in the quotation includes the assessment of plans for compliance against relevant building codes and property searches. Approved documents will be submitted to council and emailed to applicant.
2.EXCLUSIONS
The following applications have not been included in this fee proposal as we have not conducted an assessment of the proposed work. Once Fluid Building Approvals is engaged our Building Certifiers will conduct a thorough assessment and provide you with an update on any additional requirements that may be required:
- Plumbing
- Relaxation of Boundary Setbacks
- Build Over Sewer or Stormwater
- Amenity and Aesthetic
- Town Planning Application – separate quote will be provided
- Final Inspection – minimum $330, and will be charged at time of inspection booking.
Please note if your proposal requires the above council applications, Fluid Building Approvals will charge $660.00 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
- Reinspection’s: $330.00 minimum
- Energy efficiency assessments: Please contact the office for information
- Transport corridor assessment: $440.00 (if within a designated transport corridor)
- Fast-track assessment within 48hrs: $440.00
- Printed copy of the building approval and associated documents $85.00
- Additional fees for owner builders may apply if owner builder status is not stated at time of quotation request.
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 week days only. All inspections are allocated up to 30 mins of the certifier’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 on a case by case basis.
A re-inspection fee will apply to any inspection which is booked and the works are not completed, or when less than 2 business day’s notice is given to cancel or reschedule. This fee is $330.00 minimum inc. GST.
4.PLANS SUBMITTED
Please ensure the plans submitted for the building application are the final draft plans. 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.
4.TIME FRAMES
Fluid Building Approvals will aim to have your plans assessed within 15 business days.
5.CLIENTS ACKNOWLEDGEMENTS
Further and in addition to the terms set out in this Agreement, the Client acknowledges that:
a. Fluid Building Approvals 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).
b. As Building Certifiers, Fluid Building Approvals 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.
c. The Client has read and understands the Building Certification Fact Sheet that forms part of this Agreement with particular regard to the roles and responsibilities set out therein.
d. The Client declares that all the relevant property information has been provided to Fluid Building Approvals and that the plans are an accurate indication of the Site.
e. The proposed building work at the Site must not be commenced until a Development Permit for Building work has been issued by Fluid Building Approvals i.e. If work does commence before approval is issued by Fluid Building Approvals, the Certifier & Fluid Building Approvals take no responsibility for the work and/or any rectification.
The Client has read and understands the terms set out in this agreement.
6.SERVICES TO BE PROVIDED
Fluid Building Approvals and the Client agree as follows:
6.1 Fluid Building Approvals will provide the following Services to the Client:
a. assess and decide a development application for building work against the requirements of the Building Act 1975;
b. 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;
c. 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.
d. Other services set out in the Fee Proposal.
6.2 The Client acknowledges and agrees that:
a. there is no obligation on Fluid Building Approvals to commence the provision of the Services specified in clause 1.1 of these Terms and Conditions until the Client has:
i paid the Services Fee and any other amount payable to Fluid Building Approvals in accordance with this Agreement; and
ii provided the information required by clauses 3.1 and 3.2 of the Engagement Agreement;
b. Fluid Building Approvals 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 Fluid Building Approvals’ receipt of all relevant documents which are required to complete the Services.
6.3 Fluid Building Approvals will promptly give written notice to the Client if and to the extent Fluid Building Approvals becomes aware that any document or other information provided by the Client is ambiguous, inaccurate, or otherwise insufficient to enable Fluid Building Approvals to carry out the Services.
6.4 When on the Site Fluid Building Approvals, 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:
a. Fluid Building Approvals shall issue approvals with validity periods of:
i six months for demolitions and removal of homes;
ii six months for minor structures and swimming pools; and
iii twelve months for all other building applications.
b. Building work on the Site can only commence once the development application is approved and issued by Fluid Building Approvals;
c. The Client may only request an inspection once the development application has been approved by Fluid Building Approvals; and
If the Services in clause 1.1(c) of these Terms and Conditions are to be carried out, the Client gives specific approval for Fluid Building Approvals 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 Fluid Building Approvals 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.
6.7 An extension of time (EOT) can be requested for your project if works are not completed within the prescribed time of the Decision Notice. There is an additional Fluid fee for this service and can also attract a fee from council. Please contact the office for specific job-related costings. Noting that approval is to be at the Certifiers and Council discretion.
7.CLIENT’S OBLIGATIONS
7.1 The Client shall:
a. pay the Services Fee and all other amounts payable under this Agreement to Fluid Building Approvals in accordance with this Agreement;
b. provide Fluid Building Approvals with all relevant documents and other information sufficient to enable Fluid Building Approvals to carry out the Services;
c. give, or cause to be given, any timely directions, instructions, decisions and information necessary to Fluid Building Approvals in writing to facilitate the provision of the Services;
d. provide Fluid Building Approvals with such access to the Site as is reasonably necessary for Fluid Building Approvals to carry out the Services;
e. provide Fluid Building Approvals with reasonable notice in writing before any inspections of the Site are required to be undertaken by Fluid Building Approvals for the performance of the Services;
f. and bear the cost of all fees and charges required to comply with f. legislative requirements incurred by Fluid Building Approvals in connection with carrying out the Services.
7.2 The Client may give a direction to Fluid Building Approvals orally, 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:
a. shall provide to Fluid Building Approvals the Owner’s details as required by clause 1.2 of this Engagement Agreement;
b.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 Fluid Building Approvals immediately upon becoming aware of such authority being withdrawn by the Owner;
c. consents to Fluid Building Approvals disclosing to the Owner such information as is necessary for Fluid Building Approvals to discharge its obligations under relevant legislation.
8.SERVICES FEE
8.1 The total agreed fee payable by the Client to Fluid Building Approvals for the provision of the Services by Fluid Building Approvals is the amount set out in the Fee Proposal. (“Services Fee”).
8.2 The Client shall pay Fluid Building Approvals the Services Fee prior to Fluid Building Approvals commencement of processing the application unless on an agreed payment system.
Where Fluid Building Approvals performs additional work performed as a result of a direction issued by the Client, Fluid Building Approvals shall be entitled to payment from the Client for those additional works. Unless otherwise agreed, the amount payable for such additional works performed by Fluid Building Approvals is to be calculated by multiplying Fluid Building Approvals hourly rate ($440.00 including GST for certifier and $165.00 including GST for admin officer) by the time worked. Any variation to the Services Fee payable to Fluid Building Approvals in accordance with this clause shall be payable by the Client within 7 days of invoice issued by Fluid Building Approvals, and prior to Fluid Building Approvals commencing the additional works.
8.3 The Services Fee does not include fees payable by Fluid Building Approvals 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 Fluid Building Approvals. The fees are to be charged at the actual cost to Fluid Building Approvals.
8.4 If any moneys due and payable to Fluid Building Approvals remain unpaid after the due date, then interest shall be payable thereon at a rate of 12% 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 certifier being paid the Services Fee agreed under this Agreement despite Fluid Building Approvals refusing to approve a development application, issue a development approval or certify building work (whether because the building assessment provisions or an applicable code under IDAS have not been complied with or for any other valid reason).
9.TERMINATING THIS AGREEMENT
9.1 Fluid Building Approvals 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 Fluid Building Approvals discontinues its engagement with the Client by providing the notice in clause 4.1 above, Fluid Building Approvals 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 Fluid Building Approvals engagement under this Agreement in accordance with the provisions of the Building Act 1975 unless and until:
a. Fluid Building Approvals has committed a substantial breach of this Agreement;
b. the Client has given a written notice to show cause (“Show Cause Notice”) to Fluid Building Approvals, which:
i states that it is a notice given under this clause;
ii sets out the alleged substantial breach and identifies with full particulars the facts supporting the allegations made;
iii requires Fluid Building Approvals to show cause in writing why the Client should not discontinue the Agreement as a consequence of the alleged substantial breach;
iv and specifies the time in which Fluid Building Approvals must show cause, which time must not be less than seven (7) days;
c. Fluid Building Approvals 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 Fluid Building Approvals in the approved form as provided by the Building Act 1975.
9.4 Fluid Building Approvals 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 Fluid Building Approvals sole discretion, Fluid Building Approvals 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.
10.REFUNDS
Applicable Refunds if a job is cancelled or disengaged:
- Prior to assessment of plans and issuance of RFI – 75% of Fluid Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee
- Post assessment of plans and issuance of RFI – 25% of Fluid Fees & refund of any non-lodged Council application fees and Council Document Lodgement fee
- Post assessment of plans and issuance of RFI where no response is received within the prescribed three month period – Refund of Fluid Final Inspection fee if already paid
- Post issuance of Building Approval – Refund of Fluid Final Inspection fee if already paid.
- Cancellation fee of $220.00
11.MISCELLANEOUS
11.1 Fluid Building Approvals 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 Fluid Building Approvals shall use its best endeavours to maintain the confidentiality of all confidential information provided by the Client to Fluid Building Approvals 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.
