Southwest Building Surveyors Group (SWBSG) recently posed the following questions to the Office of the State Building Surveyor and the Building Plumbing Commission. The SWBSG have shared this with our members as it will be of interest to many of you.
Technical Strategy
Is there any hint on the date that the NCC 2025 (National Construction Code) will be adopted?
The date will be advised when the decision is made by Government.
What are the proposed changes to the NCC (National Construction Code) Victorian variations (if they’ve been finalised?) and will these be released for public comment prior to adoption?
These will be communicated once they have been approved by the Minister. They are not subject to public consultation.
Is the OSBS (Office of the State Building Surveyor) engaged with the DTP (Department of Transport and Planning) and are they aware of future regulatory changes for enactment? Can advice and guidance be provided to industry prior to enactment of new provisions such as the new cost of works requirements?
Yes. It’s inappropriate for the OSBS to advise industry until in a position where we are permitted to do so, which is when Bills and Regulations go through the necessary approval processes. We will continue to provide advice and guidance at the earliest possible time.
Has any work begun on the sunsetting of Building Regulations 2018? How is this going to be implemented with the reforms or will it be deferred?
No work, besides a mid-term evaluation has commenced. The sunset is led by DTP. It’s likely one of the Building Regulations or the Plumbing Regulations will be deferred, given they both sunset at similar times.
Building – Advice and Guidance / Training and Education
The [Southwest Building Surveyors Group] group provided positive feedback on the guidance provided in the recently published 4 practice notes – they were well received.
Noted
Will there be any online training released to assist with application of the new cost of works provisions?
There is no plan to release online training. There is the BPC (Building and Plumbing Commission) cost of works webpage that provides information and FAQs. The FAQs have been updated to contain information from repeat enquiries that have been received. Calculating the cost of the building work | Victorian Building Authority
Several members [of SWBSG] questioned the statement that “there was a low volume of queries from industry” regarding the cost of works changes. Both Councils and PBS’s (Private Building Surveyors) were questioning how to implement and if they needed to engage quantity surveyors or use Rawlinson’s or Cordell’s costing guides? What level of detail can be accepted? Can they rely on builders estimation programs? They stated that most MDBC (Major Domestic Building Contracts) don’t include sufficient information or breakdown on materials and chattels etc. Is it their role to ask for contracts to be amended to include specific details? What is the intent for introducing these provisions? Why does an owner builder have to include the cost of their own labour and at what rate is acceptable? i.e. ‘A’ grade quality (high level of finish) or ‘D’ grade (very rough finish)?
These questions are addressed on the BPC cost of works webpage (refer link above).
Can the OSBS provide advice and guidance on ‘Tiny Homes’ and when a building permit is triggered? Several Councils are having issues with enforcing compliance and have received inconsistent determinations from the Building Appeals Board (BAB). Ballarat Council asked for OSBS to write letter to Bunnings as they are advertising studios and pods and had statement on web suggesting “No building permits required” (my research suggests that this statement has now been updated – Elsewhere Pods 4m x 2.4m Black Studio – Bunnings Australia ).
The OSBS is aware of the marketing and distribution of various tiny home options currently available. The OSBS is investigating these matters and also reviewing relevant legislation applicable to the various locations and uses of these buildings. Once this has been completed advice will be made available to industry on the requirements and this will assist councils with enforcement.
Comments were made that recent modification determinations from the BAB (Building Appeals Board) have been inconsistent and queried whether they was any overview by anyone? The group understood that BAB determinations do not set precedents but asked if feedback can be given to the Registrar or Chair to monitor this?
The OSBS has met with the Chair of the BAB over this matter and was advised that the BAB is implementing processes to avoid this occurring in the future. The BAB are an independent body established under Part 10, Division 6 of the Building Act 1993.
Building – Council Support
Unregistered Moveable Dwellings (UMDs) in caravan parks continue to be an issue.
City of Greater Geelong were to meet with the State Building Surveyor on Friday 13th February to discuss. As several Councils are dealing with this issue they asked for any info from meeting with SBS to be circulated. The State Building Surveyor is keen for us to advise councils that:
The OSBS has met with Consumer Affairs Victoria and the Residential Tenancies Commissioner to discuss the evolution of complex UMD’s in caravan parks across Victoria. The OSBS has prepared a report and is seeking legal advice regarding the determined position on UMD’s.
OSBS advised that details of the outcome, actions or advice will be provided as soon as possible after the legal review.