NT’s introduction of Independent Third Party Review for structural designs
The Insight
The Building Confidence Report (Shergold & Weir, 2018) was commissioned by the Building Ministers Forum in 2017 with the goal ‘to enhance public trust through effective implementation of building and construction standards that protect the interests of those who own, work, live, or conduct their business in Australian buildings.’
Recommendation 17 of the BCR was that ‘each jurisdiction requires genuine independent third party review for specified components of designs and/or certain types of buildings.’
Due to various issues surrounding combustible cladding and significant defects in structures, the conversation for what requires review has largely revolved around structural and fire safety aspects.
On 19 January 2022, the NT government announced the introduction of independent third party review (ITPR) of structural designs for buildings meeting certain complexity criteria as part of the building certification process. This will be effective from 31 January 2022.
The Impact
The requirement for ITPR is triggered where a building meets at least two of the complexity criteria set out in the Building Regulations. These criteria are in line with the definition of building complexity as developed by the Australian Building Codes Board (ABCB).
Being ‘located in an area prone to natural disaster’ is one of the complexity criteria that affects all Darwin buildings due to cyclones. This means that buildings in Darwin only need one additional element of complexity to trigger the review process.
Other elements of complexity that may trigger the review process include:
Class 2 buildings (typically apartments) that include 3 or more storeys
Buildings intended to be occupied by 100 or more people
Buildings that have occupants which may require assistance to evacuate (such as health services, disability services, childcare, and aged care facilities)
For buildings requiring review, an ITPR report is needed prior to issuing a building permit. The cost of this is borne by the developer. It is not intended for the ITPR engineer to undertake an exhaustive review of the design, and it is not intended that this review will shift responsibility for the compliance of the design from the certifying design engineer.
To be a reviewer, engineers will need to be registered in the NT and have an additional endorsement on their registration. The qualifications and experience required for this endorsement are over and above those of standard registration including a minimum 10 years of experience.
It is clear that this process will add extra time and cost to projects. It is considered that this is far outweighed by the time and cost of remedial and legal actions associated with non-compliant building works.