16 May 2023
 
Please note link to a new guide issued by Fair Trading NSW. This is noted by AIBS to raise two points of relevance to the practice of building surveying in NSW.

Firstly, the Design and Building Practitioners Act (DBP Act) and Regulation process it describes does not link nicely with the Environmental Planning & Assessment Act and Regulation requirements (EP&A Act and Regulation) for approval for emergency work or exemptions thereof.

Second, there is an absence of commentary in the guidance about how to coordinate with the building surveyor where EP&A Act and Regulation requirements must also be met. AIBS notes that this could reinforce the emergence of a big picture view about what the DBP Act requirements at Section 29 (1) mean for the role of the building surveyor in the process of design and construction compliance verification.

AIBS has raised its objection to the operation of Section 29 of the DBP Act and will continue to monitor for any attempt to circumvent the scrutiny of diligent building surveying assessment.

Meanwhile, please keep up the good work and let us know if you observe any issues related to operation of the new guideline.