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AAC Policies
All practitioners involved in the design, inspection or undertaking of works on a building site should be registered or accredited and mandated to carry professional indemnity insurance policies.
The Building Confidence Report (Shergold-Weir Report) makes the clear statement that:
“Those responsible for making decisions under the NCC need to be identified so that they can be held accountable for their decisions.”
This reinforces the need for Architects, Building Designers, Builders and Tradesman to be either accredited/registered or licensed to provide services relating to the construction of a building.
The level of accreditation/registration or license should be commensurate with the service that they provide.
Where a building worker plays only a minor role in the construction of a building (e.g. labourers and unskilled subcontractors) it should be clear that the principal builder is vicariously responsible for the actions of those persons.
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A comprehensive and transparent auditing process to oversee the activities and conduct of Accredited Certifiers is appropriate and necessary.
This has been a requirement of all accreditation schemes since the introduction of certification and whilst it was generally agreed that early industry based programs failed to meet the expectations and standards of the both the community and the Government with the transfer of these responsibilities to the NSW Government the quality of the auditing has not improved. In fact, it could be argued that things have worsened.
The community needs to have confidence in a process that not only manages the industry, but it must also be comfortable that the persons delivering these services are fulfilling their roles in a professional manner without any hint of impropriety.
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An independent panel of experts should be established to advise government on cladding rectification.
The Department of Finance, Services and Innovation needs to step in and control the process of existing cladding risk assessment in a fire upgrade scenario via this independent panel of experts.
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AAC endorses the Building Ministers’ Forum (BMF) call in December 2019 for industry associations to establish Professional Standards Schemes (PSS).
The AAC takes its role as an industry association very seriously and is committed to lifting the standards of all Accredited Certifiers in NSW. We recognise that it is not solely government responsibility to drive the necessary reforms in the building industry, but industry’s responsibility as well.
As a result, the AAC is developing its own PSS, consistent with the BMF call, to restore confidence in the building sector and to deliver better outcomes for the public.
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All professionals, and selected tradespersons, involved in the construction of a building must be required to certify all aspects of design and installation relating to their activities.
This certificate should be a prescribed form that has been designed and/or approved by the Government. The generation of such a certificate through a government managed ‘certificate generator’ would provide for a consistent, standard approach to documentation that is clearly understood and recognised by the industry. And it could attract a fee in a similar manner to that currently generated by BASIX Certificates.
‘Certificate generators’ can issue certificates with a unique number that can be referenced on every Occupation Certificate issued by a Certifying Authority and traced to the responsible person, which reinforces the importance of a transparent process and it makes participants accountable for their actions.
The fact is that building regulation throughout Australia is driven by the National Construction Code and this Code is a performance-based document. As such, the use of third-party certification from accredited persons and the importance of having participants being accountable for their actions has never been more important.
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The building industry is plagued by the use of products and building elements that:
- claim to be something that they are not;
- do not meet the standards required for their intended use; or
- are marketed or supplied with the intent to deceive those that are intending to use them.
Everyone involved in the building product supply chain needs to be accountable for the products that they prescribe, specify, purchase and use in the construction of buildings.
It is critical to the longevity and structural soundness of buildings that the products and materials procured and used in buildings are ‘fit for purpose’ and conform with Australian building laws and standards.
It should be mandatory for the Applicant or relevant person to supply Accredited Certifiers and those that approve buildings for construction with the appropriate documentation that satisfies the relevant requirements of the National Construction Code (NCC).
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The Building Sustainability Index or what is more commonly known as BASIX is touted by NSW Governments past and present as being “one of the strongest sustainable planning measures to be undertaken in Australia” aimed at “delivering equitable, effective water and greenhouse reductions across the state” of NSW.
In effect, what the residents of NSW have received is a poorly operated, inefficient system that is costing the building industry and Mums and Dads millions of dollars without the promised rewards in energy and water savings.
Currently we have a small percentage of homes required to comply with BASIX and they are restricted to homes under construction. Existing dwellings are not required to achieve the same sustainable goals which leaves the new homeowner with the burden of carrying the sustainable future for the majority.
Stakeholder reviews have shown that “BASIX” does not fully reflect market practice and stakeholder values.
The existing model is largely considered to be a “black hole” whereby data relating to various aspects of a building is entered into a computer model with the outputs determined by post code. These outcomes are often vague, surprising and poorly understood.
The solution is found in expanding the use of the Building Code of Australia (BCA) and allowing Applicants to design buildings based on predetermined standards in relation to the sizes of water tanks, the thermal ratings of wall and roof insulation, permissible window area sizes and the like. Compliance with Deemed-to-Satisfy provisions of the BCA should be made available to Applicants within the performance-based framework of the BCA.
And, if energy sustainability is acknowledged as an important issue to the community, the design and installation of energy efficient strategies should be certified by suitably qualified and accredited persons.
The Government currently recognises persons with the skills to do this work. As such, they should be accredited under the provisions of the Building Professionals Act or any replacement legislation.
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