Page 4321 - Week 12 - Thursday, 24 October 2019
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Other changes help users of the act understand the intent of the law in relation to the appointment of a certifier. The provisions clarify that, unless work is exempt, owners must appoint a building certifier to undertake building certifier functions in relation to the work. They further clarify that, if a building approval is required, building work cannot be undertaken without approved plans and must be done in accordance with the approved plans.
Another minor amendment to the Building Act will improve access to building plans for owners corporations. This amendment is aimed at facilitating the effective functioning of the owners corporation and supports both the government’s building and strata reforms.
The bill also amends the Architects Act to expand existing delegation powers for the Architects Board and to provide for members attendance at meetings of the Architects Board otherwise than in person. These amendments facilitate flexibility in the administration and the governance of the Architects Board.
The bill also includes an amendment to the Building and Construction Industry (Security of Payment) Act that responds to recommendation 77 of the national review of security of payment laws which is aimed at providing the regulator with such information as reasonably requested to enable the regulator to monitor the operation of the legislation and the activities of the authorised nominating authorities and adjudicators. The amendments are described in detail in the explanatory statement to the bill.
Except for the provisions relating to the period in which a rectification order can be issued, which provides for orders to be issued after the existing period in limited circumstances, nothing in this bill changes existing liability periods or statutes of limitations. This means that buildings for which the statute has expired, for example for issuing a rectification order, are not re-enlivened by the provisions of the bill.
The bill includes new offences in relation to the public display of stop notice information, failing to comply with a direction given by a building inspector, offences against licensees’ notification requirements and failing to comply with a court order in relation to an enforceable rectification undertaking.
Contravention of the ACT’s building and construction laws can lead to people suffering preventable, detrimental impacts to their safety, their health and their amenity. These penalties reflect the relative seriousness of the particular offences and the level of responsibility carried by the people failing in their obligation.
The government’s improving the ACT building regulatory system reform program targets many issues throughout the design and construction process, including improving administrative and compliance actions to better prevent the occurrence and severity of defects and reducing the impact of insolvencies, bankruptcies and financial management issues and improving security of payments. The bill continues our reform program and the government’s work in strengthening the regulation and integrity of the ACT building system so that Canberra’s buildings are of high quality.
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