New Tasmanian Building Legislation Commences: Red Tape Reduction for Builders and Renovators?

Wednesday 4 January 2017 @ 9.47 a.m. | Torts, Damages & Civil Liability | Trade & Commerce

In March 2016 the Tasmanian Parliament introduced a legislation package designed to reform the state's building laws and  regulations, see New Building Bills Introduced into Parliament in Tasmania . That package of legislation has now commenced on 1 January 2017. 

What was in the Package

The three then Bills making up the package were stated to have the purpose of modernising the functions of various state government bodies and regulating the construction, maintenance and demolition of buildings and other building and plumbing matters. The package of legislation was going to  affect these changes, according to the state government, in the building and construction industry; the training industry; and other associated industries. 

The three Bills eventually became the following enactments:

  • Building Act 2016 (25 of 2016) [TAS](the Building Act) assented; 23 September 2016, commencing 1 January 2017;
  • Building (Consequential Amendments) Act 2016 (12 of 2016) [TAS] also assented 23 September 2016 and also commencing 1 January 2017 (although section 7 and part of Schedule 2 remain to be proclaimed);
  • Building and Construction Industry Training Fund Amendment Act 2016 (31 of 2016) [TAS] assented 7 October 2016, also commencing 1 January 2017.

The Building Act

The key piece of legislation is the Building Act which will reduce the amount of "red tape" required for smaller building projects such as home improvements in Tasmania, allowing the construction of structures like sheds and carports ". . . without going through a formal permit process". Additionally, bathroom renovations done with a registered plumber and builder will also be able to bypass planning permits.

New home construction, according to the ABC News, will also require ". . . less planning rigmarole, with a building surveyor able to sign off on plans".

Other areas affected by the new legislation include:

  • the accreditation of building practitioners moved to the Occupational Licensing Act 2005 [TAS];
  • building, plumbing and demolition approvals are to be based on risk, that is a distinction being made between "low risk" and "high risk" work to determine if permits are required;
  • greater clarity of the role and functions of building surveyors and strengthened immunity from litigation when performing statutory role;
  • owner builders are limited to two projects in a 10 year period, residential only;
  • clearer process for granting occupancy permits and improved process for granting temporary occupancy permits;
  • clarification of responsibilities for performance of maintenance of essential building services with the Building Levy replaced by Building Administration Fee of the same quantum, but now payable on building and plumbing work over $20,000 instead of $12,000;
  • a greater emphasis on the rectification of defective work and responsibility for higher standards by responsible builders or plumbers; and 
  • additional requirements for building in hazardous areas to be provided through building regulations.

Associated Legislation also Commencing

Also commencing on 1 January 2017 are:

- The Building (Consequential Amendments) Act 2016 which is cognate with the Building Act which alters references to the Building Act 2000 and its regulations referred to in many pieces of Tasmanian legislation to update these Acts to refer to the new  Building Act and new regulations made under it.

- The Building and Construction Industry Training Fund Amendment Act 2016 which is designed to modernise the functions of the Tasmanian Building and Construction Industry Training Board in line with a contemporary Tasmanian Training and Workforce Development System.

Reaction to the Changes

The ABC News reports the comments of Master Builders Association Tasmania director Michael Kerschbaum, who is quoted as saying ". . . the changes would save Tasmanians money" and that:

"For the average Tasmanian it means that most of your approvals should be a bit easier, they should be a bit cheaper and a bit faster, . . .  Things such as minor structures now have the ability to be built by a builder without any sort of approval, and that will save a lot of money and a lot of time for people looking to get garages and sheds built. . . .  If you're building a house in a standard residential zone you'll be able to effectively bypass the full permit process and just go to a building surveyor, and once they've signed off, you're ready to start - normally, there's another process."

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Building Act 2016 (25 of 2016) [TAS]; Building (Consequential Amendments) Act 2016 (12 of 2016) [TAS]; Building and Construction Industry Training Fund Amendment Act 2016 (31 of 2016) [TAS] and supporting material as reported in the TimeBase LawOne Service.

New Tasmanian construction laws cut red tape to help builders, home renovators (ABC News)

Related Articles: