Personal information
What is your name?
Name
David Donnan
On whose behalf are you making this submission?
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I am making this submission on my own behalf
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I am making this submission on behalf of a business
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I am making this submission on behalf of an industry body
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I am making this submission on behalf of a government agency
Which best describes your industry sector?
Which best describes your industry sector?
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Building Commercial
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Building Residential
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Building Commercial and Residential
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Building and plumbing products
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Building Certification/ Surveying
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Architecture and design
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Engineering
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Plumbing
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Compliance, testing and accreditation
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Legal and Finance
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Specialist - disability access
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Specialist - energy efficiency
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Specialist - fire safety
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Specialist - health
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Specialist - hydraulic/ plumbing
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Student/ apprentices
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Trades and other construction services
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Education
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Community and Non-Government organisations
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Government
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General Public
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Other
Please select your State or Territory
State or Territory
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ACT
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NSW
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NT
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Qld
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SA
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Tas
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Vic
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WA
Discussion paper terms and definitions
1. Do you agree that the terms listed above should have nationally consistent definitions?
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Yes
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No
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Why?
To have consistence of information across the region and to provide the same level of information no matter where you are. This will allow easier understanding for interstate people who may be interested in purchasing property in another state. Also consistent approach for portfolio owners who have assets across several states.
2. Do you agree with the draft definitions for the terms?
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Yes
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No
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Draft building manual dataset
3. Do you agree that the draft dataset could give building owners the information they need to maintain and operate their buildings safely?
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Yes
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No
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Why?
Appears to be a comprehensive list of useful building specific information. The challenge will be obtaining accurate as-built drawing information for all relevant information.
I would suggest that all applicable warranties are also supplied as part of the building information.
In addition I would suggest that the provision of all the base building information is a requirement prior to the occupation certificate being granted by the Building Certifier. Therefore the Building Certifier may be the relevant part to administer the receipt of the relevant building information.
Consideration of a correctly configured BIM of the building would also be a valuable thing to implement however this may be something that is done for some but not all buildings. This is something that the owner may find difficult to interrogate but to an experience practitioner with a readily readable BIM it could be very powerful in identifying the location of assets (on the asset register) that need to be maintained.
I would suggest that all applicable warranties are also supplied as part of the building information.
In addition I would suggest that the provision of all the base building information is a requirement prior to the occupation certificate being granted by the Building Certifier. Therefore the Building Certifier may be the relevant part to administer the receipt of the relevant building information.
Consideration of a correctly configured BIM of the building would also be a valuable thing to implement however this may be something that is done for some but not all buildings. This is something that the owner may find difficult to interrogate but to an experience practitioner with a readily readable BIM it could be very powerful in identifying the location of assets (on the asset register) that need to be maintained.
4. What changes can you suggest to improve the dataset (e.g. removing items that would not be helpful to building owners and other potential users of building manuals)?
4. What changes can you suggest to improve the dataset (e.g. removing items that would not be helpful to building owners and other potential users of building manuals)?
I have mentioned warranties above. We all know that companies often fold or disappear during and prior to the completion of the warranty period. This often leaves the party relying on the warranty in a position where the warranty is of no value as there is no one to seek redress from. Perhaps this is another discussion.
Consideration of a correctly configured BIM of the building would also be a valuable thing to implement however this may be something that is done for some but not all buildings. This is something that the owner may find difficult to interrogate but to an experience practitioner with a readily readable BIM it could be very powerful in identifying the location of assets (on the asset register) that need to be maintained.
Consideration of a correctly configured BIM of the building would also be a valuable thing to implement however this may be something that is done for some but not all buildings. This is something that the owner may find difficult to interrogate but to an experience practitioner with a readily readable BIM it could be very powerful in identifying the location of assets (on the asset register) that need to be maintained.
Building manual processes - creating manuals
5. Do you believe building surveyors should have a role in verifying the content of building manuals?
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Yes
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No
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Why?
Them or the designated Project Manager as the party with the greatest oversight of the process. I believe the Building Certifier should be required to withhold issuing the occupation certificate or the Project Manager issuing the Practical Completion certificate until they have verified receipt of the required building information.
If you don’t believe building surveyors should verify the content of building manuals, who should perform this role instead (e.g. a developer, site manager or a contracted third party)?
I would not leave this to the developer. I believe the Project Manager is in a good position to gather the relevant information from all the relevant parties. The project manager may need assistance from the builder to pursue the relevant sub-contractors for the information but ultimately I believe the Building Certifier should retain the final say on the completeness of this information. This may become difficult when sub-contractors, or in fact any party, ceases to trade as the relevant building information is only likely to be pursued and compiled later on in the projects life. So there may need to be a mechanism that deals with this sort of situation.
6. Should people who create or verify the content of building manuals be subject to requirements, such as holding certain qualifications or having completed certain training?
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Yes
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No
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Why?
Providing a checklist of what would be standard relevant building information would be a start - but also having knowledge of the information received and whether it is good information or not is equally important. This would require relevant training I believe.
What requirements would you suggest?
As above.
7. If you work in the building industry, what guidance, training and/or assistance is needed to ensure building manuals given to building owners, following construction of new buildings, are accurate and complete?
Guidance for industry
As above. Checklist and an understanding of the relevance and accuracy of the information being submitted.
8. Do you agree occupation approvals should only be issued if there is an accurate and complete building manual?
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Yes
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No
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Why?
As indicated above, this may be the only lever for builders and other relevant parties to provide the information in a timely manner.
The other stage would be the granting of Practical Completion as this affects the general warranty periods and triggers a number of other things such as return of retention. In fact if the information supplied was not up to scratch and the parties are not forthcoming with accurate information the retention could be used to engage a third party to compile the required information ( there may be difficulties in extracting information from some parties however).
The other stage would be the granting of Practical Completion as this affects the general warranty periods and triggers a number of other things such as return of retention. In fact if the information supplied was not up to scratch and the parties are not forthcoming with accurate information the retention could be used to engage a third party to compile the required information ( there may be difficulties in extracting information from some parties however).
If you agree, how would you address issues that may be caused by construction models that permit progressive occupation?
Link it to the issue of Practical Completion of the separate parts.
9. It has been suggested that for strata buildings, developers should have to provide a bond of one per cent, which is released once the building manual is accepted by the new owners corporation. Do you agree with this incentive?
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Yes
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No
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Unsure
Why?
But could also be linked to the retention which could be 5% prior to PC or 2.5% after PC. Sometimes it takes some time to create the body corporate and for them to then have someone knowledgeable trawl through the data to see if it is considered up to scratch (despite what may have been approved by the Project Manage / Building Certifier). A 1% bond that has a reasonable time limit might be a good incentive but the granting of PC would be a better one.
We perhaps should also be working on the basis that the information that has been passed over has been reviewed for acceptability by the Project Manager / Building Certifier and that if it is not then they have an obligation to rectify deficiencies that are identified (as far as reasonably practicable).
We perhaps should also be working on the basis that the information that has been passed over has been reviewed for acceptability by the Project Manager / Building Certifier and that if it is not then they have an obligation to rectify deficiencies that are identified (as far as reasonably practicable).
10. Other than withholding occupation approvals and bonds, what other incentives or penalties should be considered to ensure developers and builders fulfil the requirements of a building manual?
What other incentives or penalties should be considered?
Some relevant mark put against the building licence of the builder/developer about the timeliness and completeness of the information handed over at the right time so that everyone can search the licences and see the past history of particular builders/developers. More than three (?) strikes and the building licence is suspended.
If you agree with incentives or penalties, what conditions, if any, should states and territories consider in implementing them?
That is a big topic that needs careful consideration and working through to be fair to all parties and deliver the expectations of the public.
What exemptions from incentives or penalties, if any, should be considered?
No comment at this stage.
How could the issues around progressive occupation be addressed?
As above - progressive Practical Completion milestones only achieved when information is compiled, provided and approved.
Building manual processes - updating manuals
11. This paper proposes that information about a building should continue to be recorded during its life. Do you agree that, provided older versions of the building manual are accessible to building owners and it is clear which version of the building manual a person is accessing, new information should continue to be added to the building manual during the life of a building?
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Yes
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No
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Why?
The building is a living thing and is continually maintained and modified over its life. It is important to keep the building information up to date on all things that materially affect the building, its maintenance and its performance. A building may require a life safety upgrade over its life and this sort of information should be recorded.
12. What guidance, training and/or assistance is needed to ensure building owners can understand, use and maintain the information in building manuals?
What assistance is needed to ensure building owners can understand, use and maintain building manuals?
That is more difficult as it would in my opinion require a degree of technical knowledge that most body corporate / owners would not possess unless they have those still to draw on internally (ie large portfolio owners). Building managers are often drawn for a building services background and thus have limited knowledge in areas such as facade, materials, waterproofing, structural design etc. I think that it would actually be quite difficult to train someone who is across all these disciplines - what the person needs to know is who to talk to get get help. I find that I have been involved in buildings and their maintenance for owners that stretches over 5 or more years and I get to know buildings quite well (but I don't have a full knowledge of plumbing or electrical work for example).
13. If a building owner gives responsibility for maintenance decisions to another person, such as a building manager, should the building manager also have legal responsibility for ensuring the building manual is updated?
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Yes
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No
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Why?
Whoever works on, or arranges for work to be done on, a building should have this responsibility. The building manager may be able to, and in some cases sensible to do so, require the contractor undertaking the work to provide the information required to update the manual. Payment of the contractor could hinge on this information being provided.
This is actually where a BIM comes in handy if it can be updated in an easily understandable way and not having to use proprietary software (or the building owner engages a third party to effect updates of the BIM). This may become a bit stick when the building changes hands as the information (BIM) may have to be transferred to a new party or the new owner takes on the old BIM maintainer.
This is actually where a BIM comes in handy if it can be updated in an easily understandable way and not having to use proprietary software (or the building owner engages a third party to effect updates of the BIM). This may become a bit stick when the building changes hands as the information (BIM) may have to be transferred to a new party or the new owner takes on the old BIM maintainer.
14. Should there be incentives and penalties for building owners and building managers to ensure they continue to record information about buildings they own or manage?
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Yes
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No
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Why?
To encourage compliance. Not sure how this would be policed however.
What types of incentives and penalties do you believe would be effective?
No comment at this stage.
Building manual processes - storage, format, access and ownership
15. Do you believe the building manual should be stored by government(s), individual building owners, and/or by a service provider?
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Government(s)
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Building owners
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Service provider
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Other
If other, please specify
Government would be ideal however who and how do the records get maintained? Building owners could do it but they would I expect require a third party to actually undertake the record maintenance. Would building owners want their records held by others that could be compromised/hacked?
This is a tricky one. Large portfolio owners would probably want to do their own storage and maintenance but building get bought and sold and this information needs to stay with the building not with an owner (I guess the transfer of the latest records would be a condition of sale but will it be in a format that is useful to the new owner and that does not require them to purchase a licence for a new piece of software?)
This is a tricky one. Large portfolio owners would probably want to do their own storage and maintenance but building get bought and sold and this information needs to stay with the building not with an owner (I guess the transfer of the latest records would be a condition of sale but will it be in a format that is useful to the new owner and that does not require them to purchase a licence for a new piece of software?)
Why?
See above.
16. Do you believe governments need to play a role in delivering building manuals or should this be left to the market?
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Governments should have a role
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It should be left to the market
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Other
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If other, please specify
Government via legislation then by the market to deliver to the requirements.
Why?
It won't happen if left to the market, or more correctly it will only partly happen.
17. Stakeholders have commented that digital storage formats can become obsolete in a shorter time than the life of a building. Do you have any comments about the digital format of building manuals and how this issue can be addressed?
How can digital format issues be addressed?
That is an issue for sure. Paper never goes out of date but it is very hard to maintain and keep up to date. We are however talking about documents which can be PDF and which have demonstrated longevity. BIMs are a little different and can have proprietary software which may limit the ability to modify records and keep them up to date. This is a difficult question to resolve.
18. Under existing state and territory disclosure legislation, certain building information must be provided to potential owners prior to a contract of sale. If it is not provided or is provided late and materially impacts the potential owners, they have the right to cancel the contract. Do you agree that legislation for a building manual should contain similar provisions?
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Yes
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No
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Why?
This is fundamental to being fully informed and being able to make an informed decision.
19. Do you have any concerns about building information being available to potential buyers?
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Yes
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No
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If yes, what are your concerns?
Provided that they are serious about purchasing and perhaps they need to achieve a particular threshold before being provided access to information. However the potential volume of information that may be provided in a building manual may swamp some purchasers and thus important information may be overlooked if sufficient time is not available to review this information before committing. This is often the case during due diligence assessments when the volume of information (useful or superfluous) in a data room means that it cannot all be looked at in the time available and important information may be overlooked.
20. Some stakeholders have suggested accurate and complete building manuals should be a condition of signing large leases e.g. for office buildings. Do you agree?
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Yes
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No
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Unsure
Why?
Depends on the requirements of the lease. If the leasee is responsible for maintenance then you would imagine this information is important. If they are just occupying space then it is less important but should still be available for review.
21. Apart from privacy, security and intellectual property, what issues do you believe should be carefully considered prior to introducing building manuals?
Apart from privacy, security and intellectual property, what issues do you believe should be carefully considered prior to introducing building manuals?
Those would be the main aspects.
22. Who should be considered the legal owner of information about a building?
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Government(s)
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Building owner(s)
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Building/facility/strata manager(s)
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Other
Why?
The responsibility for the building and its maintenance will usually lie with the building owner. This would be transferred on sale of the building to a third party.
Types of buildings that require a building manual
23. Do you agree the most appropriate option is all new Class 2 – 9 buildings (Option 3)?
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Yes
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No
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Unsure
Why?
It covers the building that are more complex in nature and that require or should require regular assessment and maintenance over their life.
24. Do you agree the same dataset could be used for all new Class 2 – 9 buildings?
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Yes
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No
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Unsure
General questions
25. Do you agree this discussion paper explains the problems caused by building owners not having access to information about their buildings?
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Yes
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No
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Unsure
26. Do you agree with the benefits of building manuals, as identified in this paper?
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Yes
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No
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Unsure
27. Who do you believe will benefit from building manuals and to what extent?
Building owners A lot Radio button: Checked A lot | Building owners A little Radio button: Not checked A little | Building owners No change Radio button: Not checked No change |
Building/facility/strata managers A lot Radio button: Checked A lot | Building/facility/strata managers A little Radio button: Not checked A little | Building/facility/strata managers No change Radio button: Not checked No change |
Building users including tenants A lot Radio button: Checked A lot | Building users including tenants A little Radio button: Not checked A little | Building users including tenants No change Radio button: Not checked No change |
Developers A lot Radio button: Not checked A lot | Developers A little Radio button: Not checked A little | Developers No change Radio button: Checked No change |
Builders A lot Radio button: Not checked A lot | Builders A little Radio button: Not checked A little | Builders No change Radio button: Checked No change |
Sub-contractors A lot Radio button: Not checked A lot | Sub-contractors A little Radio button: Not checked A little | Sub-contractors No change Radio button: Checked No change |
Architects and building designers A lot Radio button: Not checked A lot | Architects and building designers A little Radio button: Not checked A little | Architects and building designers No change Radio button: Checked No change |
Building surveyors A lot Radio button: Checked A lot | Building surveyors A little Radio button: Not checked A little | Building surveyors No change Radio button: Not checked No change |
Government agencies e.g. fire services A lot Radio button: Not checked A lot | Government agencies e.g. fire services A little Radio button: Checked A little | Government agencies e.g. fire services No change Radio button: Not checked No change |
General public A lot Radio button: Not checked A lot | General public A little Radio button: Checked A little | General public No change Radio button: Not checked No change |
Other A lot Radio button: Checked A lot | Other A little Radio button: Not checked A little | Other No change Radio button: Not checked No change |
28. If you are aware of any extra benefits not covered in the discussion paper, please provide details.
Are there any extra benefits not covered in the discussion paper?
Consultants undertaking work or investigations of defects within buildings would find this information of extreme value in understanding the details of the building, the materials that have been used and how they have been (or should have been) put together.
Anyone engaged to undertake maintenance or modification of a building would also find this very valuable.
Anyone engaged to undertake maintenance or modification of a building would also find this very valuable.
29. Do you believe there are drawbacks to building manuals?
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Yes
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No
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Unsure
What are they and why?
Only to do with maintaining the BM and keeping it up to date.
30. Who do you believe will be negatively impacted by building manuals and to what extent?
Building owners A lot Radio button: Not checked A lot | Building owners A little Radio button: Not checked A little | Building owners No change Radio button: Checked No change |
Building/facility/strata managers A lot Radio button: Not checked A lot | Building/facility/strata managers A little Radio button: Not checked A little | Building/facility/strata managers No change Radio button: Checked No change |
Building users including tenants A lot Radio button: Not checked A lot | Building users including tenants A little Radio button: Not checked A little | Building users including tenants No change Radio button: Checked No change |
Developers A lot Radio button: Not checked A lot | Developers A little Radio button: Checked A little | Developers No change Radio button: Not checked No change |
Builders A lot Radio button: Not checked A lot | Builders A little Radio button: Checked A little | Builders No change Radio button: Not checked No change |
Sub-contractors A lot Radio button: Not checked A lot | Sub-contractors A little Radio button: Checked A little | Sub-contractors No change Radio button: Not checked No change |
Architects and building designers A lot Radio button: Not checked A lot | Architects and building designers A little Radio button: Checked A little | Architects and building designers No change Radio button: Not checked No change |
Building surveyors A lot Radio button: Not checked A lot | Building surveyors A little Radio button: Checked A little | Building surveyors No change Radio button: Not checked No change |
Government agencies e.g. fire services A lot Radio button: Not checked A lot | Government agencies e.g. fire services A little Radio button: Not checked A little | Government agencies e.g. fire services No change Radio button: Checked No change |
General public A lot Radio button: Not checked A lot | General public A little Radio button: Not checked A little | General public No change Radio button: Checked No change |
Other A lot Radio button: Not checked A lot | Other A little Radio button: Not checked A little | Other No change Radio button: Not checked No change |
31. Are there any other comments you would like to make about building manuals? Please explain.
Are there any other comments you would like to make about building manuals?
No - said enough already. Thanks for the opportunity.