Cladding taskforce urges random building site inspections, “duty of care” for construction industry

The taskforce set up to investigate the cladding crisis is demanding the state’s building authority be given tough new powers to carry out random checks of worksites to weed out dodgy operators.

Building inspectors are set to blitz construction sites with surprise inspections as part of a renewed effort to weed out dodgy operators in the wake of the cladding crisis.

About 80 rogue builders have been prosecuted over the last two years but the state’s cladding taskforce wants the Victorian Building Authority to be given tough new powers to carry out random checks of worksites.

The building industry is also facing sweeping new “duty of care” laws to allow authorities to proactively demand safety improvements to projects — instead of only stepping in after wrongdoing has been exposed.

Planning Minister Richard Wynne, cladding taskforce leaders John Thwaites and Ted Baillieu, and Premier Daniel Andrews. Picture: David Crosling (AAP)

The statutory duty would be similar to workplace safety laws, covering any gaps in the building code to force builders, architects, surveyors, designers and all others involved in construction projects to ensure the safety of residents and owners.

The state government is now investigating the major overhaul — proposed by the cladding taskforce led by Ted Baillieu and John Thwaites — which would be backed by the threat of prohibition notices, heavy fines and even jail time.

“A general duty is flexible, enduring and able to apply to new hazards that emerge in the future,” the taskforce’s report said.

“Importantly, it is able to fill any safety gaps where no specific requirement exists in current legislation.”

As part of a string of recommendations to clean up the building industry, the taskforce also called on the government to close a loophole which means the VBA can only compel builders to fix defective works before a final inspection certificate or occupancy permit is issued.

Opposition planning spokesman Tim Smith said a parliamentary inquiry was now needed into the “total failure in regulating the building industry” by the government and the VBA.

Craig Fitch and daughter Charli live in a building with flammable cladding. Picture: Jason Edwards

The government announced a $600 million rescue package this week to remove dangerous flammable cladding from hundreds of buildings.

Mr Smith said that amount would likely represent “the tip of the iceberg”, but Treasurer Tim Pallas said $600 million was the “best assessment at the moment”.

It comes as real estate experts warn the city’s rental home supply could be overwhelmed if hundreds of residents were forced to move out while cladding was removed from their buildings.

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Figures from realestate.com.au show there just 852 furnished apartments for rent across the city — and not all of them will accept leases under 12 months.

“Some of these towers are massive, there are thousands of apartments that will be affected potentially,” chief economist Nerida Conisbee said.

“We aren’t just talking three-storey walk ups, some of these are 30 or 40 storey buildings ... There might not be that much short-term stay accommodation. I do think there would be capacity issues.”

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