Discussion paper: Mandatory Inspections - A response to the Building Confidence Report

Overview

Building Ministers authorised an assessment of the effectiveness of compliance and enforcement systems for the building and construction industry across Australia. The resulting Building Confidence Report (BCR) notes that there are significant differences across jurisdictions in the number of inspections required and the notification stages. This ranges from no mandatory inspections to very few inspections for domestic buildings. For commercial buildings many jurisdictions rely on the statutory building surveyor to determine what inspections are appropriate. This makes it difficult for regulators to know what level of oversight is occurring, whether it is adequate and if National Construction Code (NCC) compliance is being achieved. Understandably, the current process doesn’t provide the public with confidence in the regulatory system or in the compliance of constructed buildings.

The BCR Implementation Team has developed a discussion paper in response to BCR Recommendation 18, which proposes 'that each jurisdiction requires mandatory on-site inspections of building work at identified notification stages'.

The discussion paper proposes a draft model process that prescribes an approach for minimum inspections proportionate to building complexity (risk) as a means of improving building outcomes through greater regulatory compliance. The risk-based approach would also determine additional inspection stages such as those relating to specific Performance Solutions or complex commercial buildings. The draft model details the proposed approach and how it is anticipated to work in practice.

Please note: The definition of building complexity has been redefined in this paper, following an extensive consultation process and supported by Building Ministers for inclusion in the NCC 2022 Public Comment Draft.

The discussion paper can be downloaded below.

Why your views matter

The BCR Implementation Team has developed a discussion paper for mandatory inspections. This discussion paper covers:

• the process for conducting minimum mandatory inspections;
• scope of minimum mandatory inspections including notification stages (timing), frequency and extent (percentage) of inspections;
• roles and responsibilities of the statutory building surveyor and the designer in the process; and
• documentation for inspections.

Feedback on draft model will improve the rigour of the work by capturing the views of regulators, industry and the public, and will test measures developed to help increase compliance with the NCC, state and territory legislation and NCC referenced documents.

Providing comment

Comments on the discussion paper are open until 11:59PM AEDT Sunday 28 February 2021. Only comments submitted using the online form will be considered.

A preview of the consultation form is provided below.

What happens next

The BCR Implementation Team will consider the responses received from stakeholders. These responses will help refine and enhance the draft model. Once the draft model is finalised, it will be presented to the Board of the ABCB for its review and then to Building Ministers for consideration.