Page 2411 - Week 06 - Thursday, 24 June 2010
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The reforms contained in this bill also include Building Act exemptions. Like the Planning and Development Act, the Building Act provides that some types of buildings do not require building approval in some circumstances. A homeowner or a leaseholder will be able to apply for an exemption notice in the same way as they can for a notice under the Planning and Development Act. Because the concept is the same for both the Building Act and the Planning and Development Act, the processes have been replicated in both acts, which means that there are similar requirements for the application process, similar controls on requests for further information and similar obligations for those issuing an exemption assessment notice either under the Building Act or the Planning and Development Act.
It is also important to note that a person acting in good faith can gain protections under the act when relying on such certificates to carry out building or development works. In that context, though, it should also be noted that ACTPLA still has the power to cease works if it considers the exemption certificates are deficient in some manner.
Further, an additional amendment to the Building Act will now allow a building surveyor to issue a formal notice for all applications for building approval. Previously, the surveyor could formally only issue a building approval. This left some proponents with no written notice of the outcome of their building approval applications. The reforms will now ensure that, for every application for building approval made to a building surveyor, a formal response is provided. In fact, it will become mandatory that a written determination to all BA applications is made by the building surveyor.
I will now turn to who can issue these exemption assessment notices and what regulatory framework will be used to license people to do this work. This will include important protections for the community and for industry. Earlier this year, through a previous amendment to the COLA act, we created a new construction occupation of works assessor. Currently, a works assessor can only do work around the unit title application process. This bill expands that scope of work to allow a suitably qualified works assessor to issue an exemption assessment notice under the Planning and Development Act. They cannot issue a notice under the Building Act.
The role of the building surveyor has also been expanded to allow the licence holder to issue exemption assessment notices under the Building Act and the Planning and Development Act. This now means that, instead of the one traditional scope of work that a building surveyor used to do, they can now undertake a range of new and enhanced functions under the same licence. Although building surveyors have been determining DA-exempt status for some time, there was no formal process or documentation connected with this.
These functions can cover work under the Unit Titles Act in the form of a unit title assessment report. They also cover work under the Planning and Development Act in the form of exemption assessment D notices and an expanded role under the Building Act to now also include exemption assessment B notices. This reform alone significantly expands the business base for building surveyors and may prompt an expansion of employment in these firms to undertake this work. However, it remains the case that a building surveyor could not issue a BA unless there is a DA, a DA-exempt certificate or the building surveyor determines that the DA is not required.
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