Building Legislation Reform
The Western Australian Government is currently carrying out a significant review of the building regulatory environment. Building legislation is being reformed to improve the delivery of standards and services across the State. In addition to developing a new Building Act and associated Building Certifiers Act, the Western Australian Government has endorsed the consolidation of building standards and practitioner registration into a Building Commission. The Building Commission will be established as an independent agency to deliver building legislation reform and regulate the built environment for the benefit of the community.
For information about the implementation of a Building Commission in Western Australia please visit the website at http://www.buildingcommission.wa.gov.au/
Please note the Department of Housing and Works has been disbanded. The Building Industry Development directorate responsible for building legislation reform has moved temporarily to the Department of Treasury and Finance’s Building Management and Works Division. In the next few months Building Industry Development, in partner with the Builders Registration and Plumbers Licensing Boards, will form the Building Commission directorate within the Department of Commerce prior to the formal establishment of a new statutory authority.
A New Building Act for Western Australia
A new Building Act is being developed to replace the Building Regulations 1989 and parts of the Local Government (Miscellaneous Provisions) Act 1960. An associated new Building Certifiers Act will register building surveyors and other specialist certifying practitioners for the purpose of certifying compliance under the Building Act provisions. The new legislation will take into consideration national regulatory reforms by confirming the Building Code of Australia as the primary building standard, formalising private sector participation in the building certification process, and providing a registration system for building surveyors and other building professionals who may be required to certify compliance.
Proposed Legislation Reforms
The proposed reforms to the current regulatory environment are:
- Whole of state coverage;
- All buildings to be covered, including those owned by the Crown;
- Giving a clearer definition of what constitutes a building and clear exemptions from the building permit process;
- Nominating Permit Authorities – Local Authorities, State Government or special authorities – to issue building and occupancy permits and to enforce building control;
- Allowing suitably qualified practitioners to certify compliance with the Building Code of Australia and construction compliance with the building permit;
- Introducing separate and streamlined processes for approving domestic and commercial buildings;
- Enabling private certification of compliance against building standards, but retaining local government as the sole issuer of building and occupancy permits;
- Retaining the option for owners to use the current local government combined certification and permit issuing function for normal houses and minor building work (class 1 and 10);
- Taking a risk-based approach to inspection requirements so that registered building professionals require less independent checking than lay designers and owner-builders;
- Providing a clear end-point to the construction period, and certification that the building complies with the building permit issued;
- Registering a wider range of industry practitioners to certify compliance;
- Implementing a nationally agreed accreditation framework for building surveyors; and
- Implementing a process for the assessment and approval of building works carried out without a building permit.
The outcome of these reforms will be a more responsive and modern building regulatory system that meets the changing needs and aspirations of all building industry participants and consumers.
Discussion Draft Released for Public Consultation 8 November 2005
A New Building Act for Western Australia – Discussion Draft was released for public comment on 8 November 2005. The closing date for submissions was 30 June 2006.
Discussion Draft – A New Building Act for Western Australia
Brochure – A New Building Act for Western Australia
Public Information Sessions During 2006
As part of the public consultation process undertaken during 2006, the Department of Housing and Works conducted a series of Information Sessions across regional and metropolitan Western Australia, as listed below.
Australian Institute of Building Surveyors (AIBS), Australian Institute of Building Designers (AIBD), Fremantle Workshop Friday 10th February 2006
Dept Sport and Recreation Briefing Monday 13th February 2006
Greennough Thursday 16th February 2006
City of Joondalup Briefing Monday 27th February 2006
Bunbury Zone (Shire Staff) Briefing, Dardanup Monday 20th February 2006
Bunbury Wednesday 1st March 2006
Northam Friday 3rd March 2006
Landcorp Briefing Wednesday 8th March 2006
Urban Design Institute of Australia (UDIA) Briefing Wednesday 8th March 2006
South West Building Surveyors Briefing, Denmark Friday 10th March 2006
Albany Friday 10th March 2006
Western Australia Local Government Association (WALGA) Briefing Monday 13th March 2006
Karratha Wednesday 15th March 2006
Broome Thursday 16th March 2006
Kalgoorlie Wednesday 22nd March 2006
Esperance Thursday 23rd March 2006
Master Building Association (MBA) Housing Council Briefing Tuesday 28th March 2006
Royal Australian Institute of Architects (RAIA) Briefing Thursday 30th March 2006
Kununurra Friday 31st March 2006
Arup Engineering Briefing Wednesday 5th April 2006
Fire and Emergency Services Authority (FESA) Briefing Thursday 13th April 2006
Public Submissions on Discussion Draft
The Department received 109 submissions in total in response to the Discussion Draft. These are broken down as follows:
- 59 from Local Government (including WALGA; LG employees who provided separate submissions; etc.)
- 25 from Industry (including peak bodies and private companies)
- 12 from Government
- 13 from Community
To access further information in relation to public comments, including a brief feedback report and a detailed summary of comments received, click on the links below:
Building Act – Feedback Report
Building Act – Detailed Summary of Public Comments
All submissions and comments received were reviewed and analysed and made available to help working groups develop the best possible legislation.
External Reference Groups
Stakeholder Reference Group
A Stakeholder Reference Group was established in August 2006 to provide high-level advice to the Western Australian Government on building legislation reform. The primary role of the Stakeholder Reference Group is to guide the Government on desirable reforms and the best policy options to deliver them.
Membership includes representatives from:
Property Council of Australia
Chamber of Minerals and Energy
Australian Institute of Building Surveyors (AIBS)
Master Builders Association (MBA)
Housing Industry Association (HIA)
Building Designers Association (BDA)
Built Environment Design Professions (BEDP)
Western Australian Local Government Association (WALGA)
City of Armadale
City of Joondalup
Shire of Bridgetown-Greenbushes
Department of Planning and Infrastructure
Department of Consumer and Employment Protection
Royal Australian Institute of Architects (RAIA)
Working Groups
A series of Working Groups will be established to provide detailed input and advice on specific aspects of building legislation reform. Two Working Groups were established initially in September 2006 to assist in preparing detailed provisions for the new building approval process, with the Stakeholder Reference Group able to recommend additional groups as required. The primary role of the Working Groups is to assess and recommend detailed processes and reforms to be included in the proposed Act or Regulations.
Membership of the building approvals process working groups includes representatives from:
Builders Registration Board
Master Builders Association (MBA)
Housing Industry Association (HIA)
Building Designers Association (BDA)
Built Environment Design Professions (BEDP)
Chamber of Minerals & Energy
Property Council
City of Joondalup
City of Canning
City of Wanneroo
City of Perth
Shire of Goomalling
Private Certifier
Fire & Emergency Services Authority (FESA)
Department of Health
Royal Australian Institute of Architects (RAIA)
It is anticipated that further working or focus groups will be established during 2009 to progress detailed provisions of the Building Act, associated Building Certifiers Act, and the supporting regulations.
Economic Analysis of a New Building Act for Western Australia
The Department of Housing and Works commissioned consultants ACIL Tasman in 2006 to undertake an economic analysis of the proposed Building Act. Predominantly this first-stage report focuses on the impacts to local government authorities. The department is required to conduct a final regulatory review in accordance with the State’s regulatory gate-keeping process, once the Building Act proposal is developed in detail and a Bill has been prepared. This final review will capture wider impacts of the proposed Building Act and Building Certifiers Act.
To access the first-stage report that analyses the impacts of the proposed building legislation reforms, please click on the link below.
Economic Analysis of a New Building Act for Western Australia
New Legislation Development – 2008 Overview and Progress Report
A brochure was produced in 2008 that provides readers with an outline of the anticipated benefits of the new legislation, the proposed changes and key elements of the Building Act, and a general status report (current at the time of print).
Streamlining Building Control - A New Building Act for Western Australia.
New Legislation Development – 2009 Progress Report
The new State Cabinet approved the continued drafting of the Building Bill and associated Building Certifiers Bill on 17 November 2008. Formal drafting of both these Bills recommenced in late December 2008. A first draft of the Building Certifiers Bill 2009, and more recently a partial draft of the Building Bill 2009, has been received from Parliamentary Counsel’s Office. The Department is currently analysing the contents of both draft Bills in order to respond to Parliamentary Counsel.
It is anticipated that formal drafting of the Bills will continue throughout 2009. Numerous drafts are likely to be produced, with stakeholder consultation recommencing once the Bills are developed internally to a satisfactory point. The Bills will be refined where appropriate and detailed provisions prepared for the supporting Regulations, primarily in consultation with the Departments established Stakeholder Reference Group and with the assistance of various working/focus groups as required. Wider general consultation will be undertaken with local governments, state government agencies, certifying practitioners, and other interested parties.
Timeframes for re-commencement of consultation and enactment of the new legislation are dependent on Parliamentary Counsel completing the Bills in the manner described in the drafting instructions developed in conjunction with the Departments stakeholder groups, and the level of stakeholder agreement on provisions. Furthermore, a Regulatory Impact Statement is to be prepared in line with the State’s gate-keeping principles prior to seeking Cabinet approval to print the Building Bill and Building Certifiers Bill and introduce them to Parliament.
Legislation Development Timeframe
Phase Task Timeframe Public Consultation Discussion Draft released 8 November 2005. Comments invited from industry and the general public Closed 30 June 2006 Review of Comments Detailed analysis of public submissions and comments received. July – September 2006 Establish
External Reference
GroupsEstablish Stakeholder Reference Group
Establish Building Approval Process Working GroupsAugust 2006
September 2006Refine Proposal Incorporate comments received where appropriate. Refine proposal with external reference groups. By mid 2007 Drafting Instructions Prepare formal drafting instructions. Submit to State Cabinet for approval to draft. By end of 2007
Cabinet Approval to Draft Approval to draft a Building Bill and associated Building Certifiers Bill. 21st January 2008
Change of Government September 2008 New Cabinet Approval to Continue Drafting Bills Approval to continue drafting a Building Bill and associated Building Certifiers Bill. 17 November 2008 Draft Bills Parliamentary Counsel to draft the Building Bill and Building Certifiers Bill. Mid 2009
Consultation on Bills Refine both Bills in conjunction with stakeholders. End 2009
Prepare Regulations Prepare detailed provisions for the supporting regulations. End 2009
Regulatory Impact Statement Undertake RIS in line with the State’s gate-keeping process. End 2009
Cabinet Approval to Print Cabinet Approval to print the Building Bill and Certifiers Bill and introduce to Parliament. December 2009
Bills Passed by Parliament Bills debated and passed through both Houses of Parliament. Mid 2010
Further Information
If you would like more information on the proposed Building Act and associated Certifiers Act please submit your questions and contact details to:
Building Industry Development
Telephone: 9488 2722
Or
1800 739 960
Email: bid@bmw.wa.gov.au
Thank you for your interest.
