Articles

BACKGROUND

Origin, Authorship and Context

Building regulation reform has historically been reactive — driven by failure, inquiry and amendment.

The International Building Quality Centre (IBQC) Model Building Act represents a different approach: a deliberately structured, statute-ready legislative framework designed to support systemic reform rather than incremental repair.

The IBQC Model Building Act is the first internationally developed model building control statute prepared for cross-jurisdictional adaptation. To view the Model Act, please click HERE.

It has been developed as a model legislative template capable of supporting reform thinking with regards to building regulatory systems in both developed and emerging economies.

The Act was produced under the auspices of the IBQC — an international body comprising senior building regulators, jurists, engineers, academics and dispute resolution specialists drawn from multiple jurisdictions.

The Model Building Act was:

Drafted by:
Gemma Varley, former Chief Parliamentary Counsel of Victoria and former Law Reform Commissioner.

Developed and instructed by:
Adjunct Professor Kim Lovegrove, Chair of the IBQC and former Assistant Director of Building Control in Victoria, who had carriage of Australia’s first National Model Building legislation.

Informed by:
The IBQC Good Practice Guidelines, developed collectively by international experts in risk classification, product safety, inspection systems and regulatory accountability.

The drafting reflects comparative analysis of building control systems across multiple jurisdictions.

This is not a commentary document.
It is not a policy discussion paper.
It is a structured legislative instrument.

WHY THIS PROJECT WAS UNDERTAKEN

The Systemic Problem

In some jurisdictions, building failures have occurred that have revealed structural weaknesses in regulatory systems, including:

• Fragmented regulatory responsibility
• Diffused accountability across supply chains
• Weak product traceability
• Inconsistent inspection regimes
• Inadequate lifecycle maintenance enforcement
• Absence of reliable digital record continuity
• Practitioner competence gaps
• Insolvency amplification under joint and several liability models
• Limited specialist dispute resolution pathways

Experience demonstrates that significant building failures rarely arise from a single technical error. They can be symptoms of regulatory system design failure.

The Reform Gap

Many jurisdictions have implemented targeted reforms. Not all have undertaken ground-up structural redesign.

Prior to the development of this Act, there was no comprehensive, internationally informed legislative model integrating within one framework:

• Governance
• Product safety
• Practitioner regulation
• Permit control
• Inspection systems
• Occupancy certification
• Maintenance obligations
• Civil liability reform
• Insurance alignment
• Enforcement architecture
• Specialist appeals mechanisms

The Model Building Act was developed to address that structural gap.

PURPOSE OF THE MODEL BUILDING ACT

The Act is designed to provide:

• A coherent legislative scaffold for the consideration of jurisdictions undertaking reform
• A reference model statute grounded in comparative international experience
• A risk-calibrated, lifecycle regulatory framework
• A balanced liability and insurance structure
• An integrated enforcement architecture
• Institutional clarity and accountability

It is designed for adaptation — not transplantation — and may be tailored to differing constitutional and legal environments.

STRUCTURAL EXPLANATION OF EACH PART

PART 1 — Introduction

Legislative Architecture and System Definition

Part 1 establishes the conceptual and structural foundation of the regulatory framework.

It defines the objectives of the Act, situating building control within a broader system encompassing safety, durability, sustainability, compliance, accountability and dispute resolution.

It clarifies the relationship between the Act, subordinate Regulations and the Jurisdiction Building Code, thereby defining the legislative hierarchy and reducing ambiguity between primary law and technical standards with respect to the building code it does not venture into that domain as it respects the fact that jurisdictions will have their own technical codes.

By embedding interpretive rules and a comprehensive Dictionary, this Part ensures coherence from the outset.

PART 2 — Administration

Governance, Independence and Regulatory Authority

Part 2 creates the institutional backbone of the regulatory system.

It establishes:

• An independent Building Authority
• The office of Building Commissioner
• A Building Practitioners Board
• Statutory building officials
• Independent peer review mechanisms for complex projects

Overarching regulatory responsibility is clearly vested in a single authority, reducing fragmentation and institutional diffusion.

The inclusion of independent expert review for high-risk or complex projects introduces an additional safeguard where regulatory risk is elevated.

This Part addresses governance weakness and reinforces regulatory independence and accountability.

PART 3 — Safety of Building Products

Supply Chain Accountability and Product Integrity

Part 3 addresses systemic risks associated with unsafe or non-compliant building products.

It establishes a statutory obligation that building products must be safe and fit for purpose.

It introduces a defined “chain of responsibility” applying concurrent and non-transferable duties to:

• Designers
• Manufacturers
• Importers
• Suppliers
• Installers
• Specifiers

Responsibility cannot be contractually displaced.

The regulator is empowered to ban unsafe products and publish those bans. Risk-based certification pathways allow higher scrutiny for high-risk product classes.

This Part moves product compliance from reactive enforcement toward proactive statutory accountability.

PART 4 — Control of Building Work

Lifecycle Regulation from Design to Occupation

Part 4 constitutes the operational core of the Act.

It includes:

• Mandatory building permits and inspections
• Certified design documentation
• Risk-calibrated inspection regimes
• Joint final inspections for high-risk buildings
• Occupancy permits prior to lawful use
• Comprehensive building manuals
• Adjoining property protection regimes
• Ongoing maintenance obligations
• Digital lifecycle building records

Inspection intensity is correlated with building risk classification.

Digital recordkeeping ensures long-term traceability and transparency.

By extending regulatory obligations beyond construction completion, this Part institutionalises lifecycle accountability.

PART 5 — Registration of Building Practitioners

Competence, Insurance and Professional Discipline

Part 5 establishes a statutory registration and discipline framework for practitioners.

It requires:

• Prescribed qualifications
• Insurance coverage
• Fit and proper person assessment
• Continuing professional development

The Building Practitioners Board is empowered to impose conditions, investigate misconduct, suspend or cancel registration and disqualify practitioners.

Procedural fairness is embedded through structured processes.

This Part aligns technical competence, ethical conduct and financial responsibility within statutory design.

PART 6 — Liability

Civil Accountability and Financial Sustainability

Part 6 introduces proportionate liability for building claims. However, it is also recognised that there is a note to that effect that some jurisdictions maintain the doctrine of joint and several liability.

Liability is apportioned according to degree of fault. Concurrent wrongdoers are responsible only for their share.

Contracting out of the regime is prohibited.

A 10-year long-stop limitation period applies to claims for economic loss.

Practitioners are required to maintain prescribed insurance.

This Part balances fairness to claimants with industry sustainability and insurability.

PART 7 — Building Appeals Tribunal and Dispute Resolution

Specialist Oversight and Dispute Resolution

Part 7 establishes a dedicated Building Appeals Tribunal.

It provides jurisdiction over:

• Permit and occupancy decisions
• Rectification orders
• Disciplinary determinations
• Adjoining property disputes

The Tribunal may conduct hearings, facilitate mediation, compel evidence and engage expert advice.

Decisions are enforceable and subject to appeal to a superior court.

This structure promotes consistency, technical competence and accessible dispute resolution.

PART 8 — Compliance and Enforcement

Operational Authority and Corrective Powers

Part 8 provides the enforcement architecture necessary for regulatory effectiveness.

It empowers issuance of:

• Building notices
• Building orders
• Emergency orders

It confers audit powers, investigative authority, entry powers, cost recovery mechanisms and serious sanctions for non-compliance.

This Part ensures the regulatory framework operates in practice, not merely in principle.

PART 9 — Role of Minister

Executive Oversight

Part 9 defines ministerial responsibility for administration of the Act.

It permits issuance of lawful guidelines and policy directions while preserving operational independence of the regulator.

It balances democratic accountability with regulatory integrity.

PART 10 — Model Building Regulations

Technical Adaptability

Part 10 enables detailed regulation-making.

It allows incorporation of local building codes, performance standards, practitioner classifications, exemptions and administrative detail.

This ensures technical adaptability without repeated amendment of primary legislation.

PART 11 — Review

Institutionalised Legislative Renewal

Part 11 mandates statutory review every five years.

It requires consultation and consideration of technological, industry and regulatory developments.

Continuous improvement is embedded within the legislative design.

SIGNIFICANCE

The IBQC Model Building Act represents the first coordinated international effort to produce a model building act for consideration in reforming jurisdictions.

It integrates governance, product regulation, practitioner oversight, lifecycle control, liability reform and enforcement within a single coherent legislative framework.

It is grounded in comparative international experience and has been drafted with parliamentary counsel skill sets.

It addresses systemic regulatory architecture rather than isolated policy reform.

It provides jurisdictions with a structured legislative foundation capable of supporting durable, risk-based building control systems.

AUTHORSHIP STATEMENT

This Briefing Memorandum has been prepared and published by Lovegrove & Cotton Construction & Planning Lawyers.

The purpose of this memorandum is to provide an aide memoire with respect to the summarising of key aspects of the International Building Quality Centre (IBQC) Model Building Act.

The Model Building Act itself is an instrument developed under the auspices of the International Building Quality Centre.

This memorandum is a professional explanatory companion document prepared by Lovegrove & Cotton to assist policymakers, regulators, professional bodies and industry participants in understanding the structure, reform rationale and legislative architecture of the Model Building Act.

Lovegrove & Cotton has been engaged in building control law and legislative reform initiatives for nearly three decades. The firm’s original incarnation, Lovegrove Solicitors, was established in 1993 and was directly involved in foundational building control and proportionate liability reform initiatives.