In the ever-evolving landscape of architectural design and construction, staying up to date with regulatory frameworks is paramount to the success of a project and the long term performance of a building. Two new pivotal pieces of legislation that have transformed design and construction in NSW is the Residential Apartment Buildings Act and the Design and Building Practitioners Act 2020 (DBPA). (Queensland readers; we believe this is still relevant to you because while the Queensland Bureaucracy does have a lighter hand, we are seeing some of the learnings and processes filtering into the QBCC’s orbit.)
This new legislation was a response to the widespread failures of apartment buildings (Class 2 Buildings). The systemic and catastrophic failures of infamous projects like Mascot Towers and Opal Tower in Sydney highlighted that there was something was wrong in the process.
A national review into the performance of buildings titled Building Confidence and also known as the Shergold Weir Report was jointly commissioned by the states. The report identified systemic defects in many completed Class 2 Buildings that were causing significant ongoing costs to apartment owners. The most common defects identified in the review are summarised below:
Waterproofing Failures: Deficiencies in waterproofing systems, particularly in bathrooms and balconies, leading to water ingress and subsequent damage.
Structural Issues: Inadequate structural integrity, often due to poor design, construction practices, or materials, which compromises the building's stability and safety.
Fire Safety Non-Compliance: Shortcomings in fire safety measures, such as inadequate fire separation, non-compliant cladding, and insufficient fire protection systems, increasing the risk of fire hazards.
Acoustic Insulation Problems: Poor acoustic insulation resulting in noise transmission between units, affecting the living quality and privacy of residents.
Non-Conforming Building Products: Use of materials and products that do not meet the required standards or are not suitable for their intended use, leading to potential safety and performance issues.
Inadequate Documentation and Certification: Insufficient or incorrect documentation and lack of proper certification processes, contributing to the difficulty in identifying and rectifying defects.
Unravelling the Complexities
So what has been the result?
In NSW we have seen:
The establishment of the Building Commission NSW as an industry watchdog with powers to audit building quality and issue orders to rectify defects and in severe cases stop work.
A requirement for a project developer to provide a 3% bond prior to applying for a occupation certificate.
New legislation that regulates designers and building practitioners, including an increased duty of care to future homeowners and the requirement to design and certify a specified level of design detail to adequately define the work.
The implications at the coalface have seen an extended pre-construction stage to facilitate thorough detail design work and design coordination. The commission has stated a requirement for designers to provide comprehensive design details of key building elements, so that building work is clearly defined and compliance with the National Construction Code (NCC) can be achieved. This process has increased our architectural workload threefold, and our level of documentation and detail for apartment buildings is now similar to what we may have documented 20 years ago. The building commissioner has clarified that they do not wish to prevent the design and construction procurement system; however, they intend for a building to be fully designed prior to commencement, with any amendments during construction also being documented. A “portal” has been established where all design documentation and design compliance declarations are lodged for possible review by the commission.
For Lightwave, it has meant an agile and rapid adaptation to understand the act and its implications on our clients, our process, and our projects. We've developed proactive compliance protocols that integrate DBP Act requirements into our project management and design processes. We have developed both a detailed understanding of the Act and a deep knowledge of where buildings have been failing. Finally, we have improved how we communicate to the building trades so that adequate systems are constructed. Our internal processes focus on communicating the requirements through design detailing and collaboration so that the quality expectation is clear prior to the commencement of construction.
In conclusion, it has been a significant and challenging change to the industry. Some say it is heavy-handed, while others believe the costs of rectification outweigh the additional upfront complexities. The fact remains that the legislation is in place, and projects are susceptible to significant disruption for non-compliance. We anticipate that a focus on apartment quality will permeate throughout all Australian states. At Lightwave, we can only embrace the change and demonstrate our expertise and commitment to excellence. We aim to innovate, collaborate, and deliver outstanding outcomes for our clients and communities.
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