New rules for construction industry in NSW Association of Consulting Structural Engineers NSW, presentation, August 2020 Carrie Metcalfe Partner • Carrie Metcalfe, Partner, MinterEllison David Chandler OAM MinterEllison Building Commissioner • [insert photo] Agenda • [insert for Carrie’s section]
Construct NSW and the Better Regulation Division David Chandler OAM, Building Commissioner August 2020
The Construct NSW Strategy • Shifting the focus from looking at the performance of individual players to the quality of the entire construction team • The key players on the team are Developers, Builders, Designers, Certifiers, Manufacturers, Suppliers and Installers. Each player must take responsibility for ensuring quality • Ultimate responsibility rests with the Developer as they are the principal, and they are selling to the customer • All players on the team must be pointing towards the same goal, trustworthy buildings • The homeowner must be at the centre as they are putting their trust in the team to deliver a safe and reliable product • The regulator will be on the building sites (fields) of the most risky teams offering the choice of lifting performance or leaving the game • Consumers, finance, insurance, contracts, etc will reinforce the value of trustworthy teams that produce trustworthy buildings 3
Risk Rating Tools (SVOB, MPRT, Intel Dashboard) Data source 10% NSW Fair Trading Inspection systems Safe Work NSW Inspection systems Cordell Single View of a A+ A B C D E Multi Party Building High Risk Rating Rating Tool Low Risk Rating (internal) External procurement (external) Regulated risk ratings based on Developer, Builder and Data source Certifier (multi-party) aggregate of individual risk ratings overlap with Cordell BRD Intelligence Data source BRD Intelligence NSW Fair Trading Incident Data source overlap system (CAS) with publicly Safe Work NSW Incident available data (internal) system Cordell, ASIC, ACNC, ATO 4
Legislative Reforms - Landscape 5
Construct NSW: Program Update ► Pillar 1: Working on the OC Audit for 1 st September 2020 ► Pillar 2: Tendering for multi-party ratings information internally and externally ► Pillar 3: Partnering with TAFE NSW to produce the Construct NSW learning management platform ► Pillar 4: Drafting a term sheet to ensure supplier contracts will face the requirements of the DBP Act ► Pillar 5: Sprint 2 of e-Planning that will support OC audits and strata bonds ► Pillar 6: Commissioning tactical research to deliver impactful change 6
What is coming on 1 st September 2020? Compliance Gates in ePlanning Portal Occupation certificates and strata plan registrations not to • Developer must upload interim As occur if: Built designs. OC Audit Failure to give notice within 6-12 months before the • Developer must upload the application for the occupation certificate was made building bond and associated Failure to give expected completion amendment notice Day 1 – Letter documents , in accordance with the inviting developer, (if original estimate expected date changed) Strata Building Bond and builder and • Developer must notify Serious defect exists – outcome of OC Audit Inspection Scheme. certifier to a expected date of intent Building bond under Strata Schemes Management Act briefing meeting to lodge occupation 2015 has not been lodged with associated documents certificate. Date should • Developer must Day 14 – Briefing including IFC and As Built designs. not be less than 6 upload Issue for meeting. Issued with Strata Portal months or greater than notification letter and Construction 12 months [RAB Act Order. designs. 2020]. Developer has 14 days to upload documents into Building Day 15 – OC ePlanning Portal. Audit commences Lifecycle Design, Planning and Design Construction Occupation / Maintenance planning, construction, occupation to maintenance Day 25 – OC ePlanning Portal Strata Management Audit Report 12 months OC Audit 7
Transition Resources Boots on the ground – not in an office Declared OC Audits As-builts Declared Designs Existing Resources 1/1/22 1/7/20 1/1/21 1/7/21 1/7/22 1/1/23 2025
Creating a digital core to transform the regulator and the industry…. More Efficient Delivery Digital Tools and Data Creating a Digital Core Customer Centric of Regulation Delivering new digital Taking advantage of Single touch point, capabilities, drive informed emerging technology Tell Us Once, privacy Move to a more proactive and decision-making and innovation / confidential impactful regulator 9
Construct NSW will help Better Regulation Division to transform into the modern regulator that it wants to be The Construct NSW BRD’s Strategic BRD's regulation of building and Transformation Program Objectives construction in 2022 A multi-disciplinary agency providing seamless Legislative reform “To deliver effective regulation regulatory services across all building and protection for NSW licensing, quality and safety issues consumers, workers and Enforcing nation-leading laws that requires all businesses” Ratings information class 2 buildings to designed, built and Improved customer experience maintained to a high standard Reduced regulatory burden Using innovative data analytics in all decision- Risk based compliance Education making to deliver programs that are risk-based, Digital on the inside high-impact and resource efficient Data driven Using best-practice operational policies and Great place to work Contracting procedures that are consistent across teams Strong finances Using directive education to embed sustained uplifts in industry capability Digital Employing a modern workforce that is 1 customer-focussed and equipped with the 0 technical skills needed to regulate the sector Research Highly respected by businesses, communities and consumers 10
‘ Our collective resolve must be to make customers feel safe to enter the market asap’ Thank you buildingcommissioner@customerservice.nsw.gov.au Direct contact: Emily Leung emily.leung@customerservice.nsw.gov.au 11
Agenda Carrie Metcalfe Partner MinterEllison Design and Building Practitioners Act 2020 ( D&BP Act ) • Registered practitioners • Regulated designs • Declaration regime (including Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 ( RAB Act )) • Professional Engineering Work • Duty of care 12
Quick guide – Practitioners and their roles Part 2 of the D&BP Act – Regulated designs and building work D& D&BPAct Part 2 --- Building Work --- Work involved in, or involved in coordinating or supervising work involved in, construction of a [Class 2] building (or alterations, additions, repairs renovations of a [Class 2] building) Regulated Designs : Building element Ce Certifier Those prepared for a building Fire safety, waterproofing, structural, building Acts in element or performance solution enclosure, mechanical, plumbing, electrical accordance with: EP&A Act • B&DC Act • Ap Applicant fo for Building P Practi titi tion oner D&BP Act Design Pr Practi titi tioner • Principal D Pr Design Occu ccupation • Is the head contractor Regulations Practi titi tion oner • • Prepares Regulated Designs Certif ific icate • Must be registered and Certifier’s • Optional on each • • Must be registered and insured • Gives notices of insured (PI only needed for project Practice Guide • Gives a De Design C Compliance intention to apply D&C) • Must be registered De Declaration for all designs for OC to builder • Must not commence work (including variations) and insured • Passes Building (including variation) until • Gives a Pr Principal Note: There are special provisions Compliance design compliance Complia liance for Engineers and Specialist Declaration to declarations received Practitioners in Part 3 Declar arat ation certifier • Gives a Build ildin ing C Compli lian ance Declar arat ation and other prescribed documents • Gives [as-builts] to Secretary Please note this diagram is intended for guidance only. You should refer to the D&BP Act for details. 13
Part 2 of the D&BP Act - Registered practitioners and what they do D& D&BPAct Design Principal Design Building Practitioners Practitioners Practitioners Prepare Coordinate Design A person who agrees under Regulated Designs Compliance Declarations contract or other arrangement to do Building Work Design Declares whether the design complies with the Building Code Given when Regulated and other requirements prescribed by Regs, and whether other Design is provided and Compliance standards/codes have been applied in preparing the design whenever varied Declaration Provides: Principal • there is a Design Compliance Declaration provided for each Regulated Design Timing is TBC in Regulations Compliance • each Design Compliance Declaration is provided by a Declaration Registered Design Practitioner Provides, among other things: Building • Building Work is compliant with Building Code Given before OC is applied Compliance • where not compliant, the steps necessary to ensure compliance for Declaration • whether the relevant compliance declarations have been obtained 14
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