BUILDING LEGISLATION CHANGES AND INTRODUCTION OF THE DOMESTIC BUILDING DISPUTES RESOLUTION VICTORIA (DBDRV)
The Victorian Government has passed the Building Legislation Amendment (Consumer Protection) Bill 2015, which became law on 19 April 2016.
The Act will be introduced on a staggered basis, with some parts commenced on 4 July 2016, and all of the amendments being implemented by no later than 1 July 2017.
Changes commencing 4 July 2016 – these changes relate to and affect land owners, builders and architects in relation to matters such as offences relating to carrying out building work without a building permit, the power of the VBA to issue directions to builders to fix work to comply with the Act or the permit or regulations, changes in relation to the way in which building surveyors operate, and giving power to the VBA to inspect owner builders works. Also, the limit for the value of work beyond which owner builders need a major domestic building contract and which determines whether a Certificate of Consent can issued has been increased from $12,000.00 to $16,000.00.
Changes commencing 1 September 2016 – the registration and disciplinary functions of the current Building Practitioners Board (BPB) will from this day be transferred to the Victoria Building Authority (VBA). The VBA will also have new disciplinary powers.
Changes which have not yet been given a date for commencement – these will include new requirements for information to be contained in domestic building contracts to be provided by builders in the way of an information statement, prohibition on builders appointing private building surveyors.
Changes to be introduced early 2017 – a new Body called the Domestic Building Disputes Resolution Victoria (DBDRV) will be introduced to provide mandatory conciliation and new arrangements for costs orders in relation to appeals. The Government hopes this will reduce the number of disputes which need to be referred to VCAT.
Changes commencing 1 July 2017 – these changes will relate to the new registration of building practitioners.
VBA will no doubt issue more details of the way in which they propose to manage these changes as they will be at the forefront of the new dispute resolution service including the appointment of inspectors to issue defect rectification orders etc. It is expected that the Building and Property List of VCAT will be the jurisdiction for appeals in relation to rectification orders, as well as continuing as the ultimate body to decide domestic building disputes in Victoria.