BRAC Complaints and Revocation Procedure

Responsibilities of the Building Regulations Advisory Committee

Under the Building Act 1993, the Building Regulations Advisory Committee (BRAC) is given the authority to accredit and revoke accreditation for building products, construction methods, designs, components, or systems connected with building work that do not comply with the deemed-to-satisfy provisions of the Building Code of Australia.

A Product, as defined under section 14 of the Building Act 1993, is a building product, construction method, design component or system connected with building work.

The accreditation and review function of the BRAC supports the building industry in creating a safe built environment for Victorians to live in. Fundamental to this process is considering and responding to written complaints about products accredited by the BRAC. The BRAC also consider complaints when product owners apply for re-accreditation.

The following procedure sets out the steps that consumers must follow to lodge a complaint, and the steps the BRAC takes to review and resolve complaints. It also sets out the process the BRAC follows to revoke and assess variations to accreditations.

How to lodge a complaint about an accredited building product

Consideration of consumer feedback is an integral part of ensuring that products accredited by the BRAC perform as expected. If you have had an experience with a BRAC-accredited building product that does not meet expectations, you are invited to lodge a complaint and provide feedback by emailing us at BRAC@bpc.vic.gov.au.

Installed accredited products

If your complaint is about an installed accredited product, your email must include the following details:

• your name and contact details
• the name and certificate number of the product your complaint is about
• details of your complaint*
• details of what you would like to happen to resolve your complaint

*Your complaint must include as much detail as possible, including:

1. Address where the product is installed
2. Date/s of installation and weather conditions on the day/s of installation;
3. A report, where/if available, from a suitably qualified independent practitioner detailing:
   • how the product has been used and installed, how the area was prepared and the general
     condition of the area
   • whether or not the installation accorded with the manufacturer's requirements and the
     accreditation
   • date when issue/s were first identified
   • what issues are reported/witnessed to have been arising
   • photographs of the issue/s
   • a written description of the perceived issue/s
   • information relating to how the issue/s were or will be rectified.

Accreditation process

If your complaint is about the accreditation process, your email must include the following details:

• your name and contact details
• the name of the product under application
• your complaint, and
• what you would like to happen to resolve your complaint.

Acknowledgement of your complaint

You will have your complaint acknowledged in writing via email within five business days of receipt of the complaint.

Your privacy

BRAC has a responsibility to respect your privacy and will do so in accordance with the same privacy obligations as the building regulator (BPC). Please refer to the Privacy Policy for further information regarding these requirements.

Investigations

A single complaint in isolation will not automatically trigger a full review. Multiple complaints of the same nature for the same product may trigger further review.

Complaints will be reviewed on a case-by-case basis with consideration to:

• the merit of the complaint
• receipt of similar complaints previously for the same product
• what the complainant would like to see happen to resolve their complaint.

Significant product complaints

Where the BRAC forms a view that a complaint warrants further review, the complaint will be considered a ‘significant product complaint’ and reviewed accordingly.

Any complaints received that are deemed 'significant' will be shared with the BPC.

Accreditation revocations and variations

BRAC has a responsibility to act when it identifies that it has awarded an accreditation that may no longer be appropriate.

Identification can occur in several ways, including through written complaints made to the BRAC or when new information comes to the BRAC’s attention by other means, including notifications received via Building Surveyors, Building Inspectors or us.

If the BRAC, in light of new information received, determines that the accredited product (or construction method, design component or system) is no longer satisfactory, it will provide the accreditation holder with details as to why the product is now deemed unsatisfactory, and the opportunity for the accreditation holder to respond. If required, the BRAC will seek further expert opinion and/or a technical review. This may result in the revocation of the accreditation or an invitation to the accreditation holder to vary the accreditation.

A variation to an accreditation may only be granted in exceptional circumstances and cannot substantially alter the product, its installation or its intended use – a variation or modification is intended to impose improvements and additional safeguards to an existing product to increase its efficacy and safety. When recommending improvements, the BRAC will normally provide specific advice or directions to be followed or introduced, and the accreditation holder will be asked to provide evidence of these measures and modifications are being implemented to the BRAC’s satisfaction.

Powers to revoke under the Building Regulations (2018)

Under Regulation 246 of the Building Regulations 2018 (Vic) (Building Regulations), the BRAC has the power
to revoke an accreditation where it finds that the performance of the building product, the subject of the accreditation is either:

1. is unsatisfactory
2. differs or fails to achieve the level of performance for which the building product was accredited
3. where the accreditation was obtained by fraudulent means.

In determining whether the product meets the above criteria, regard must be had as to whether the
performance of the product:

1. fails to meet, at a minimum, the relevant Performance Requirements, as defined in the NCC; and
2. is 'fit for purpose'

The BRAC will not revoke an accreditation without first being satisfied that the criteria set out in 'Powers to Revoke under the Building Regulations 2018 (Vic)' (as per above) has been met. However, they cannot turn a blind eye to complaints and concerns. If they are aware that there are complaints about a product or that it is not performing at a level for which it was accredited, the BRAC is obliged to investigate and revoke an accreditation (or seek a variation) as soon as is practicable.

As per the regulations, if the committee determines to revoke an accreditation, the committee must notify the BPC in writing of the decision as well as providing written notification to the accreditation holder.