ADVOCACY CONTINUES: A MESSAGE FROM THE VICTORIAN PRESIDENT
Last Monday the Institute issued a media release supporting the Government initiative to improve protection to consumers of building projects and specifically the construction of single and multiple residential homes. Refer to LINK TO MEDIA RELEASE The legislation, which finally was passed through the Upper House late Thursday evening after a long debate, is called the Building Legislation Amendment (Buyer Protections) Bill 2025 https://www.legislation.vic.gov.au/bills/building-legislation-amendment-buyer-protections-bill-2025
For some time, the Victorian Chapter has advocated to State Government politicians and officials the advantages of architect administered construction contracts where, amongst many other benefits, architects provide superintendency services and where there is contractual security to ensure incomplete and defective construction works are addressed. In particular the government has listened to the notion of project security, and introduced developer bonds to be in the order of 2% of the contract sum which are held for a couple of years after practical completion to ensure satisfactory built outcomes for owners and tenants. The Government has also strengthened inspection powers and brought the administration of the Domestic Buildings Contracts Act as well as co-located the Victorian Managed Insurance Authority (VMIA) and the Domestic Building Dispute Resolution Authority (DBDRV) under the auspices of the Victorian Building Authority. All in all, sensible strategies to improve the administration of the Victorian construction industry with a particular focus on improving the residential market. Now the Department of Transport and Planning (DTP) will develop regulations to provide for the enactment of this legislation.
The State Government is also working on other reforms to improve the delivery of new apartment buildings and other residential buildings during their construction and to facilitate subsequent maintenance. Refer link https://engage.vic.gov.au/new-building-regulations-for-apartments. Specifically, the intent is to:
- Require the provision of a building manual ‘which collates key information and documentation on the design, construction and maintenance of buildings.
- Introduce a further two additional building inspections ‘with a focus on the building frame prior to internal plastering or lining and on waterproofing’.
The Government requested submissions through its Regulatory Impact Statement (RIS) platform which assesses options and pathways to implement these changes. The Victorian Chapter, led by our Housing Committee, considered these proposed changes and has made a submission to Government. Refer to LINK TO LETTER
As many of you would be aware, the Architects Regulations 2015 had a fixed life, sunsetting on 28 April 2025, ten years after its making. The Chapter had a number of conversations with Ministers asking how the Government intended to address the expiry – redraft or extend. Before the regulations expired, the Premier and the Minister of Building agreed to extend the regulations for 12 months, effective15 April 2025.
DTP are now progressing the rewriting of the Regulations to be promulgated and gazetted later this year. In particular the changes to the ARBV and the appointment of its members makes this rewriting necessary. The regulations also address classes of architect’s regulations, qualifications, registration processes, the Code of Professional Conduct, amongst other areas. DTP has asked for comments on how the Regulations can be improved in their redrafting. It is important to understand this feedback is required over the next couple of weeks, prior to DTP drafting the regulations. Chapter Council will be reviewing and discussing the regulations tomorrow. Should you have comments, please forward these via your Chapter Councillors or Victorian Executive Director, Daniel Moore as a matter of urgency so they can be reviewed before the Chapter makes its submission.
As foreshadowed in my previous message, I, together with our ED Daniel Moore, member Harry Nicholas and ACA President Paul Viney, met with Ben Skok, Director of Infrastructure Delivery Group, Infrastructure Division at the Department of Treasury and Finance who has taken charge of managing the Victorian Public Sector Consultancy Agreement. It was pleasing to hear since our previous meeting, DTF, has appointed lawyers to draft the new Consultancy Agreements. DTF were pleased to meet and hear our industry-based feedback on the most egregious clauses and promised to meet as the contract is being drafted to provide for further reviews and commentaries. This is another area where the Institute needs to continue to be closely engaged with Government to encourage good quality outcomes that are to the benefit of the community, government and the profession.
Immediately subsequent to the DTF meeting I, together with Chapter Councillor Sarah Buckeridge and our ED Daniel Moore, met with the Planning Minister, the Hon. Sonya Kilkenny. Minister Kilkenny’s role has changed since our last meeting as she has taken up the role of Attorney General and released the building role to Minister Shing. Our discussion focussed on the changes to planning regulations, the development of activity centres and heritage regulations. The meeting was a continuation of a great relationship that has developed over the last few years, and I feel sure these Ministerial conversations are a positive contribution to the Government’s development of policy.
Finally, I wanted to mention that this Thursday, the Victorian Chapter, led by our Sustainability Committee is hosting a half-day symposium on the topic of the Circular Economy. A foundational topic in our quest to improve environmentally sustainable design, and one that has not benefitted from as much airplay as other aspects of sustainability. It will no doubt be an enlightening few hours and an event not to be missed. Please refer to the website for further details
David Wagner FRAIA
President of Victorian Chapter
National President Elect