The Victorian construction sector has recently faced significant controversies involving residential apartment defects and combustible cladding, causing detrimental impacts on consumers, the building sector, and the Victorian Government.

In response, the Government has established a comprehensive review of its building regulations with the aim of delivering reforms. These reforms aim to protect consumers and improve the building industry’s standards overall.

The Victorian Government has recently introduced the Victorian Building Legislation Amendment Bill 2023 (Bill) which provides for amendments to be made to the Building Act 1993 and the Architects Act 1991 including amendments to various other associated laws.

At this stage, the changes contemplated by the Bill are proposed to take effect (if not prior) by 1 February 2024.

What you need to know about the Bill

The Bill seeks to:

  • Improve the oversight of building construction – this will be done by appointing a State Building Surveyor to be the primary source of technical expertise on the standards for building works.
  • Increase the accountability for all construction industry participants - through education and establishing registration requirements for building and design consultants.
  • Improve consumer confidence - by establishing a Building Monitor which requires builders to provide more information about their work.

Further changes to the Bill

Other aspects of the Bill call for a Council Building Surveyor to undertake the final inspection process before an Occupation Certificate is granted for some classes of building.

Developers will be required to provide Owners and Owner Corporations with an Approved Building Manual on completion of the building works to contain design and construction information to assist with maintenance requirements and the running of a building.

Summary

These legislative amendments are anticipated to increase consumer confidence by promoting greater safeguards and quality requirements for building works. They will also aim to hold building practitioners including designers, engineers and other key stakeholders in the building and construction sector accountable for enhanced building systems overall.

Construction industry participants will need to ensure that their contracts and processes are set up to ensure compliance with the requirements contemplated by the Bill.