Building Amendment (Enforcement and Other Measures) 2017

New Legislation – Building Amendment (Enforcement and Other Measures) 2017

On 11 May 2017 the Building Amendment (Enforcement and Other Measures) Bill 2016 was passed by the Victorian Parliament and it received Royal Assent on 23 May 2017. The changes will be introduced in stages throughout the rest of the year and into 2018.

The provisions of the Bill relate to a range of issues including:

  • Registration of companies;
  • New personal and financial probity tests for registration and renewal;
  • Information on building practitioner’s registration and disciplinary history to be made more accessible to consumers;
  • Improvements to the building permit levy process and collection;
  • Increased rigour around the inspection of building work;
  • Providing for transfer of work between building surveyors and other measures to improve the regulation of building surveyors;
  • Stronger entry and information-gathering powers for the VBA and other regulators.

A full Explanatory Memorandum is available on the Victorian Government legislation website by CLICKING HERE.

Pleasingly, the legislation removes the responsibility from the building designer in regard to ensuring that the building work (construction) is carried out in accordance with the Building Act, Regulation and building permit; however, despite assurances from the Department of Environment, Land, Water and Planning, the building designer could potentially still be held responsible if a building permit is not in place.

We remind members of the previous article on this matter “Update on Beware of ‘New’ Section 16” which provided some guidance on how you can limit your liability.

BDAV will provide further updates on the specific implementation of these changes which directly affect building designers/draftspersons. This includes changes to the BDAV engagement agreement, building contracts, general notes and other material.