In this update:
- COVID-19 Update - mask rule changes
- Automatic Mutual Recognition
- Domestic Building Managers
- Performance Solutions - mandatory process
- Industry Alert - Domestic Building Insurance (DBI) - invalid policies
- Australian Building Codes Board - free videos
COVID-19 Update: mask rule changes
From 11:59 pm on Thursday 8 July, restrictions in metropolitan Melbourne will be brought into line with regional Victoria, which means all COVIDSafe settings will apply statewide.
Masks will continue to be required in indoor, public-facing settings unless an exemption applies, but they will no longer be required at schools for students and staff or at your workplace if you don’t interact with the public – for example, if you work at an office or a factory.
Where 1.5 metres physical distancing cannot be maintained, a face mask must be worn.
Automatic Mutual Recognition (AMR) of occupational registrations is a process that aims to make it easier and faster for skilled workers to work across borders, assist with natural disasters, and enable businesses to provide services more seamlessly across borders.
The Federal Government passed amendments to the Mutual Recognition Act 1992, with several state and territory governments implementing the necessary changes to their own legislation to enable registered workers to operate across jurisdictions without applying, paying for, and waiting for further registration to perform the same type of work in another State or Territory.
It is important that our members are aware that this legislation is not currently applicable to the building and construction industry. Several state and territory governments have opted to apply a 12-month exemption from 1 July 2021 to the building and construction industry, Victoria is included in this extension.
We will be working with Master Builders Australia on the ABCB - National Registration Framework for Building Practitioners, as pathway to legislative reform so governments from each jurisdiction have confidence that our industry across borders is consistent and can apply AMR.
Further information on AMR is provided by government here.
Further information from Master Builders Victoria can be found here.
MBV will continue to keep our members informed as works progress on the National Registration Framework for Building Practitioners.
Master Builders Victoria’s (MBV) strong advocacy work has resulted in a positive outcome for Domestic Building Managers (DBM).
There has been a variety of changes to building acts and regulations recently and Master Builders Victoria has continued to communicate with the Department of Environment, Land, Water and Planning (DELWP) and our members to understand the impacts on our industry. It has been through strong advocacy that we are able to report the new parameters for Domestic Building Managers and how they continue to carry out building work until 30 June 2022.
For Domestic Building Managers the recent changes to the legislation are:
- Major domestic building contracts must not be entered after 30 September 2021
- A relevant Building Surveyor (RBS) is not permitted to issue a building permit to building practitioners registered in the category of DBM and DBU40 after 31 January 2022
- DBMs and DBU40 practitioners are required to continue to engage registered practitioners that are suitable registered to carry out work.
The changes made, support consumers for whom DBMs are carrying out building work for and that have received HomeBuilder Grants.
It is vital that DBMs remain mindful that they have until 30 June 2022 to change their registration if they wish to continue practising beyond the deadline.
Aim of our advocacy
MBV’s aim through member consultation has been to ensure that practitioners registered in the class of DBM could continue to sign contracts and gain building permits, as long as the work is completed by 30 June 2022.
The impacts of Covid and the variety of restrictions that our industry has had to endure have been challenging, however, MBV have made this issue a key priority.
What to do next? Don’t delay – start the transition process today!
MBV encourages DBM members to start the transition process of applying for an alternative registration category suitable for the structure of your business, this may be as a Domestic Builder Unlimited or Domestic Builder Limited.
We recommend that you start this process immediately if you have not already done so and well in advance of the 30 June 2022 deadline. The MBV registration team can assist you with your application and have tailored programs to assist you.
Please reach out to the registration team should you require any further assistance, contact our team on 03 9411 4555 or email [email protected]
Part A2.2(4) of the National Construction Code (NCC) comes into effect on the 1 July 2021. This new Part sets out the mandatory process on how to process and document a Performance Solution.
This new requirement will be the reason why Building Surveyors will be asking for additional information as part of the Building Approval process.
The Australian Building Codes Board (ABCB) has released guidance material on how to document a performance solution as per Clause A2.2(4) where there is a CodeMark Certificate of Conformity for a proposed building product or system here.
Further guidance material for those practitioners wanting to know about how to comply with Clause A2.2(4) can access this information on the ABCB website.
The Victorian Building Authority has had an increase in complaints where Domestic Building Insurance policies are not valid specifically; the details on the policy, domestic building contracts and the building permit is inconsistent.
Pursuant to Section 136 of the Building Act 1993, it is an offence to carry out, manage, or arrange domestic building work under a major domestic building contract unless the builder is covered by the required insurance. Specifically, the name of the builder stipulated in the major domestic building contract must be identical to the name of the builder specified in the certificate of insurance from the insurer.
Further, the relevant Building Surveyor must not issue a building permit for works carried out under a major domestic building contract, where the cost of works exceed $16,000, unless the name of the builder specified in the major domestic building contract is identical to the name of the builder specified in the certificate of insurance and the building permit.
Members who have any questions or concerns are encouraged to reach out to our team on (03) 9411 4555 or at [email protected]
The Australian Building Codes Board (ABCB) have created a variety of free videos from the 2021 National Construction Code (NCC) seminars which may be useful for practitioners who need further explanation of certain provisions of the NCC.
There are 10 videos that help explain a variety of the NCC requirements. Click here to access the videos. The ABCB website also provides access to several other videos for other NCC requirements that can be accessed here.