Building Appeals Board

Record of meeting with the Building Appeals Board The VCEC met with the Building Appeals Board (BAB) on 9 February 2005 (click here to view ROA BAB meeting 9 Feb 2005 (pdf 72.4 KB) attendees). Robert Kerr, the presiding commissioner for this inquiry provided a brief overview of the functions of VCEC and presented some information on the scope and timeline of the inquiry. The chair of the BAB, Anne Keddie, delivered a presentation on the role and operation of the BAB, and issues it considers relevant to the VCEC inquiry. Below is a summary of the key points and issues that were raised by the BAB in its presentation. Roles of the BAB The BAB is an independent statutory body established under the Building Act 1993. It is empowered to determine any matter relating to the Building Regulations 1994, the Building Code of Australia 1996 and specified provisions of the Act. The aim of the BAB is to achieve building safety, amenity and sustainability outcomes matched to community goals. The BAB provides services under four categories: Appeals Appeals can be made against a decision of: · a building surveyor; · the Building Practitioners Board; · the Building Commission; and · the local council. Disputes Resolution Disputes can be heard if they are about: · the applicability of regulations; · adjoining property protection work; and · inspections Compliance Assessments Assessments can be made on whether: · a particular design of a building or an element of a building complies with the Building Act 1993 and Building Regulation 1994. Referrals and modifications Decisions can be made on: · Whether a design or element of a building complies with the Act and regulations; · Whether a provision of the Regulations does not apply to a particular building (modification); and · Approved where the BAB is satisfied that to do so is reasonable and not detrimental in the public interest. Substantial cost savings have been made through the use of the appeals and modifications system. The BAB considers every appeal and request for modification on its own merit. Examples of typical modifications concern ceiling heights and the construction of stairs in domestic buildings. Once a decision has been reached on a modification, it cannot be appealed, except to the Supreme Court on matters of law. In 2004, 164 applicants had their appeals/disputes heard, and 1613 applicants went before the BAB to seek modification assessments. Key Issues of concern for the BAB · Relevancy of regulation & national consistency for Victorian construction practices and minimum construction standards versus best practice regulations. The BAB is concerned that current building regulations are inhibiting change and innovation in the industry. The BAB believes the performance based Building Code of Australia has been tremendously successful in encouraging innovation in the building (and housing construction) sector. · Over regulation of local laws. Local planning laws are increasingly affecting domestic building, particularly in the inner metropolitan Melbourne. The BAB believes that domestic building issues are best managed by building surveyors. · Occupational Health and Safety. Methods of ensuring safety on a site need to become more consistent. · Builders Insurance. The BAB believes insurance premiums should be linked to building practitioners’ previous and ongoing work performance. The BAB supports the development of a Building Ethics Program whereby insurance premiums are linked to individual builders work practices and performance. Under this program, insurance would be first resort as the builder would not be paid until the workmanship was independently assessed. In addition to the issues listed above, the BAB are concerned with 5 star impacts on high rise apartments and skills shortages of apprentices and surveyors. Potential regulatory requirements pertaining to disability access in domestic housing and community awareness of the importance of home maintenance are also issues that the BAB would like to see addressed in the inquiry. Alison Graham VCEC Secretariat – Economist 9 February 2005