The Building Professionals Board of the NSW Government is currently conducting an independent review of the Building Professionals Act. Barker Ryan Stewart have been actively involved in the review process and made a number of recommended changes to the Act.
In the draft report that has recently been released, the effectiveness of certification and building regulation has been bought into question.
Over 40 recommendations have been included in the report. The most important proposed reforms impacting on subdivision certification are:
It is proposed that the current restrictions on the participation of accredited private certifiers in subdivision work be placed on a like basis to the approach applying to private builder certifiers by the following actions:
- Remove the requirement for councils’ local environment plan to approve of private subdivision certifiers being able to be appointed as PCAs or issue subdivision certificates and simply allow accredited private certifiers to act as PCAs for subdivisions and issue subdivision certificates
- Recognise in the partnership agreement with councils that private subdivision certifiers are fully entitled to issue construction and compliance certificates and councils are not to represent to the contrary
- Councils be directed that their only role in respect to a Section 88 B strata or subdivision certification is to confirm the wording of the condition or restriction.
In addition it is proposed that:
- Council subdivision certifiers be required to be accredited with BPB on the same basis as council building certifiers are accredited
- NSW work with the ABCB on developing a standard for engineering design requirements for subdivisions.
The draft report is accessible at the Building Professionals Board web site for input and comment.
Interested parties can provide feedback on the report up until the 21st of September 2015.
Barker Ryan Stewart is a leading voice in certification reform and encourages stakeholders to read and have their say on potential changes to the Act.