Update

The WA Government is currently carrying out an extensive review of building legislation in WA. As part of this process the Government is developing a new Building Act. This Act will make significant and wide-ranging changes to the building regulatory environment (excluding engineering construction).

Purpose of Reform

The new Act is intended to:

• keep WA aligned with national regulatory reforms by confirming the Building Code of Australia as the primary building standard
• introduce competition into the building certification process, and
• provide a registration system for building surveyors and other building professionals who may be required to certify compliance.

The new Act will prescribe and enforce design, construction and maintenance standards and is aimed at creating an efficient and effective system for building applications, approval and certification.

The new Act will replace the Building Regulations 1989 and parts of the Local Government (Miscellaneous Provisions) Act 1960.

Proposed Reforms

The Draft Discussion paper, released in November 2005, outlined the following broad regulatory changes intended to be effected by the new Act:

• whole of State coverage
• all buildings to be covered, including those owned by the Crown
• a clearer definition of what constitutes a building
• having owners take prima facie responsibility for ensuring the design, construction and operations of buildings comply with the appropriate standards
• nominating Licence Issuing Authorities (such as Local Authorities, State Government or special authorities) to manage risk, audit processes and issue building licences and occupancy approvals
• allowing suitably qualified professionals to certify compliance with the Building Code of Australia and construction compliance with the building approval
• introducing separate and streamlined processes for approving domestic and commercial buildings, including the introduction of a simple notification process for some minor structures
• building approval to require evidence of all necessary approvals and not just Code compliance
• risk-based approach to assessment of licences and inspection requirements so that registered building professionals require less independent checking than lay designers and owner-builders
• providing a clear end-point to the construction period, and certification that the building complies with the award
• registering a wider range of industry practitioners to certify compliance
• introducing a nationally agreed accreditation framework for building surveyors, and
• introducing a process for the assessment and approval of building works carried out without a building licence.

Timetable

The WA Government is currently refining its proposal to take into account feedback from external reference groups, the industry and the public. The drafting instructions for the new Act are scheduled to be completed during the first half of 2007, following which approval to draft a Bill will be obtained from the State Cabinet.

Conclusion

The new legislation will aim to be modern, easy to read and will establish a building control system that results in efficient, effective and quality outcomes for all involved in the building process. Building professionals should expect to benefit from a new and more efficient licensing and regulatory environment.