BPC advice outlines expanded powers for relevant building surveyors where land has been significantly compromised.
The Building and Plumbing Commission (BPC) has emailed advice to building practitioners regarding recent amendments to the Building Act 1993, which expand the powers of relevant building surveyors in certain circumstances where land has been significantly compromised.
The advice relates to changes that allow relevant building surveyors to issue emergency orders, building notices and building orders where a building is situated on land affected by a condition-altering event. These events may include landslides, flooding, earthquakes, liquefaction, coastal erosion, retaining wall failure and improper waste disposal.
The amendments follow issues identified after the McCrae landslide on the Mornington Peninsula, where limitations were highlighted in the powers available to building surveyors when dealing with land defects where no active building work was being proposed or carried out.
Under the new provisions, building surveyors may require actions or works necessary to remove or reduce risks to life, safety and property arising from unstable or hazardous land conditions.
The BPC advice also notes that the relevant prescribed forms under the Building Regulations 2018 have not yet been updated. Until amended forms are available, building surveyors should ensure that the reasons for issuing a building notice, building order or emergency order are clearly specified and that the grounds align with the amended provisions of the Building Act.
VMBSG encourages members and industry practitioners to read the advice issued by the BPC.