Gerhardt v Queensland Building and Construction Commission

The case of Gerhardt v Queensland Building and Construction Commission involved Mr. Gerhardt, a private certifier under the Building Act 1975 (Qld), who issued building permits for a house in Annerley without obtaining preliminary approvals from the Brisbane City Council. The Queensland Building and Construction Commission (QBCC) found that Mr. Gerhardt had engaged in unsatisfactory conduct and reprimanded him. This decision was initially set aside by a member of the Queensland Civil and Administrative Tribunal (QCAT), but later reinstated by a member of the Queensland Civil and Administrative Appeal Tribunal. Mr. Gerhardt sought leave to appeal the Appeal Tribunal’s decision to the Queensland Court of Appeal.

The primary legal issue in this case was whether Mr. Gerhardt was required to obtain preliminary approval from the Brisbane City Council before issuing the building permits. The court had to determine whether Mr. Gerhardt was the assessment manager of the development application and therefore not required to obtain preliminary approval. The court also had to consider whether the Appeal Tribunal’s decision was correct in finding that Mr. Gerhardt engaged in unsatisfactory conduct.

In its decision, the court held that the Appeal Tribunal had correctly interpreted the Sustainable Planning Act and the Building Act. The court found that Mr. Gerhardt was required to assess the work against relevant Codes, including the Character Code and the Demolition Code, and that a preliminary approval was necessary. The court also found that Mr. Gerhardt had engaged in unsatisfactory conduct by issuing building permits without obtaining preliminary approval. However, the court granted leave to appeal on the question of law as to whether Mr. Gerhardt was the assessment manager of the development application and therefore not required to obtain preliminary approval. The court dismissed the appeal and ordered that Mr. Gerhardt pay the respondent’s costs of the appeal.

The court's decision in this case highlights the importance of obtaining preliminary approvals from the relevant council before issuing building permits. The court also emphasised the need for private certifiers to comply with the Building Act and the relevant Codes. The decision provides guidance to private certifiers and councils on the proper interpretation of the Building Act and the Sustainable Planning Act.