Terminology and acronyms
10. Do you agree with the terminology proposed for ‘building approval process’ ‘certificate of compliance’, ‘certify or certifying’ and ’private building surveyor’?
| Terminology proposed for 'building approval process' Yes Radio button: Checked Yes | Terminology proposed for 'building approval process' No Radio button: Not checked No | Terminology proposed for 'building approval process' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'certificate of compliance' Yes Radio button: Checked Yes | Terminology proposed for 'certificate of compliance' No Radio button: Not checked No | Terminology proposed for 'certificate of compliance' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'certify' or 'certifying' Yes Radio button: Checked Yes | Terminology proposed for 'certify' or 'certifying' No Radio button: Not checked No | Terminology proposed for 'certify' or 'certifying' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'private building surveyor' Yes Radio button: Not checked Yes | Terminology proposed for 'private building surveyor' No Radio button: Checked No | Terminology proposed for 'private building surveyor' Unsure Radio button: Not checked Unsure |
If you answered 'no' or 'unsure' to any of the above, please explain your answer.
The term 'Private Building Surveyor' has some ambiguity with the more widely known term 'Surveyor'; overseas there are various other terms such as 'Building Code Official' in the USA, that are more clear titles.
11. Do you have any comments on other defined terms and their use in the context of this discussion paper?
Please select one item
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Unticked
Yes
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Ticked
No
Application of recommendations 9 and 11 to private building surveyors
12. Should specific principles of recommendations 9 and 11 apply to council employed building surveyors?
Please select one item
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Ticked
Yes
Radio button:
Unticked
No
If you answered 'yes', please outline which parts of recommendation 9 and 11 should apply and to what extent
Yes, insofar as conflicts of interest; However our chief concern is that building surveyor who are incompetent or incapable of completing their work in a timely manner may be further enabled by some of the options to mandate their engagement with new clients on each project. At the present, we can avoid using PBS that do not complete their work and unreasonably delay projects; taking power of appointment and termination away from the owner/agent is immensely problematic.
Principle 1: Appointment by the owner or agent
13. Do you agree with the recommended option for Principle 1?
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(Required)
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Yes
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Unticked
No
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Unticked
Unsure
14. Should legislation expressly provide for the appointment of an agent?
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Ticked
Yes
Radio button:
Unticked
No
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Unticked
Unsure
15. Should the requirement for who can appoint the building surveyor vary based on building type, complexity or procurement arrangement?
| Requirement should vary based on building type Yes Radio button: Checked Yes | Requirement should vary based on building type No Radio button: Not checked No | Requirement should vary based on building type Unsure Radio button: Not checked Unsure |
| Requirement should vary based on building complexity Yes Radio button: Checked Yes | Requirement should vary based on building complexity No Radio button: Not checked No | Requirement should vary based on building complexity Unsure Radio button: Not checked Unsure |
| Requirement should vary based on procurement arrangement Yes Radio button: Checked Yes | Requirement should vary based on procurement arrangement No Radio button: Not checked No | Requirement should vary based on procurement arrangement Unsure Radio button: Not checked Unsure |
Principle 2: Appointment to be documented
16. Should the model guidance include a requirement for owners to pay private building surveyors up front for their services?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Payment upfront creates unnecessary risk to the owner/project, that a PBS can take on more projects than they are capable of effectively managing. and enable lengthy delays to the project without penalty. Paying fees at the completion of the permit process is a small but useful tool to encourage PBS to complete their work in a timely manner, with respect to other parties.
17. Do you have any other comments in relation to the fees charged by building surveyors for their services and whether this should be regulated?
Additional comments.
No
18. Do you agree with the recommended option for Principle 2?
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(Required)
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Unticked
Yes
Radio button:
Unticked
No
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Ticked
Unsure
If you answered 'no' or 'unsure', please explain your answer.
This appears to give a timeframe for starting, but not a deadline/completion date. While this might be a negotiated timeframe depending on project complexity, it should be considered as part of that principle.
19. If notification of appointment is to occur after a specified time, what should that timeframe be?
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Ticked
5 days
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Unticked
10 days
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Unticked
other
20. When should the timeframe be calculated from?
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Ticked
From signing an agreement to provide services
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Unticked
From receipt of an application for building approval
Radio button:
Unticked
From another point in the process
If you answered 'from another point in the process', please elaborate.
As noted above, there should be a beginning and end to the timeframe.
21. For Option 2, should a national agreement be developed or an agreement developed by each jurisdiction?
Please select one item
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Ticked
National agreement
Radio button:
Unticked
Agreement developed by each jurisdiction
Please explain your answer.
Consistency
22. For Option 2, should there be more than one version of the prescribed agreement developed to cater for different types of projects?
Please select one item
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Depending on the complexity of the project and number of consultants or external authorities required to submit materials.
Principle 3: Controls on termination of appointment
23. Do you agree with the recommended option for Principle 3?
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(Required)
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Ticked
Yes
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Unticked
No
Radio button:
Unticked
Unsure
24. If transfers of functions can occur by consent, could the building surveyor find themselves under pressure from the builder or developer to consent to the transfer?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
25. Should it be an offence for an owner to appoint multiple building surveyors for one project?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Complex / multi-stage projects may be better served by more than one building surveyor
26. Are there other matters relating to the appointment or termination of appointment of the private building surveyor that should be included in the model guidance? This question relates to all options and discussion on the appointment of the private building surveyor.
| Other matters relating to the appointment of the private building surveyor Yes Radio button: Not checked Yes | Other matters relating to the appointment of the private building surveyor No Radio button: Checked No |
| Other matters relating to the termination of appointment of the private building surveyor Yes Radio button: Not checked Yes | Other matters relating to the termination of appointment of the private building surveyor No Radio button: Checked No |
Principle 4: Conflict of interest controls
27. The matters below were not recommended in the BCR. Should either of these matters be included in the model guidance?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Accepting inducements or benefits, or prohibiting them from providing false information is a clearly a moral breach -- does it need to be spelled out ?
28. Should the model guidance include conflict of interest controls for persons providing certificates of compliance to the private building surveyor?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
29. Do you agree with the recommended option for Principle 4 ‘Preparation of design’?
Please select one item
(Required)
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
If you answered 'no' or 'unsure', please explain your answer.
Assisting designers should be facilitated, it seems to be an antiquated restriction, as there are many times when the PBS can be utilised as a leading advisor to help the project, with their expertise, especially on the now very complex Performance Solutions and DTS compliant products.
30. For Option 1 of Principle 4 'Preparation of design', are there aspects of sub-paragraphs a to d that should be changed or removed from the definition of ‘participate in design work’?
Please select one item
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
As above, NSW appears to be the only state with a sensible approach
31. For Option 2 of Principle 4 ‘Preparation of design’, what would be a suitable ‘prescribed period’?
Please explain your answer
12 months would be reasonable, given that it takes that long to get from schematic to completion on many projects.
32. Would Option 2 of Principle 4 ‘Preparation of design’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
Please select one item
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Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
33. Would Option 2 of Principle 4 ‘Preparation of design’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
Please select one item
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Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
34. Should the requirement from the NSW scheme outlined below, or a version of it, be included in the definition of ‘participate in design work’?
Please select one item
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Unticked
Yes
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Unticked
No
Radio button:
Ticked
Unsure
35. Should the requirement from the ACT scheme outlined below, or a version of it, be included in the definition of ‘participate in design work’?
Please select one item
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Unticked
Yes
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Unticked
No
Radio button:
Ticked
Unsure
36. Do you agree with the recommended option for Principle 4 ‘Pecuniary interest’?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
37. For Option 1 of Principle 4 ‘Pecuniary interest’, are there aspects of sub-paragraphs a to c that should be changed or removed?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
38. Would Option 1 or Option 2 of Principle 4 ‘Pecuniary interest’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
| Option 1 would create practical problems in rural areas Yes Radio button: Checked Yes | Option 1 would create practical problems in rural areas No Radio button: Not checked No | Option 1 would create practical problems in rural areas Unsure Radio button: Not checked Unsure |
| Option 1 would create practical problems in smaller jurisidictions Yes Radio button: Checked Yes | Option 1 would create practical problems in smaller jurisidictions No Radio button: Not checked No | Option 1 would create practical problems in smaller jurisidictions Unsure Radio button: Not checked Unsure |
| Option 2 would create practical problems in rural areas Yes Radio button: Checked Yes | Option 2 would create practical problems in rural areas No Radio button: Not checked No | Option 2 would create practical problems in rural areas Unsure Radio button: Not checked Unsure |
| Option 2 would create practical problems in smaller jurisidictions Yes Radio button: Checked Yes | Option 2 would create practical problems in smaller jurisidictions No Radio button: Not checked No | Option 2 would create practical problems in smaller jurisidictions Unsure Radio button: Not checked Unsure |
39. Would Option 1 or Option 2 of Principle 4 ‘Pecuniary interest’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
| Option 1 would have a significant impact on project costs in smaller jurisdictions Yes Radio button: Checked Yes | Option 1 would have a significant impact on project costs in smaller jurisdictions No Radio button: Not checked No | Option 1 would have a significant impact on project costs in smaller jurisdictions Unsure Radio button: Not checked Unsure |
| Option 1 would have a significant impact on project costs in rural areas Yes Radio button: Checked Yes | Option 1 would have a significant impact on project costs in rural areas No Radio button: Not checked No | Option 1 would have a significant impact on project costs in rural areas Unsure Radio button: Not checked Unsure |
| Option 1 would have a significant impact on project timing in smaller jurisdictions Yes Radio button: Checked Yes | Option 1 would have a significant impact on project timing in smaller jurisdictions No Radio button: Not checked No | Option 1 would have a significant impact on project timing in smaller jurisdictions Unsure Radio button: Not checked Unsure |
| Option 1 would have a significant impact on project timing in rural areas Yes Radio button: Checked Yes | Option 1 would have a significant impact on project timing in rural areas No Radio button: Not checked No | Option 1 would have a significant impact on project timing in rural areas Unsure Radio button: Not checked Unsure |
| Option 2 would have a significant impact on project costs in smaller jurisdictions Yes Radio button: Checked Yes | Option 2 would have a significant impact on project costs in smaller jurisdictions No Radio button: Not checked No | Option 2 would have a significant impact on project costs in smaller jurisdictions Unsure Radio button: Not checked Unsure |
| Option 2 would have a significant impact on project costs in rural areas Yes Radio button: Checked Yes | Option 2 would have a significant impact on project costs in rural areas No Radio button: Not checked No | Option 2 would have a significant impact on project costs in rural areas Unsure Radio button: Not checked Unsure |
| Option 2 would have a significant impact on project timing in smaller jurisdictions Yes Radio button: Checked Yes | Option 2 would have a significant impact on project timing in smaller jurisdictions No Radio button: Not checked No | Option 2 would have a significant impact on project timing in smaller jurisdictions Unsure Radio button: Not checked Unsure |
| Option 2 would have a significant impact on project timing in rural areas Yes Radio button: Checked Yes | Option 2 would have a significant impact on project timing in rural areas No Radio button: Not checked No | Option 2 would have a significant impact on project timing in rural areas Unsure Radio button: Not checked Unsure |
40. Does the term ‘pecuniary interest’ need to be defined?
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Unticked
Yes
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Ticked
No
Radio button:
Unticked
Unsure
41. Are there aspects of sub-paragraphs a to f that should be changed or removed from the definition of ‘related person’?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
42. Would Option 1 of Principle 4 ‘Related persons’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
43. Would Option 1 of Principle 4 ‘Related persons’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
44. Should the model guidance also suggest the above conflict of interest controls be offences?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
46. Are there other options or matters that should be considered in relation to conflicts of interest?
Please select one item
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Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Principle 5: Accepting certificates of compliance from others
47. Are there any other key matters for checking or other issues to consider in developing the model guidance relating to the reliance on certificates of compliance by building surveyors?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
48. Do you agree with the recommended option for Principle 5?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
49. For Option 2, do guidelines need to be prepared for how to meet the 'good faith' test?
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Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
50. For Option 2, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
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Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
51. Are there other options or matters that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Principle 6: Provision of information to the owner, builder or applicant
52. Do you agree with the recommended option for Principle 6 'Types of information to be given', being required to be provided by the building surveyor?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
53. For the 'approved information sheet' in clause a of Option 1 of Principle 6 'Types of information to be given', should a national model be developed, or should each jurisdiction prepare their own versions?
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Ticked
National model
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Unticked
Each jurisdiction prepares its own version
54. Do you agree with the recommended Option for Principle 6 'who should the information be given to?'
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(Required)
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Ticked
Yes
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Unticked
No
Radio button:
Unticked
Unsure
56. Are there other options that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 7: Rights of appeal against the building surveyor
57. Do you agree with the recommended option for Principle 7?
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(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
59. Are there any other options or matters that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 8: Enhanced supervisory powers
60. Do you agree with the recommended option for Principle 8?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
61. Should the type of enforcement powers a private building surveyor has vary depending on the specifics of the building (building class, number of storeys or complexity)?
| Vary based on building class (Class 1, Class 2 etc.) Yes Radio button: Checked Yes | Vary based on building class (Class 1, Class 2 etc.) No Radio button: Not checked No | Vary based on building class (Class 1, Class 2 etc.) Unsure Radio button: Not checked Unsure |
| Vary based on number of building storeys Yes Radio button: Checked Yes | Vary based on number of building storeys No Radio button: Not checked No | Vary based on number of building storeys Unsure Radio button: Not checked Unsure |
| Vary based on building complexity Yes Radio button: Checked Yes | Vary based on building complexity No Radio button: Not checked No | Vary based on building complexity Unsure Radio button: Not checked Unsure |
62. Are there other options or matters that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 9: Mandatory reporting obligations
63. Do you agree with the recommended option for Principle 9?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
64. For Option 1 of Principle 9, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
Please select one item
Radio button:
Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
65. For Option 2 of Principle 9, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
Please select one item
Radio button:
Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
67. For Option 3 of Principle 9, would a new industry body need to be established?
Please select one item
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Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
68. For Option 3 of Principle 9, should the scheme operate nationally or would there need to be a scheme in each jurisdiction?
Please select one item
Radio button:
Ticked
Scheme operate nationally
Radio button:
Unticked
Scheme operate in each jurisdiction
Principle 10: Co-regulatory support
69. Do you agree with the recommended option for Principle 10?
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(Required)
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Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure