Navigating Compliance to Certification
POSTED: 10 June 2020
AUTHOR: Dan Hunt, Director
The old saying build it, and they will come may be true, however, in reality, the critical path of a construction project is dotted with compliance obligations imposed by National and Local legislation, building regulations and codes. Navigated successfully, final certification of your project is achieved with minimal impact to the schedule. However, if compliance obligations are not anticipated and properly managed, non-compliance can derail your build and require extra time and additional budget to get it back on track.
Compliance confusion
It is common for clients to be unaware of the granular aspects of construction compliance. One of the first areas of confusion is between Building Contractor vs building certifier (Certifier). A Builder Contractor (builder, electrician, plumber, concreter) will sign-off individual aspects of their work but cannot certify the works. The Certifier’s job is to act on behalf of the regulatory authorities and ensure that the building is compliant. They control this with the issuing of a Certificate of Occupancy (COO) which states that the building is safe and approved to be used for its intended purpose. The Certifier does not supervise or control the work or schedule, that is up to the Building Contractor or Project Manager, however, the Certifier has the ultimate influence on whether the build receives final approval for occupancy (Certificate of Occupancy). Failing to conduct sufficient consultation with the right stakeholders contributes to the delayed identification of issues, sometimes until much later in the construction phase, and amplifies any problems. Some common issues that arise are:
Clients may engage designers, architects and building contractors but overlook licensed certifiers, required in order to receive final approval for occupancy.
Some building contractors can build or install but not sign-off as a licensee; Or may be able to sign-off some aspects, but not all, leading to additional contractor engagement.
Coordinating a construction project that has multiple contractors, means managing compliance across multiple stakeholders, adding another daunting layer of risk and cost.
Your build may require additional approval and certifications if your designs deviate from codes. Whether this is deliberate or not, depending on what stage it’s identified, other elements of the construction and schedule may be impacted.
Clients often misconceive that a relationship between Design Approval and Building Certification exists where it does not. In fact, you may not need Design Approval in certain circumstances but still, require certification.
Path to certification
The need for certification, in general, is obvious, but when you break down the sum of its parts, the complexities often overwhelm. To ensure compliance and obtain a Certificate of Occupancy, at a minimum, the Certifier must be satisfied with:
Development Approval (DA) has been obtained, and the build has not deviated from the DA. If there is major deviation, a new DA may be required. This can introduce additional cost and time into the build.
All designs are compliant. Normally the Certifier would have reviewed the designs prior to construction and given confidence that they were compliant. This may be a condition of being able to commence construction.
Design sign off was completed by a competent person who may be a builder, engineer or other signatory depending on the complexity of the build.
The person or contractor completing each part of the works was suitably competent to sign off on the works. For example, plumbing works require sign-off, electrical works require sign-off and so on. This will generally be multiple contractor licensees and building licensees.
The installation or build was as per the designs and complied with standards and laws. The Certifier will attend site to inspect the build in detail in order to determine compliance of every part of the build from foundation to electrical works. The degree of inspection cannot be overstated. As an example: One non-conformance that usually catches people out is the Australian Standard: AS1428 Design for access and mobility (AS1428). This standard relates to often overlooked issues such as circulation space around doorways, step length and height, use of handrails and ramps, and much more.
As you can gauge, the path is not without complications and requires some expert navigation. For your next build, keep these four tips in mind:
One of our keys to success is to engage a Certifier early and keep them engaged, so they have ownership of the job.
Ensure compliance is performance managed throughout the job: Carry-out the works against a list of clearly defined deliverables and make sure that any sub-contractor agreements have the specified documentation listed as a deliverable as well.
Plan and schedule the Certifier’s visits to the job and request feedback and any punch-list items to be communicated at each visit.
Keep a copy of relevant Australian Standards (such as AS1428) on-site or have access to it electronically.
One-Contractor Solution
The success of the build hinges on foresight and proactive identification of anything likely to affect the construction schedule. This is where HTS shines a light. Experience is good, but outcomes are better. We have consistently applied our business model to multiple projects, as a one-contractor solution. HTS is a building contractor that offers expert guidance and assistance. Our approach is to help our clients navigate construction compliance as well deliver a high-quality product. HTS holds a building license, electrical license and plumbing license which circumvents the steps to engage these specific sub-contractors and reduces the additional costs associated. We have excellent relationships with reputable certifiers who we ensure are embedded into the project. Whether you have engaged your own or not HTS will liaise directly and keep them informed at all times.
Ultimately, a solid building contractor should operate with a ‘project management’ and ‘client focussed’ mindset. There’s many ways to make it work but if you remember our navigation tips then you’re already ahead of the game! To find out more about switching from a ‘head contractor model’ with multiple stakeholders, to our ‘one-contractor solution’, reach out today.
For our clients, innovative ways to increase productivity and improve safety and well-being are all part of our one-contractor solution. Talk to us today about how we can rocket the value of your next project!