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Victoria’s Building Regulatory System is now set to be reformed

Goran Gelic, Joe Denina and Snjezana Steele

The Victorian construction sector has recently faced significant controversies involving residential apartment defects and combustible cladding, causing detrimental impacts on consumers, the building sector, and the Victorian Government.

In response, the Government has established a comprehensive review of its building regulations with the aim of delivering reforms. These reforms aim to protect consumers and improve the building industry’s standards overall.

The Victorian Government has recently introduced the Victorian Building Legislation Amendment Bill 2023 (Bill) which provides for amendments to be made to the Building Act 1993 (Act) and the Architects Act 1991 including amendments to various other associated laws.

At this stage, the changes contemplated by the Bill are proposed to take effect (if not prior) by 1 February 2024.


What you need to know about the Bill

The Bill seeks to:
  • Improve the oversight of building construction – Noting Andrew Cialini was appointed the State Building Surveyor in 2019, the Bill will formalise his role in legislation and provide him with statutory powers to; amongst other things, issue binding determinations on the interpretation of a technical standard or requirement for building work that is prescribed by the Act and the building regulations.
  • Increase the accountability for all construction industry participants - through education and establishing registration requirements for building and design consultants.
  • Improve consumer confidence - by establishing a Building Monitor which requires builders to provide more information about their work.

Summary

These legislative amendments are anticipated to increase consumer confidence by promoting greater safeguards and quality requirements for building works. They will also aim to hold building practitioners including designers, engineers and other key stakeholders in the building and construction sector accountable for enhanced building systems overall.

Construction industry participants will need to ensure that their contracts and processes are set up to ensure compliance with the requirements contemplated by the Bill.

How we can help?

Our Building and Construction team at Russell Kennedy Lawyers can assist you by providing tailored advice specific to your business needs and to ensure you are complying with the relevant laws.

For more information, please contact Goran Gelic, Joe Denina, Paul Somers or Snjezana Steele from our Dispute Resolution and Infrastructure, Building and Construction teams.

If you would like to stay up to date with Alerts, news and upcoming events from our Dispute Resolution and Construction and Infrastructure teams, you can subscribe to our mailing list here.

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