NSW Draft Building Bill Update
In a recent Working Group session, the NSW Building Commissioner has shared his position on the draft Building Bill 2024, with significant implications for architects and the broader design industry. After persistent advocacy from the ACA, critical insights have emerged about the future of architectural regulation, protected titles, and the introduction of new licensing categories. Members of the ACA NSW/ACT branch attended the session and have provided a useful summary.
ACA NSW/ACT President Ivana Simkovic and Committee Members Brent Dunn and Steve Pearse attended the online Working Group session discussing the draft Building Bill 2024. This opportunity arose through our advocacy and submissions to the Government and NSW Building Commissioner, James Sherrard. We welcomed the opportunity to participate in these sessions and were relieved to hear that many of our concerns have been addressed. We are pleased to provide an overview of the meeting below.
BUILDING COMMISSIONER’S POSITION
The session provided insights into the Building Commissioner’s stance and the recommendations he is likely to make to the Minister. Key insights include:
Recognition of Architectural Value
- Acknowledgment of architects’ significant contribution to the built environment and our position as the industry’s leading service providers
- A commitment to supporting the architectural profession and its role in community development and protecting consumers
Licensing Expansion
- Under the DBP Act, only licensed practitioners are permitted to create regulated designs and make design compliance declarations.
- Extend licensing requirements to previously unregulated design providers, including building designers and interior designers.
- Include interior designers and building designers to formally recognise their industry contributions.
PROPOSED REGULATORY CHANGES
Architects Act and Registration
- The Architects Act will be relocated within the new Bill
- The Architects Registration Board (ARB) will remain a separate entity and the sole governance agency for Architects
- Protections and existing frameworks will largely remain intact
Professional Classification and Limitations
Architects
- The term ‘Architect’ will continue to be a protected title
- Architects will maintain a single, unrestricted classification for all categories of work (however, we are seeking clarification as to whether Architects will need to apply for this separate licence)
Building Designers
- Proposed licensing will be structured in three tiers with work limitations largely in line with the current DBP Act.
- Building Designer Low Rise: Work limited to Class 1 and 10 buildings only.
Building Designer Medium Rise: May work on Class 2 buildings up to 3 storeys with no more than 4 dwellings
– May work on buildings where Housing SEPP does not apply
– May work on Class 3 and 9C buildings up to 3 storeys
– May work on all Class 1 and 10 buildings - Design Practitioner Building Design: May work on Class 3 and 9C buildings with an unlimited number of storeys
Interior Designers
- Proposed licensing is restricted to nonstructural work and where design declarations do not apply
Licensing Considerations
The Building Commissioner’s support for the positive role and contribution of Architects is reassuring; however, several issues remain regarding the application of licensing.
The relocation of the Architects Act is still a questionable outcome given the lack of detail within the current packages of information.
The ACA supports maintaining the current registration approach without additional licensing for architects. Our rationale includes:
- Existing safeguards and registration processes have successfully delivered quality outcomes
- Potential additional licensing will increase business costs; disproportionately impact small and medium practices; and potentially reduce competition, especially in regional areas
We also support the proposed restriction limiting licenses for Class 2 buildings above 3 storeys/4 dwellings to Architects only. However, we have significant questions regarding the application of licensing for Building Designers within expanding low- and mid-rise planning policy settings and the growing development of important Class 3 and 9C buildings.
We are concerned that the low to mid-rise housing policy will substantially expand building development within the 3-storey and four-dwelling limit. It remains unclear to us whether the current licensing approach will provide appropriate outcomes to address potential impacts on our suburbs and communities.
Lastly, we understand that the expansion of Boarding Houses, Co-living spaces, and Residential Aged Care facilities represents major market developments. As these structures increase in height and require sensitive design consideration to integrate into neighbourhoods, high-quality design outcomes are essential to protect both consumers and communities. We believe the proposed licensing approach requires better clarification and detailed explanation.
Next Steps
The ACA will continue collaborating with the NSW Government, the NSW Building Commission and the Australian Institute of Architects. Our goal is to provide ongoing input and assistance as the proposed changes evolve, ensuring nuanced and effective implementation.
While the Act’s relocation is not our preferred outcome, we view the proposed licensing of additional professional categories and their restricted application positively. This shift will enhance community and consumer protection, recognise the specialised skills and qualifications of architects, and acknowledge our lifelong commitment to shaping our built environment.
Detailed information is available in the Working Group presentation, which can be downloaded here.