An update to the Minister for Planning’s Guideline 13 (MG-13) has been issued to provide guidance to relevant building surveyors in the application of section 10(2) of the Building Act 1993.
Entitled Exercise of Discretion When Applying a New Building Regulation or an Amendment to a Building Regulation, the MG-13 also provides direction on the documentation that should be sought from the owner of the building or land concerned to support the use of the section.
According to the Guideline, Section 10(2) relates to the application of a building regulation or an amendment to one, where substantial progress on the design of the building was made prior to the commencement of a new regulation or an amendment to an existing regulation.
At the request of the Minister for Planning, Sonya Kilkenny, the Department of Transport and Planning (DTP) undertook the task of consulting with industry on MG-13 and other matters to help support industry with the adoption of NCC 2022.
Following feedback from the industry, changes have been made to MG-13, to expand on the existing guidance information.
The consequent changes include requirements for approval from the homeowner, how section 10 is applied in circumstances where the nominated builder is replaced and greater clarity on the application of section 10 in common development scenarios.
The revised 3-page Minister’s Guideline can be accessed at this PS News link.
