Following on from our last article, it’s important for everyone to understand their statutory functions and duties when they are carrying out inspections and issuing Form 16’s. This is the first instalment on how to understand, and correctly fill out this form.
First, lets start with the NOTE at the top of the Form 16.
You will see that is says “This form is used for the purpose of” and then goes on to recite parts of the Building Act and Building Regulation.
What this means, is that you are issuing a certificate for the purposes of the Building Act and Building Regulation. The Form 16 is a statutory document that has specific functions under these laws, and person who issues it has certain duties.
Before you complete this form, you should ask yourself:
“Do I know what those functions and duties are? And “Do I appreciate how these documents are lawfully used by others in the industry like the Building Certifiers and Builders etc.?”
You should also be aware that a Form 16 does not expire, and remains a lawful inspection certificate that can be relied upon for the life of the building. Therefore, if you issue a Form 16, it is assumed that you know and understand the relevant laws as well as your responsibilities, including how this form can be used under those laws.
This NOTE at the top of the form tells everyone who reads it, that the signatory has carried out the inspection of a stage or aspects in accordance with the Building Act 1975 and/or the Building Regulation 2006
Therefore, the signatory must know that:
1.) To issue a Form 16 they have to be either:
• A Building Certifier,
• A person the Building Certifier has deemed a Competent Person to carry out the inspection of a Stage or Aspect, or
• A QBCC licensee providing their QBCC licensee Aspect Certificate (See item 3 below).
2.) If they are a Competent Person, they have to carry out the inspection personally and can only rely on another Competent Person to do aspects of the inspection if the Building Certifier has first deemed the other person competent.
3.) A QBCC licensee can only provide a QBCC Licensee Aspect Certificate if the QBCC Licensee Aspects of building works is for a single detached class 1a building or a class 10 building or structure. A QBCC Licensee can provide a Form 16 for their relevant aspect of building works for all other classes of building, however, in these cases the QBCC Licensee has to be deemed a competent person by the building certifier and Form 16 is not completed as a QBCC Licensee Aspect Certificate, it is completed as an Aspect Certificate. How to do this is discussed in the next article. CLICK HERE
4.) The inspection has to be carried out in accordance with the statutory guidelines to building inspections.
5.) A stage inspection includes all aspects as detailed in that stage in the inspection guidelines.
6.) A person giving an aspect certificate is not giving permission for works to proceed to the next stage.
7.) Only a Stage inspection certificate provides permission for works to proceed to the next stage.
8.) Only a Building Certifier can issue a Foundation Stage or Final Stage certificate for class 1 and 10 building.
9.) That a competent person is required to issue the building certifier with their inspection certificate within 5 business days of the inspection being carried out.
10.) The competent person is required to keep copies of their certificates for three years after the inspection.
In the next article we will walk through how to complete the Form 16, however before we move on, I am interested in your comments, especially if you are a person who issues Form 16’s. Please get in touch and leave your comments below.
To read our final instalment on Form 16’s CLICK HERE