Building and Construction Legislation Amendment Bill 2016 [ACT]: Safety Concerns Tackled

On 9 June 2016, the Building and Construction Legislation Amendment Bill 2016 was introduced into the ACT Legislative Assembly. The Bill is intended to refine the operation of a range of regulations applying to construction and related work in the Territory and also to implement provisions that complement a review of the Building Act and other relevant legislation.

Background to the Bill

There are two facets to the Bill:

• Amendments enabling the implementation of certain reforms to improve the building regulatory system;
• Other immediate changes to legislation to improve its operation and make existing obligations clearer.

The ACT Government committed to an in-depth and wide ranging review of the ACT building environment because effective building policy and regulation is fundamental to the quality and performance of our built environment. As a result of this review, the ACT Government has already taken steps to improve building quality in the Territory. These were supported by a series of legislative reforms introduced in three Acts to amend construction legislation. In 2013–14 the Legislative Assembly passed the Construction and Energy Efficiency Legislation Amendment Acts 2013, 2014 (No 1) and 2014 (No 2).

Amendments Contained in the Bill

The proposed amendments to the Building Act 2004 (ACT) and Building (General) Regulation 2008 (ACT) are to:

• expand the existing statutory warranties for residential buildings of three storeys and below to all private residential buildings,
• insert a section outlining the functions of a building certifier,
• revise provisions relating to stages of work and associated inspections to make obligations of builders and certifiers clearer, and insert a regulation-making power to make provisions for stage inspections, including to prescribe what must be inspected and how,
• amend certain provisions for certificates of occupancy to improve their operation and align with the certification and inspection requirements for electrical, gasfitting and plumbing work under relevant legislation,
• include powers to provide for standard conditions, prohibited conditions and information that must be provided with the contract for certain contracts involving residential building work,
• include provisions in relation to appointments of building inspectors and what a building inspector may do during an inspection consistent with those for inspectors in the Construction Occupations (Licensing) Act and its other operational Acts,
• allow for processes for building inspectors to apply for, obtain and execute a search warrant to enter premises if required,
• expand the existing power to make a code of practice for building work to include building certification work,
• allow for guidelines for building documentation to be made under the Act, and
• restrict certain exemptions from parts of the Act to buildings that meet the deemed-to satisfy provisions of the building code, rather than allowing self-assessment of performance-based solutions.

Other miscellaneous amendments and repeals are also included in the bill to further these aims.

Mick Gentleman MLA Minister for Planning and Land Management stated on introduction of the Bill,

The Legislative Assembly resumes sitting on 2 August 2016.

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