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Key provisions relating to the Building Legislation Amendment Bill 2023

The Building Legislation Amendment Bill 2023 (the Bill) was recently passed in the Victorian Parliament and implements a number of reforms that will reshape the regulatory landscape in Victoria, with a key focus on consumer protection.

The Bill, led by the Department of Transport and Planning and the Victorian Government, is an outcome of a three-year process to identify and remedy issues relating to building regulation, and implements numerous reforms, including several arising from the recent stage 1 report delivered by the Expert Panel.

The Bill creates a number of provisions, which have not yet taken effect.

The VBA is working with the Victorian Government on the detail of the provisions and we will communicate with practitioners close to the commencement dates.

The Bill creates the following provisions:

  • Creation of the statutory State Building Surveyor (SBS)
    • This reform recognises the SBS in legislation with statutory objectives and functions.
    • The SBS will be the Government’s primary source of technical expertise and guidance for the building and plumbing industries.
    • The role will also be empowered to issue determinations, as needed, providing technical interpretations of building and plumbing standards and requirements.
  • Establishes a Building Monitor
    • The Bill introduces a Building Monitor to represent and advocate for consumers at a systemic level.
    • The VBA will have a statutory role to support the Building Monitor in their role, and we expect to do this primarily through the provision of information and data.
    • The Building Monitor will make recommendations for improvements to the regulation of the industry and the VBA expects to work collaboratively with that office in identify and implementing such reforms.
  • Enhances the building approvals process by introducing further safeguards to better inform consumers, in particular the creation of a building manual
    • The Bill introduces a requirement that a draft building manual be prepared by the applicant for an occupancy permit and provided to the relevant building surveyor for approval.
    • Building manuals are intended to be a single repository of all relevant information relating to the design, construction and ongoing maintenance of a building and will be of great benefit to industry and consumers.
  • Expands the categories of building practitioner that will be required to be registered
    • The Bill introduces two new registration classes: Site Supervisor and Building Consultant and changes the name of two existing classes to Project Manager and Building Designer.
    • This will expand the building practitioner registration system to achieve greater national consistency and improve compliance with national building standards, while facilitating national labour mobility.
    • The VBA will work with industry to ensure the relevant practitioners and impacted companies are familiar with any new registration requirements and their obligations. Concurrently, the VBA will ensure consumers are aware of these changes and their impacts.

The VBA is committed to the successful implementation of these provisions and work is underway to plan how these provisions will be adopted. The VBA looks forward to updating you on the progress of this work and is committed to safeguarding Victoria’s future.