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Industry alert: Minister's Guideline MG-13 updated

An update to Minister's Guideline 13 (MG-13) Exercise of Discretion When Applying a New Building Regulation or an Amendment to a Building Regulation has been issued.

The purpose of MG-13 is to provide guidance to the relevant building surveyor in the application of section 10(2) of the Building Act 1993. MG-13 also provides direction on the supporting documentation that should be sought from the owner of the building or land concerned to support the use of section 10(2).

Section 10(2) relates to the application of a building regulation or an amendment to a building regulation where substantial progress on the design of the building was made prior to the commencement of a new regulation or an amendment to an existing regulation.

At the request of the Minister for Planning, the Department of Transport and Planning (DTP) undertook consultation with industry on MG-13 and other matters to help support industry with the adoption of NCC 2022.

Following industry feedback, changes were made to MG-13, to expand on the existing guidance information. The changes include requirements for approval from the homeowner, how section 10 is applied in circumstances where the nominated builder is replaced and greater clarity on the application of section 10 in common development scenarios.

View the Minister's Guideline 13 (PDF, 198.95 KB).