That the bill be now read a second time.

The Building Bill, along with the three related building services bills, delivers the most significant reform to

building regulation in Western Australia in 50 years. The existing process for building approvals was established

in the Local Government Act 1960. It reflects the way buildings were designed and built in the 1950s. It relies on

builders registered under the Builders’ Registration Act 1939. It is clearly time for change. I acknowledge the

significant work done by the previous government in preparing the way for these reforms and I look to the

support of all parties in enacting these bills without any further delay.

Our built environment is at the core of our culture and our community. The quality of our buildings impacts

directly on our quality of life, how efficiently we work, and how effectively we relax. We need our buildings to

be safe, accessible and sustainable. This means setting high standards and ensuring that those standards are met.

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The building industry is a significant contributor to our economy and our quality of life. Building, construction

and renovation account for more than nine per cent of this nation’s gross domestic product. Approximately

10.5 per cent of the state’s total workforce is engaged in building and construction, and it is a critical training

ground for the wider economy. Efficient processes are critical, and delays in approvals must be eliminated.

Innovation is essential in improving our living standards and growing our economy. The Building Bill 2010

plays a central role in facilitating these outcomes.

The philosophy that underpins the Building Bill is to encourage and empower qualified people to do things right

the first time, rather than to build a series of hurdles along each step of the way. The bill does not restrict who

can design a building, but it requires a qualified building surveyor to certify that the building complies with

building standards. The bill allows building surveyors to work in private practice or local government, and to

work alongside the design team, exploring options and confirming compliance as the design progresses. This

will encourage innovation in building design and get the best value from performance-based standards in the

Building Code of Australia.

Formally registering building surveyors under the Building Services (Registration) Bill 2010 and providing the

Building Commissioner with auditing and advisory powers under the Building Services (Complaint Resolution

and Administration) Bill 2010 provide effective oversight of the quality of the building surveyor’s work without

having to build complexity into the approval process for individual buildings. Skilled building surveyors can do

more than just check compliance with the building standards; they can help owners, builders and their design

teams through the approvals process. They can advise whether building proposals are consistent with other

approvals that have been obtained, such as planning or heritage. They will continue to play a significant role in

helping permit authorities enforce compliance with both standards and processes.

It is not practical or economical to design and document every aspect of a building so that it can be checked by a

building surveyor. We rely on competent builders to construct buildings in accordance not only with the certified

plans, but also with good trade practice and the building standards that are not documented. Builders will be

registered under the Building Services (Registration) Bill and will be named on building permits. The Building

Bill sets out the builder’s obligations and provides for a notice to the permit authority when these obligations

have been met.

Buildings are becoming more complicated and often rely on mechanical or electrical systems to ensure the safety

of occupants. The Building Bill requires occupancy permits for buildings other than single residential buildings

and outbuildings. The occupancy permit not only confirms that new buildings have been constructed in

accordance with the certified plans, but also confirms the use of the building approved under planning or other

legislation, and requires inspection and maintenance of essential services. These inspections can be carried out

by any qualified building practitioner and reported to the permit authority. Responsible building owners already

do this, and these provisions are no extra burden; rather, they provide a robust system for owners to demonstrate

that they have effectively managed their risks.

Occupancy permits allow one simple system to be used to approve temporary use of a building before it is

completed, or a different use for a short period of time. They allow for a permanent change of use or

classification to confirm that a building is suitable for strata titling or to retrospectively approve a building that

was constructed or altered without authorisation. Over time, existing buildings as well as new buildings will be

issued with occupancy permits, and these will provide a simple basis for data to be loaded onto the state land

information platform. Single residential buildings will not require an occupancy permit, so that most people will

not be restricted from occupying their own homes. Owners of single residential buildings can apply for an

occupancy permit or a simpler building approval certificate if they wish.

The Building Bill requires all buildings in the state to comply with the building standards. Previous exemptions

for buildings owned, occupied or controlled by the state are removed, but the Building Commissioner is given

power to exempt a building from complying with a standard if this will help innovation or prevent unjustifiable

hardship. High-risk buildings or parts of buildings require thorough checking and inspection. Processes for

medium risks are simpler and allow for self-certification by registered practitioners. If risks are low, the bill does

not require approval up-front, but still allows for enforcement action if standards have not been met.

Approval processes in the Building Bill are based on a proportionate response to risk. Buildings incidental to

infrastructure, ports, mining and petroleum installations, and industrial plants are already regulated through

processes under other legislation to ensure their safety. They do not require separate building approval under this

bill, thereby avoiding duplication and unnecessary red tape in important sections of the state’s economy.

Most buildings will require a building permit, an occupancy permit and, at times, a demolition permit. The

permit authority that grants these permits will normally be the local government in which the building is located.

The state of Western Australia is also a permit authority, able to deal with any building anywhere in the state. In

practice, the state will provide permits for its own buildings, preserving its current independence from local

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government building control. The state might also provide permits for privately owned buildings of state

significance, or where state agreement acts require the state to provide all approvals for a project. Local

governments can also ask the state to take over responsibility for complex or specialised buildings if the local

government does not have the skills or capacity to deal with it effectively. The Building Bill also allows the

minister to approve special permit authorities. These can be used when a group of local governments wish to

combine their building control functions; when facilities are located in more than one local government area; or

to give redevelopment authorities building control as well as planning functions.

The Building Bill will clarify issues related to construction on boundaries that have caused anxiety and

uncertainty for many years. The Dividing Fences Act provides a mechanism for seeking a contribution to the

cost of building or maintaining a dividing fence, but does not specify construction standards or processes. The

bill has been drafted to align with that act and reinforce the principle that a person’s home is his castle and that

other people must get permission to intrude, be they workmen seeking easy access to work on a neighbour’s

building or encroachment on the building itself. If permission is refused, a builder can seek a court order to get

access, but cannot just march in. There are clear rules dealing with removal of fences, protection of adjoining

buildings during construction, jointly owned walls, and quality of construction along boundary lines. Local

governments are given effective powers to intervene when a builder does the wrong thing.

The bill continues the role of local governments and other permit authorities in enforcing compliance with

building standards and processes. A local government will monitor building activity in its area and can give

notices requiring owners to improve, obtain approval for, or demolish unsafe or unauthorised buildings. The

permit authority for a building will be able to inspect at any time and require compliance with certified plans.

The bill provides a range of enforcement options, including infringement notices, improvement notices and

prosecution for noncompliance. If dangerous situations are not being dealt with, the permit authority can take

action itself and recover the costs from the owner or builder. I commend the bill to the house.