Greater Regulatory Oversight Introduced into the Building Act 1993 (Vic)

 

Background

Appointments of a State Building Surveyor (SBS) and a Building Monitor (BM) are two welcome amendments to the Building Act 1993 (Act) made by the Hon Richard Wynne, former Minister of Planning and Minister of Housing.

The Building, Planning and Heritage Legislation Amendment (Administration and Other Matters) Bill 2022 (Bill) was introduced by Wynne on 21 June 2022 and will significantly amend the Act as well as other building, planning and environmental laws. 

State Building Surveyor

An important amendment to the Act is the appointment of a SBS at a statutory level, providing specialised expertise in relation to building and plumbing work. The SBS will encourage improvements to regulatory oversight and practices within Victoria’s current building system, enabling future superior outcomes within the industry.

To foster improvements within the building industry, the SBS shall have the following functions and duties:

  • Interpret building standards and issue binding determinations under the Act;

  • Provide expert technical advice and support to personnel involved within the building and plumbing industries, including through the publication of guidance materials;

  • Representing Victoria in the development of national building and plumbing standards and requirements; and

  • Improve standards within the building and plumbing industries by engaging with building system regulators.

Building Monitor

A further important amendment to the Act is the appointment of a BM, to address issues experienced by any Domestic Building Affected Party (DBAP) in domestic building works. The BM shall advocate for a DBAP and promote awareness of systemic difficulties and issues within the building and plumbing industries.

The term domestic building affected party will be created under the Act to include any individual who has engaged or proposes to engage another person to conduct building works for a domestic property.

The BM shall have the following functions and duties:

  • Make recommendations to the Minister on systemic issues and risks in relation to DBAP;

  • Analyse and conduct research on building systemic issues;

  • Monitor improvements as a result of legislative reform for DBAP; and

  • Reduce consequences for DBAP through the development of educational materials.

If you require legal assistance, please contact Chris Moshidis, Director and Principal Lawyer on +61 9521 7956 or at chris@urbanlawyers.com.au.

 
 
Katie Goldstate building surveyor, building monitor, Building Act 1993 (Vic), building act