The Building Act 1993 remain, however current the Building Regulation 2006 are to be ‘sunset, replaced by the proposed Building Regulations 2017 (legislated around September)

Changes in the 2017 Regulations which affect the waterproofing industry relate to “Part 13 – Inspections notices and Orders; Division 1 – Inspections and Directions; 169.

Prescribed mandatory notification stages for construction or alteration of building”. For the first time a building inspector or surveyor must add the inspection: “(e) prior to covering a waterproofing membrane in any wet areas”.

The Building Regulations remain consistent in the other areas affecting waterproofing, namely;

Part 2 – Building Code of Australia

The regulations referring to the adoption of the NCC and relevant Australian Standard

Part 9 – Building Work, Division 1 – Meth- ods of assessment of compliance; Covering material testing, compliance certificates etc. as proof of quality of building works.

The VBA have confirmed that only a reg- istered Building Practitioner (appropriate categories) can authorise compliance of waterproofing works. A sub-contractor who is not a Registered Building Practitioner cannot authorise compliance. A statement from the sub-contractor may state in their opinion that they have complied with the relevant Standard and thus compliant with NCC, however the liability is primarily with the Registered Builder (now shared with the Building Inspector or Surveyor for wet areas).

David Hepworth
AIW Director