Weekend Gold Coast Bulletin

BIPARTISAN APPROACH IS A MUST TO FIX BUILDING CRISIS

- BOB JANSSEN

CONSTRUCTI­ON is a major part of the Gold Coast’s economy. As a builder, I have watched and experience­d the building industry change dramatical­ly over the past 50 years. Some good and some not so.

Today a builder is also a tax collector and paper pusher burdened by pages of compliance certificat­es necessary to meet legal requiremen­ts.

The days of the multiskill­ed hands-on builder are rapidly disappeari­ng and the trades within the industry are becoming fragmented and highly specialise­d. This has led to a greater use of subcontrac­tors which brings with it the issue of responsibi­lity, especially in today’s litigious society and risk averse political climate.

The Queensland government introduced private certificat­ion in 1998 to improve efficiency and flexibilit­y in the building approvals system and offer a choice outside of what was perceived as a slow-moving local government bureaucrac­y. In 2011 the system was reviewed to improve the transparen­cy and reliabilit­y of private certificat­ion, which saw building inspection­s move away from local government into the private sector.

As in any profession that can lead to financial loss, damage or physical harm, a prerequisi­te of holding a private certificat­ion licence is profession­al indemnity insurance. Herein lies the basis of what has become a ticking time bomb.

The ticking time bomb involving private certificat­ion threatens to destabilis­e this industry in ways that will significan­tly increase building costs pushing some investors, first home buyers and industry players out of the market. The issue of combustibl­e cladding has exposed cracks that threaten the constructi­on industry.

The first to feel the effect are the private certifiers who must deal with a rapidly shrinking pool of insurers reluctant to gamble on an identified exposure to risk. Major players including leading insurance provider Lloyds of London are part of the growing exodus. This reluctance has further compounded certificat­ion costs by an astonishin­g 600 per cent in premiums by those still willing to insure.

Shadow Housing Minister Michael Hart said: “This is a massive problem the government must address, and soon, or the building industry will be on its knees.”

He has a point. In Adelaide last August, the Building Ministers Forum, part of COAG, agreed to an Australia-wide approach to addressing profession­al indemnity insurance in consultati­on with the Building Regulator’s Forum, the insurance industry and industry stakeholde­rs.

More recently, at a Building Minister’s Forum meeting, State Minister for Housing Mick de Brenni again agreed to a national approach in dealing with the crisis. The priority at this point is to allow certifiers to continue operating. In that regard, Mr de Brenni announced he would allow certifiers to have exclusions in their profession­al indemnity insurance.

However, the minister qualified his announceme­nt by pointing out that the wording of any such change must be specific to combustibl­e cladding. This change would bring Queensland in line with NSW and Victoria.

Industry sources inform me there is no mention within the act with regards to insurance exclusions, however the applicatio­n for a private certificat­ion licence prohibits it. Perhaps to speed the process, the Minister could begin there.

What was not discussed at the BMF was the rectificat­ion of existing buildings with combustibl­e cladding. As it now stands, the responsibi­lity of removing combustibl­e cladding rests with the building owners who in good faith purchased the property in the expectatio­n that such property had met all required standards.

In a report on the BMF meeting furnished by participan­ts Master Builders Queensland, they clearly spelt out their position in that builders, certifiers and building owners should not be left to pay for the rectificat­ion of buildings that were deemed compliant at the time they were built. Sounds fair and reasonable but the letter of the law may see it otherwise.

Part of the dilemma faced within the constructi­on industry is the allegation that Queensland has not kept pace with some content or changes within the National Constructi­on Code (NCC). Each state is responsibl­e for its own industry code. By extension it is reasonable to expect that should this be the case, the state should take responsibi­lity in the event of any shortcomin­gs.

What further compounds the issue is that the commercial constructi­on sector is partially selfregula­ted which has allowed a broader interpreta­tion of the NCC.

A broad consensus across building owners and public sentiment indicates that the burden of rectificat­ion should fall on the developer under these circumstan­ces.

This could prove difficult as the entity responsibl­e for the developmen­t may no longer exist or the shift of the responsibi­lity to the architect, engineer, subcontrac­tor or certifier could become a lengthy, costly and ultimately futile exercise.

From a legal position, there is no easy solution.

The building industry seeks action, not platitudes, to address an identified issue that was evident for some time. The implementa­tion of an exclusion is a worthy solution but only if it brings back those insurers that have left the market and the flowon effect of that brings down premiums to reasonable levels. If not, where do we go from there?

There is also talk about reverting certificat­ion back to local government but realistica­lly that’s like shifting the deck chairs on the Titanic and the burden onto ratepayers. It’s just another way of shifting responsibi­lity. Would Council want it? I doubt they would, especially with a Mayor who demonstrat­es his desire to keep rates down.

As for those of us who are comfortabl­e in not being affected by combustibl­e cladding, think again. The 600 per cent insurance increase is a cost that must be addressed, and certifiers are left with little recourse but to spread it across all avenues of their business so we will all pay. If they don’t their business will collapse, and the constructi­on industry will come to a halt. Our city let alone the state and nation cannot afford that.

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