Industry Reform Update Legal Update presentation
Description: Industry Reform Update Legal Update presentation for ASBC David Creais, Partner Mark Glynn, Senior Associate 16 June 2020 Shergold Weir Report Feb 2018 The Report found that: accountability was unclear; insufficient controls on the
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slide1. Industry Reform Update Legal Update presentation for ASBC David Creais, Partner Mark Glynn, Senior Associate 16 June 2020<br>
slide2. Shergold Weir Report – Feb 2018 The Report found that:
accountability was unclear;
insufficient controls on the accuracy of documentation.
documentation in current building processes lacked the requirement to demonstrate compliance with the NCC.
The recommendations put forward in the Report include:
A national approach to registration and training of practitioners
A new statutory duty for design practitioners to prepare documentation to ensure buildings are compliant with the NCC 2<br>
slide3. NSW Government response – Feb 2019 Appointment of an expert Building Commission
Overhaul of compliance reporting
Building Practitioners with reporting obligations to be registered
Industry wide duty of care to home owners 3<br>
slide4. Design and Practitioners Act 2020 “This Bill is all about putting consumers first by giving those entering the property market peace of mind that their home will be expertly designed and built in compliance with the Australian Building Codes”.
Better Regulation Minister Kevin Anderson
“biggest issue in construction is the ‘trust worthiness’ of completed buildings”
Building Commissioner David Chandler 4<br>
slide5. Design and Practitioners Act 2020 Key Reforms
Registration of Building Practitioners –commences 1 July 2021
Compliance declarations –commences 1 July 2021
Duty of Care – commences 11 June 2020 5<br>
slide6. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 Commences 1 September 2020
applies to a 'class 2' building or building containing a 'class 2' component within the meaning of the Building Code of Australia.
boosts “the Building Commissioner’s power to stop dodgy builders and developers in their tracks”
NSW Government website 6<br>
slide7. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 The Act empowers the Secretary to issue to developers:
prohibition orders to block the issue of an occupation certificate (or strata plan);
stop work orders; and
building work rectification orders (with the ability to recover costs associated with such orders). 7<br>
slide8. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 The Act also provides for:
authorised officers to be granted broad investigative powers;
developers to provide advance notice of expected completion dates;
creation of offences for non-compliance with orders issued under the Act; and
developers' directors, and others with management control, being potentially exposed to personal liability for corporate contraventions of the Act. 8<br>
slide9. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 If a serious building defect is found, the secretary issue building work rectification order
'Serious defect' refers to:
Non-compliant building element: -non-compliance with BCA, any relevant Australian Standard or the relevant approved plans;
Defective building element or building product: -defective design, defective or faulty workmanship or defective materials;
Non-conforming building product: the use of a building product in contravention of the Building Products (Safety) Act 2017 (NSW) . 9<br>
slide10. For further information contact:
David Creais
Partner
(02) 8281 7823
dcreais@bartier.com.au
Mark Glynn
Senior Associate
(02) 8281 7865
mglynn@bartier.com.au
*Bartier Perry Pty Limited is a corporation and not a partnership.<br>
slide2. Shergold Weir Report – Feb 2018 The Report found that:
accountability was unclear;
insufficient controls on the accuracy of documentation.
documentation in current building processes lacked the requirement to demonstrate compliance with the NCC.
The recommendations put forward in the Report include:
A national approach to registration and training of practitioners
A new statutory duty for design practitioners to prepare documentation to ensure buildings are compliant with the NCC 2<br>
slide3. NSW Government response – Feb 2019 Appointment of an expert Building Commission
Overhaul of compliance reporting
Building Practitioners with reporting obligations to be registered
Industry wide duty of care to home owners 3<br>
slide4. Design and Practitioners Act 2020 “This Bill is all about putting consumers first by giving those entering the property market peace of mind that their home will be expertly designed and built in compliance with the Australian Building Codes”.
Better Regulation Minister Kevin Anderson
“biggest issue in construction is the ‘trust worthiness’ of completed buildings”
Building Commissioner David Chandler 4<br>
slide5. Design and Practitioners Act 2020 Key Reforms
Registration of Building Practitioners –commences 1 July 2021
Compliance declarations –commences 1 July 2021
Duty of Care – commences 11 June 2020 5<br>
slide6. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 Commences 1 September 2020
applies to a 'class 2' building or building containing a 'class 2' component within the meaning of the Building Code of Australia.
boosts “the Building Commissioner’s power to stop dodgy builders and developers in their tracks”
NSW Government website 6<br>
slide7. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 The Act empowers the Secretary to issue to developers:
prohibition orders to block the issue of an occupation certificate (or strata plan);
stop work orders; and
building work rectification orders (with the ability to recover costs associated with such orders). 7<br>
slide8. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 The Act also provides for:
authorised officers to be granted broad investigative powers;
developers to provide advance notice of expected completion dates;
creation of offences for non-compliance with orders issued under the Act; and
developers' directors, and others with management control, being potentially exposed to personal liability for corporate contraventions of the Act. 8<br>
slide9. Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 If a serious building defect is found, the secretary issue building work rectification order
'Serious defect' refers to:
Non-compliant building element: -non-compliance with BCA, any relevant Australian Standard or the relevant approved plans;
Defective building element or building product: -defective design, defective or faulty workmanship or defective materials;
Non-conforming building product: the use of a building product in contravention of the Building Products (Safety) Act 2017 (NSW) . 9<br>
slide10. For further information contact:
David Creais
Partner
(02) 8281 7823
dcreais@bartier.com.au
Mark Glynn
Senior Associate
(02) 8281 7865
mglynn@bartier.com.au
*Bartier Perry Pty Limited is a corporation and not a partnership.<br>