ACA & ARCHITEAM ADVOCACY - NSW Building Bill 2024

ACA & ARCHITEAM ADVOCACY - NSW Building Bill 2024

In late August the proposed changes to the NSW Building Bill came to the attention of ArchiTeam via the advocacy of both the Australian Institute of Architects and the ACA. ArchiTeam has had a history of supporting both association's advocacy work, and on the 21 August CEO Phoebe LaGerche-Wijsman spoke with ACA CEO Angelina Pillai to offer our support with the ACA submission. On Monday 27 August Phoebe joined members of the ACA board and team and representatives from other associations to discuss the proposed changes and the united response to the government.

Spearheaded by the ACA NSW/ACT Committee, representatives attended a briefing session on the new Building Bill 2024, which if passed in its current form could significantly impact the profession and the quality of the built environment in NSW.

The ACA NSW/ACT Committee sought feedback from members about the impacts on your business and possible alternatives. ArchiTeam shared this request for feedback with our NSW members. Many responses were received. As such the NSW Government has listened to the concerns of our profession and extended the deadline for written submissions on the proposed building reforms to Friday 18 October 2024.

ACA NSW/ACT is busy collating feedback, collaborating with key stakeholders and preparing a submission on behalf of us all.

Key Issues in the Draft Bill:

1. Dual Licensing System: the Bill proposes a parallel licensing structure for architects and building designers. While we support the licensing of building designers, we must maintain the distinct professional standards, qualifications and governing bodies associated with architectural practice.
2. Ambiguous Definition of “Design”: the term is used without a clear definition, which could lead to confusion about the scope of architectural services.
3. Uncertainty with Existing Regulations: there’s uncertainty about how this Bill will interact with crucial regulations like SEPP 65.
4. Undervaluation of Architectural Expertise: the Draft Bill fails to recognise the holistic, value-adding skills architects bring to projects. This oversight threatens to limit the use of architectural expertise and safeguards that qualified architects provide, posing a serious risk to consumers.

What We’re Doing:

We’re supporting the ACA who are leading this submission and are actively engaging with the NSW Building Commissioner, the NSW Architects Registration Board and the Australian Institute of Architects to address these concerns. However, we need your voice to strengthen our position and turn this into an opportunity to better our profession.

To address these issues, the ACA has proposed several recommendations, including:

• Maintaining the Architects Act as a separate entity
• Maintaining the role of the Architect Registration Board (ARB)
• Implementing a clear licensing system within the Building Bill that recognises the broad skills of an architect  
• Implementing Building Designer licensing with equivalent post-Development Application (DA) outcomes, mandating a Code of Conduct, Professional Indemnity insurance, and ongoing Continuing Professional Development.
• Clearly defining "design" within the new Bill  
• Conducting a thorough review of insurance implications
• Strengthening education and public awareness programs about the benefits architects bring to the built environment.

"We believe that by addressing these concerns and implementing our recommendations, the NSW Draft Building Bill 2024 can achieve its objectives while maintaining the high standards and integrity of the architectural profession," said Stephen Pearse, ACA NSW/ACT Spokesperson.

What You Can Do:

1. Review the Draft Bill and familiarise yourself with the proposed changes. You can download a copy of the Draft Bill here and/or watch a summary video here.
2. Spread the Word: Inform your colleagues and clients about these potential changes and their implications.
3. Share Your Thoughts: ACA want to hear from you. How might these changes affect your practice? What alternatives would you propose? Send feedback to nswact@aca.org.au by Friday 23 August.

Please don’t hesitate to get in touch if you have any questions or need more information. Please contact Marie Frost at nswact@aca.org.au