Renaming of registration categories
The titles of two building practitioner categories have been updated from “draftsperson” to “building designer” and from “person responsible for a building project” to “project manager”. This modification aligns with the Building Legislation Amendment Act 2023 (BLAA)and standardises titles across jurisdictions, facilitating mutual recognition and the mobility of practitioners. The renaming applies to the category only and class remains the same.
Broadening of offences for performing prescribed work unregistered
The BLAA has expanded the scope of offences to restrict unregistered building practitioners undertake work that is prescribed by the regulations for a specific category or class. These now include registered architects, or partners, companies and persons working under the supervision of a registered architect, providing architectural services. It also includes building engineers providing professional engineering services.
This offence does not apply to builders (existing offence under section 169EA specific for builders continues to apply) or practitioners included in 169D(2).
Impact on regulatory compliance
The broadening of offence provisions ensures that only qualified and registered practitioners undertake specified work once prescribed in the regulations, which will address the need for a generalised offence provision against unauthorised practice in all categories of building work.
This offence does not have effect unless the Building Regulations 2018 prescribe the work for a specific category or class. The only building practitioner categories that currently prescribe work for the purpose of the new broader offence are those of building surveyor and building inspector.
Removal and restructuring of existing offence provisions
The broadening of the offence (169D) and prescription of work for building surveyors and building inspectors in the regulations make previous offences specific to those categories redundant. As a result, specific offence provisions for building surveyors and inspectors have been removed from the Act.
Regulatory clarity and enforcement
These amendments aim to clarify the regulatory framework, making it simpler for practitioners to understand their obligations and for regulators to enforce compliance. Clear definitions of work requiring registration will enhance industry professionalism, safety and quality assurance.
Future regulations
Further regulations may be developed to prescribe work for other building practitioner categories or classes.
Conclusion
The inclusion of Section 169D, removal of previous offences specific to building surveyors and building inspectors, and associated amendments to regulations provide a consistent framework that will improve regulatory consistency, compliance and professional standards within the Victorian building industry into the future, but do not have a practical impact or change the obligations or liabilities of existing building practitioners at this time.
Note: This article is intended for informational purposes only and should not be construed as legal advice. Stakeholders are encouraged to consult with legal professionals for specific advice and interpretations.
