It’s not every day that you see a piece of draft legislation that is not the product of government.

However, that is what the International Building Quality Centre (IBQC) has done with the release of a Model Building Act (the Act) for an international audience.

This is not symbolism.  Rather, it is a practical tool.

It can be used by either:

• jurisdictions that do not have a history of building control (often in emerging economies) and who wish to develop an effective building regulation framework.
• Jurisdictions whose building control systems are more mature (often in developed economies) but who wish to test and evaluate the suitability of their frameworks over time.

The Act is derived from what is considered to represent good practice. It is statute ready but can be tailored for individual circumstances.

The Act was drafted by former Victorian Chief Parliamentary Counsel and Law Reform Commissioner, Gemma Varley under the advice of Adjunct Professor Kim Lovegrove, Chair of the IBQC. It was guided by input from a team of law reform experts. I was pleased to be involved as a peer reviewer of this work.

The Act was developed and refined through a comprehensive process which involved many iterations and extensive canvassing of contemporary challenges that are associated with building control – not the least of which is regulatory burden. The resulting instrument represents an objective and impartial compilation of the fundamental ingredients of an effective building regulatory ecosystem.

(AI generated image of building site in Bolivia. Image via magnific)

As stated on the IBQC web site, the purpose of the Act is “…to provide a clear, adaptable structure that supports quality assurance, accountability and safety across the lifecycle of building work—from design and permitting to construction and compliance. It is intended to serve as a comparative reference for policy makers and legislative authorities, supporting the review of existing building regulatory arrangements and the consideration of legislative structure, accountability mechanisms and enforcement powers within both developed and emerging economies.”

For a country such as Australia, which has a well-established history of building control, much of the content will be familiar and indeed draws from those parts that are regarded as good practice internationally. Its structure and presentation, however, promote the importance of the holistic nature of building control as well as simplicity. This of course is easier to do when not tethered to the legacy of something that has been added to over time and the intervention of advocacy. Many legislators are unlikely to have such a luxury. However, it’s a refreshing lens through which to approach the subject.

The Act establishes a governing framework. This includes the necessary head powers for subordinate regulations, both administrative and technical (referenced throughout), to enable operationalisation of the system. It does not stand in isolation of the need for a model technical code, sufficient and effective resourcing, appropriately skilled practitioners, a culture of compliance and effective enforcement where this is needed.

Why this matters is neatly articulated by Kim Lovergrove, when he says; “Public trust in the built environment depends on regulatory systems that are clear in responsibility, proportionate in liability, and disciplined in enforcement. When regulatory architecture fails – safety, consumer confidence and economic stability are placed at risk.”

To be sure, no model act on any subject is going to be exciting to talk about. In a country such as Australia, however, its application has the potential to deliver substantial benefits. This is particularly the case as the nation’s building industry represents a sizeable portion of the national economy yet has been challenged over recent decades by sluggish productivity performance.

Potentially, the model Act could be considered in the Productivity Commission Inquiry into housing supply regulation. This includes reference to statutes that are unclear or inconsistent and which create uncertainty, drive up costs and discourage investment.

More significant, however, are the potential benefits for emerging economies. Many of these are undergoing rapid urbanisation and residential development (often mid to high-rise) but do not have either mature building control frameworks or the capacity to support them.  Without a robust legal framework to support a coordinated and effective building control ecosystem, it is likely that regulatory systems in these jurisdictions will develop in a patchwork manner.

This significance is captured by IBQC member and senior economist at the World Bank Group, Alejandro Espinosa-Wang. He observes that; “For emerging economies in particular, where weak or fragmented building regulation remains one of the most persistent barriers to safe construction, investment confidence and equitable access to justice, this kind of reference statute is invaluable. It provides a credible, internationally informed starting point that can be contextualized to local legal traditions, institutional capacities and economic realities.”

In summary, the Act takes a clear-eyed holistic approach to how an effective building regulatory ecosystem should operate. It establishes a coherent legislative framework that operates on a risk-based approach and addresses all aspects of building work: design, approval, construction, product safety, occupation, maintenance, enforcement and dispute resolution. It brings together contemporary regulatory principles relating to accountability, compliance, inspection, practitioner regulation, dispute resolution, liability and insurance within an integrated statutory structure.

And it does so with a compact and easily navigable structure, which sets out the key building blocks.

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