Samy Mikhail - BDC2277 - 20 November 2025

Disciplinary ground and summary

Three (3) disciplinary grounds were established against Mr Samy Mikhail under section 48 of the Building and Development Certifiers Act 2018 (NSW) (BDC Act).

1. Under section 45(a) of the BDC Act – the Registered Certifier has engaged in conduct in connection with the carrying out of certification work that has fallen short of the standard of competence, diligence, and integrity that a member of the public is entitled to expect of a reasonably competent registered certifier;  
2. Under section 45(b) of the BDC Act – the Registered Certifier contravened the certification legislation, whether or not the registered certifier is prosecuted or convicted for the contravention; and
3. Under section 45(d) of the BDC Act – the Registered Certifier has failed to comply with statutory duties with respect to the carrying out of certification work. 

Disciplinary action

1. Reprimand the Registered Certifier under section 48(1)(b) of the BDC Act with immediate effect;
2. Require the Registered Certifier to pay a monetary penalty of $90,000.00 within the time specified on the face of the penalty notice, pursuant to section 48(1)(c) of the BDC Act; and
3. Impose the following conditions on the Registration under section 48(1)(d) with immediate effect for a period of three (3) years:
   1. the Registered Certifier must not enter into any new contracts for any activity authorised by the Registered Certifier’s registration until the Registered Certifier has complied with condition (2) below;
   2. within 24 months of the imposition of this condition, the Registered Certifier must complete and pass each of the following courses:
      • the University of Technology Sydney (UTS) Certification Short Course; and
      • the UTS Advanced Building Regulation Course.
   3. for each development where the Registered Certifier is appointed the principal certifier or is exercising a function of a principal certifier, the Registered Certifier must personally carry out, and not delegate to any other person:
      • a minimum of one (1) site inspection and create a record of whether the existing site conditions are consistent with the plans and specifications of the relevant complying development application after receiving an application for a complying development certificate and before determining the application; and
      • the first required critical stage inspection for the development.
   4. the Registered Certifier must store and retain evidence of compliance with conditions (2) and (3) and provide those records on request to the Secretary within fourteen (14) days.