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Department of Justice

Building Regulatory Framework Review

Following an extensive consultation process, which began in early 2014, Tasmania now has a new approach to building legislation.

The new Building Regulatory Framework comprises three Bills:

  • A new Building Bill 2016
  • An amended Occupational Licensing Act 2005
  • A new Residential Building Work Contracts and Dispute Resolution Bill 2015

All three Bills have now been passed by Parliament, as of 13 September 2016.

The new legislation will come into effect on 1 January 2017, following a significant training and information program for the industry.

Information has been sent to all practitioners and is available at Building Legislation 2016 Resources.

Building Bill 2016

The new Building Bill takes a risk-based approach to building approval.

Low risk work - such as sheds and carports - can be carried out by a licensed builder without a building permit.

Medium risk work - such as a standard three bedroom house, which doesn't need planning permission - can be carried out by a licensed builder with regulatory oversight by a building surveyor.
The council will be notified that the work is taking place but does not need to give approval.

High risk work - such as bespoke houses which are outside the Planning Directive 4.1 parameters, or commercial, multi-storey buildings - will still need to go through a full building approval process with the council.

The Director of Building Control will release a detailed Determination of the type of work in each category.

Accreditation of Building practitioners, including builders, building surveyors, designers, architects and engineers moves to the Occupational Licensing Act 2005.

For more information, see:

Amended Occupational Licensing Act 2005

Accreditation of building practitioners has been moved out of the Building Act. Building practitioners - including builders, building surveyors, designers, architects and engineers will now be licensed under the Occupational Licensing Act 2005.

Plumbers, electricians, gas-fitters and automotive gas-fitters are already licensed under this Act.

There are no changes for these licensees.

For more information see:

Residential Building Work Contract and Dispute Resolution Bill 2015

The Residential Building Works Contract and Dispute Resolution Bill 2015 has three main components:

  • clearer, more robust contracts for residential building work, including clauses that the Director of Building Control can mandate to provide better protection for consumers
  • a free, optional, mediation process for settling residential building disputes
  • a more formal adjudication process by expert panel for residential building disputes that cannot be resolved by other means

For more information see: