The New South Wales government recently released the Draft Building Bill 2024, which has been pitched as a mechanism for streamlining the regulatory framework for the NSW building industry and better protecting consumers.

However, the new bill has the Australian Institute of Architects (AIA) and the Association of Consulting Architects (ACA) up in arms.

So, what are the risks to the architecture profession of this bill?

These are the key areas of concern:

1. The introduction of a parallel form of registration for building designers. 

2. Repealing the Architects Act 2003

3. Emphasis on compliance over design quality

4. There is a lack of clarity regarding how the new Building Bill 2024 will interact with other legislation, like SEPP 65.

Let’s unpick the implications of each:

Parallel registration 

Introducing a parallel registration for building designers has the potential to devalue architectural services. Currently, building designers in NSW are not subject to mandatory certification or registration like architects or engineers. The new bill aims to change this. The concern here is that if both building designers and architects have to be registered, consumers and business procurers of design services will perceive their skills as equalised and more commonly select the cheaper option of a building designer.

The Draft Building Bill 2024 fails to make any distinction between the advanced skill set and broader responsibilities of architects as compared to building designers.

Repealing the Architect’s Act 2003

Repealing the Architects Act 2003 and absorbing it into the wider Building Bill 2024 has the potential to improve regulatory efficiency by reducing duplication and simplifying compliance processes. 

However, there are some potential drawbacks, such as the risk of oversimplifying complex issues related to architectural design and the challenges of balancing different professionals' diverse needs and responsibilities within a single regulatory framework. Ensuring that the new framework addresses all relevant aspects of architectural and building design will be critical.

Emphasis on compliance over design quality

The term "design" is utilised broadly throughout the draft Building Bill to encompass various aspects of building and construction that relate to compliance with the Building Code of Australia and other relevant standards.

This preoccupation with compliance rather than creativity may shift attention away from the higher-level design work that architects are trained for, such as innovative solutions, aesthetics, and community-responsive design, diminishing specialised design capabilities in areas such as complex urban planning, sustainability, and public impact.

Clarity is required regarding the intersection with and relationship to other legislation

The Building Bill 2024 could potentially create confusion around existing policies such as the State Environmental Planning Policy (SEPP) 65.

If the Building Bill 2024 introduces different standards or compliance requirements than those outlined in SEPP 65, there could be confusion about which set of requirements architects and builders should follow, especially in projects that fall under both policies.

If you’d like to learn more, you can download a copy of the Draft Bill here, watch a summary video here or check out the recording of the AIA’s Open Forum and related Q&A summary.

What happens now?

The AIA and ACA’s advocacy will benefit from your voice. Let them know these changes might affect your practice and what alternatives would you propose by 4 October 2024. Contact the AIA at policy@architecture.com.au or Marie Frost, NSW/ACT Executive Officer for the ACA, at nswact@aca.org.au. 

Regardless of what is written into law, the draft bill is a good reminder that architects compete with building designers for work and that consumers and those involved in the procurement of building design services often don’t understand the difference. Therefore, it has never been more important to communicate the value of architecture. Next week I’ll be publishing an article articulating the differences between building designers and architects that practices can share on their website blogs.