INDEPENDENT REVIEW OF THE BUILDING PROFESSIONALS ACT 2005
DISCUSSION PAPER MAY 2015:
Review Subject 3: Building Regulation and Certification Process
Date: 06 June 2015
INDEPENDENT REVIEW OF THE BUILDING PROFESSIONALS ACT 2005
DISCUSSION PAPER MAY 2015:
Review Subject 3: Building Regulation and Certification Process
1.0APPLICABLE LEGISLATION
Principal Certifying Authorities -Critical Stage Inspections (CSI)
01S.109E (3) (d) 0.1Environmental Planning and Assessment Act-1979
(d)that building work or subdivision work on the site has been inspected by the principal certifying authority or another certifying authority on such occasions (if any) as are prescribed by the regulations and on such other occasions as may be required by the principal certifying authority, before the principal certifying authority issues an occupation certificate or subdivision certificate for the building or work, and
02Importance of CSI
a.The quality of dwelling construction is important, it must be. Therefore, the importance of the Critical Stage Inspections (CSI) must be unmistakably understood as an imperative for delivery of that quality. Say, the design-quality and specified-quality are intrinsically present in the project documentation (“the paperwork”); the quality of the outcome will be maintained and enhanced if the contractor is to add the workmanship-quality during the construction process. If the workmanship-quality is not present, the quality chain is disconnected, the design-quality and the specified-quality will be demeaned and the outcome compromised.
b.Similarly, such disconnect exists within the current legislative arrangements (EP&A Act – Building Act – BP Act) whereas they should be seamlessly and meaningfully connected through an integration of objectives, themes and purposes, strictly focused on the delivery of the process they are designed to facilitate.
c.If the mandatory requirements of the Construction Certificate, or the Complying Development Certificate (that the Works, if constructed according to the Plans and Specifications that comply with the EP&A Act 1979 and that meet the minimum requirements of the NCC (BCA) with respect to health, structural integrity, fire safety, amenity and sustainability objectives), are to be delivered as expected, the Critical Stage Inspections must be taken extremely seriously. There is currently no other statutory tool by which this can be achieved.
03Improvements to Current Status
a.The whole substance of the certification process and the quality outcome depends on the success of the CSI regime; therefore the same needs to be strengthen and expended:
b.The Architect-Owner’s Agreement would invariably be based on the required documentation deliverables (Schedule in the LEP or SEPP 2008) which only specifies what drawings would be prepared, but the level of completion of the documentation may be insufficient for the contractor to deliver the minimum standard, unless the Owner’s Agreement is for the Architect to perform the Contract Administration. The PCA-Owner contract usually does not seek any additional arrangements andas far as the Contractor is concern, he is not going to seek any additional drawings in addition to the certified documents.
c.PCA must ascertain beyond doubt that the drawings presented for certification contain sufficient (depth) information to facilitate the BCA requirements.
d.More inspections are required to guarantee that the Works, the certified drawings represent are faithfully constructed
e.Greater progress reporting by the contractor (this may also eliminate some of the “missed inspections”
04Alternative Solutions
a.Complete new concept of the Site Inspections, either by the PCA (extended authority) or another Authority with statutory powers to have the control over the whole procurement/delivery process.
b.Expend the use of Category A4 certifiers, to exclusively (rather than to be appointed by the PCA) inspect and report to the PCA on all matters required by the s.109E (3) (d) of the EP&A Act [Cl.129B; Cl.143B and Cl.162A of the Reg. 2000].
c.This is virtually already in place; The A4 are accredited, they carry insurance, have experience, etc. but for some peculiar reasons are not commonly used by the PCAs and this creates the shortages and inefficiencies (probably resulting in some additional “missed inspections”, as well) due to the A1, A2 and A4 doing the CSI rather than A4.
Peter Durisic:
Registered Architect (ARB 4665) and Accredited Building Certifier (BPB 1911)
Page 1 of 1