Submission to Building Professionals Act 2005 Draft Report from:David Manché

I write to you regarding the above detailed in the draft report dated August 2015 (Author: Mr Michael Lambert).

The benefits to the consumer and communities if the recommendations within the report are adopted will provide a greater level of certainty to all parties involved in building projects.

The benefits would include:

Better quality design documentation and specifications of works (above current minimum submission requirements) will enable better assessment and approval by Council or Principal Certifying Authority for construction certificates and Complying Development Certificates

Consumers, builders and trades persons will have a better understanding as to the intent and outcome sought for building projects including compliance with the National Construction Code and Australian Standards

Better quality building outcomes will be achieved through consumers, builders and trades people adhering to project design documentation and enabling a greater awareness for compliance with the National Construction Code and Australian Standards

There will likely be less litigation and insurance claims for faulty workmanship and materials with parties being held accountable for their roles in building projects.

With parties being held to account from beginning to end through the course of building project the built outcome will be of a higher quality and standard

There will be a greater certainty as to project costs which could lead to reduced building costs on building projects. It should be noted that the cost to a change to project design documentation is far less than that change having to be carried out on site. It could be the difference between a $500 cost for a change in project design documentation versus $25,000 if carried out on site

The above benefits can be achieved by the adoption of the recommendations below:

  • Certification be required for building plans by appropriately qualified and experienced persons who are accredited or recognized under the BP Act. Consideration should be given to providing BPB accreditation to persons that are accredited by the Board of Architects and Building Designers Australia.
  • Building plans must show key regulated measures and features and the supporting specifications to the plans include sufficient detail to evidence design compliance with the standards.
  • Building plans involving staged development must show each stage’s relationship to the overall development and details of the sequencing path
  • While it will be possible at the DA/CDC stage to provide statements of design intent on the building plans, before work on that aspect can commence, the certified plans for the design will need to be submitted.
  • Suitable qualified and experienced persons who are accredited or recognised under the BP Act be required to certify the design of all critical building elements in Class 2 to 9 buildings. It will be necessary to identify the necessary skills and experience and, if possible, professional associations that accredit such persons.

Of concern is the exclusion of Class 1 and 10 buildings as ‘complex buildings’. It is thought that these classes should be included along with deleting the reference to ‘complex’ buildings’ and simply include all buildings above a $ value in line with contract regulations for engaging a builder. A further concern relates to the recommendation that “Suitable qualified and experienced persons who are accredited or recognised under the BP Act be required to certify the design of all critical building elements in Class 2 to 9 buildings.” It is considered that all Classes of building including classes 1 – 10, should be included in the requirement of being designed by a registered designer. There should be no exemptions except for those simple structures mentioned above.

The adoption of the recommendations within the report with revisions as suggested is thought critical to improving the construction industry which at this current time is disjointed and suffers huge financial loss through parties not being held to account.

Kind Regards

David Manché

Manché Designs