Tough new laws revealed to stop repeat of Opal tower disaster

A “Building Commissioner” will be appointed to approve design plans of new multistorey apartment tower blocks, with each stage of construction then inspected under one of the biggest overhauls of the building sector in NSW following the Opal Tower scandal.

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A “Building Commissioner” will be appointed to approve design plans of new multistorey apartment tower blocks, with each stage of construction then inspected under one of the biggest overhauls of the building sector in NSW.

Every person in the construction chain, from the draft person and engineer to the builder, will also be required to be registered before working on a commercial or residential high-rise under the proposed shake-up.

At the same time, building improvisation — alterations made during construction — will be banned, with any structural changes to be recorded via an amended plan to the commissioner, as the NSW government moves to regain public trust in the industry following the Opal Tower scandal.

Structural damage of the Opal Tower has led to an overhaul of the construction industry. Picture: John Appleyard

The new laws, unveiled at a building ministers’ forum held in Hobart on Friday, follow the release last year of the damning Shergold Weir report, which warned of “significant” and “concerning” problems in the building industry, including poor design documentation, “weak” oversight and improvisation by builders who were often left to their own devices.

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Commissioned by the forum, the report declared the compliance and enforcement systems needed to be changed “as a matter of priority” after declaring them “inadequate”.

State Better Regulation Minister Matt Kean, who spoke at the forum, is understood to have told the meeting that noncompliance during the building of the Opal tower was to apparently blame for its structural defects.

For the industry to have a strong future, Governments needed to “restore trust and integrity” in the sector to ensure the dream of many to own their own home would not turn into “a nightmare”.

Better Regulation Minister Matt Kean.

Peter Shergold and Bronwyn Weir released a report last year warning of “significant” and “concerning” problems in the building industry.

Construction and infrastructure general manager for employers’ body the Australian Industry Group, Lindsay Le Compte, who was also at the forum, conceded the changes might increase “good” red-tape and costs, but that it would restore confidence in the sector.

“While we are yet to see the detail, what the Government is proposing with regard to regulation and oversight sends a strong message that everybody involved that they will be held accountable for their responsibility,” he said.

Multistorey sites such as the Rhodes Central development on Walker St will be under greater scrutiny with the new changes. Picture: Toby Zerna

“The engineer, for example, should be coming back before the concrete is poured to ensure their component has been carried out so that it complies. The certifier should be on site to check each stage against the plans. Each person will have legal responsibility for their part. The changes will place significant onus for people to do their job properly.”

The NSW Government is expected to adopt almost all the 24 recommendations in the report, which is aimed only at large multistorey high-rise buildings, with the remainder relating to training requirements to undergo further consideration.

Other changes include requiring designers to declare that they have designed a building which complies with the Building Code of Australia — a move that will make it easier for owners to seek legal redress in the event of a breach.

Every person in the construction chain will be required to be registered before working on a high-rise under the changes. Picture: Toby Zerna

The Building Commissioner’s officer will also have powers to send out its inspectors to conduct random compliance audits.

Legislation will be clarified to remove any doubt that building practitioners owe a common law duty of care to homeowners and owners’ corporations.

The Australian Institute of Building Surveyors conceded the changes were likely to have “a big impact” on the future direction of building surveying.

The Fire Protection Association Australia warned the recommendations would only be successful should they be implemented in a “nationally consistence approach” or further add the confusion that existed across States and territories.