The Premises for Not Being On Premises: The Case for Virtual Building Inspections
Publication: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15, Issue 1
Abstract
In Australia, building surveyors and inspectors perform the statutory duty of carrying out mandatory inspections. Some of these duties involve making firm decisions with serious implications. In recent years, at least two life-threatening cases against government officials have occurred; they involved a building inspector and an environmental officer. The increasing complexity of building inspections, in which building surveyors/inspectors operate in hostile environments, requires radical rethinking around the need for in-person inspections. The state of Victoria is on the cusp of making major changes that could reassign the majority of building inspection work currently undertaken by private building surveyors and inspectors to be under the council in the next 1–2 years. The additional workload for the council and increased strictness by them makes it all the more pertinent to consider the possibility of technological aids. To address present and emerging concerns around the safety and inefficiency of in-person inspections, this study explains the merit behind the proposed adoption of reality capture as a collaborative virtual preinspection tool that commences with ubiquitous reality capture for virtual preinspection and concludes with a mandatory in-person inspection.
Get full access to this article
View all available purchase options and get full access to this article.
Data Availability Statement
No data, models, or code were generated or used during the study.
Acknowledgments
This paper is part of ongoing research and development at Victoria University Recover, Innovate, Sustain & Evolve (VU RISE) Sustainable Futures Hub for the project Digital Transformation of Construction Industry for Improved Quality & Safety. Research funding has been awarded by the Victorian State Government.
References
List of Cases
DPP v. Black (2016) VSC 564.
R v. Turnbull (2016) 26 NSWSC 847.
Toomey v. Scolaro’s Concrete Constructions Pty Ltd. (in liq) (2001) 2 VSC 279.
List of Statutes
Building Act 1993 (Vic).
Building Regulations 2018 (Vic).
Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW).
Works Cited
Bashan, Y. 2020. Blitz on dodgy developers. Canberra, Australia: The Australian.
Bavas, J. 2021. “Buyers blocked from moving into Castle Hill apartment tower after ‘extensive signs of cracking’ found—ABC news.” Accessed June 19, 2021. https://amp-abc-net-au.cdn.ampproject.org/c/s/amp.abc.net.au/article/100223462.
Billings, P. 2016. Carrying the cam. Hobart, Australia: The Mercury.
Bleby, M. 2020. “Sweeping new powers for NSW building regulator.” Accessed November 10, 2021. https://www.afr.com/property/commercial/sweeping-new-powers-for-nsw-building-regulator-20200603-p54z1s.
Building Reform Expert Panel. 2021. Framework for reform: Modernising Victoria’s building system. Melbourne, Australia: Victoria State Government.
Chandio, M. T., N. Zafar, and G. M. Solangi. 2021. “Bloom’s taxonomy: Reforming pedagogy through assessment.” J. Educ. Educ. Dev. 8 (1): 109–140.
Chandler, D. 2021. “Risky tower developers know their number’s up.” Accessed October 18, 2021. https://www.smh.com.au/national/nsw/risky-tower-developers-know-their-number-s-up-20211015-p590aw.html.
Cialini, A. 2021. “VBA: The code of conduct for building surveyors.” Accessed May 14, 2021. https://buildingconnection.com.au/2021/05/10/vba-the-code-of-conduct-for-building-surveyors/.
Clure, E. 2017. “They will not be able to show their faces’: Labor rejects union ABCC threat.” Accessed October 18, 2022. https://www.abc.net.au/news/2017-06-21/labor-leaders-reject-cfmeu-boss-john-setkas-abcc-threat/ 8638462.
Cupix. 2022. “Build smart with Cupix.” Accessed April 23, 2022. https://www.cupix.com/.
DELWP (Department of Environment, Land, Water and Planning). 2017. “Victorian cladding taskforce interim report.” Accessed October 18, 2022. https://www.planning.vic.gov.au/__data/assets/pdf_Lle/0016/90412/Victorian-Cladding-Taskforce-Interim-Report-November-2017.pdf.
DELWP (Department of Environment, Land, Water and Planning). 2021. “Banning dangerous cladding and keeping Victorians safe.” Accessed October 18, 2022. https://www.premier.vic.gov.au/sites/default/files/2021-01/210201%20-%20Banning%20Dangerous%20Cladding%20And%20Keeping%20Victorians%20Safe.pdf.
Fellner, C. 2021. “Sydney building ‘nightmare’ set to cost Maryam her life savings.” Accessed March 24, 2021. https://www.smh.com.au/national/nsw/sydney-building-nightmare-set-to-cost-maryam-her-life-savings-20210319-p57cb5.html.
Fellner, C., and N. Gladstone. 2019. Six certifiers leave behind a trails of chaos. NSW Australia, Australia: Sydney Morning Herald.
Frew, W. 2021. “NSW building commissioner David chandler, two years in, on the bouquets and brickbats.” Accessed November 10, 2021. http://thefifthestate.com.au/innovation/residential-2/nsw-building-commissioner-david-chandler-two-years-in-on-the-bouquets-and-brickbats/.
Fried, J., and D. H. Hansson. 2010. Rework. New York: Crown Business.
Gorrey, J. S. 2019. “‘Builder couldn’t read plans’: Commissioner slams Sydney’s building debacle.” Accessed February 10, 2020. https://www.smh.com.au/national/nsw/builder-couldn-t-read-plans-commissioner-slams-sydney-s-building-debacle-20190816-p52hs9.html.
Greenbank, A. 2021. “Parliamentary hearing told real estate agents failing to warn apartment buyers of serious defects.” Accessed October 18, 2022. https://www.abc.net.au/news/2021-10-27/sydney-real-estate-agents-fail-to-warn-buyers-of-seriousdefects/100574372.
Hannan, E. 2020. High-stakes union war. Canberra, Australia: The Australian.
Holden, K. 2021. The winter road. Carlton, Australia: Black Inc.
Kidd, J. 2020. “Sydney’s dodgy developers to be rated and ‘blocked’ under proposed new laws.” Accessed February 3, 2020. https://www.abc.net.au/news/2020-01-21/nsw-government-proposes-new-construction-crackdown/11884852.
Law, T. 2021. “Beyond minimum: Proposition for building surveyors to exceed the minimum standards of the construction code.” J. Leg. Affairs Dispute Resolut. Eng. Constr. 13 (2): 03721001. https://doi.org/10.1061/(ASCE)LA.1943-4170.0000463.
Liddy, W. 2020. Back to the future in Victoria? Gordon, Australia: Australian Institute of Building Surveyors.
Matterport. 2021. “How it works.” Accessed November 12, 2021. https://matterport.com/how-it-works.
McCarthy, J. 2020. “Cleaning up the mess of a troubled building industry.” Accessed February 28, 2020. https://www.newcastleherald.com.au/story/6647180/cleaning-up-the-mess-of-a-troubled-building-industry/.
McIlveen, L. 2007. Union death threat—Police look into official’s warning to inspector. Surry Hills, Australia: The Daily Telegraph.
McKenzie, N., and R. Baker. 2014. “CFMEU veteran received death threats after blowing whistle.” Accessed August 20, 2021. https://www.smh.com.au/national/cfmeu-veteran-received-death-threats-after-blowing-whistle-20140128-31kvb.html.
Metherell, L. 2014. “PM—Australian broadcasting corporation.” In Govt signals royal commission into unions is likely amid revelations of CFMEU corruption. Sydney, Australia: Australian Broadcasting Corporation.
Nat Andrews. 2022. “LinkedIn post.” Accessed May 18, 2022. https://www.linkedin.com/feed/update/urn:li:activity:6930608394366058496/#.
NSW Fair Trading. 2021. “Residential apartment buildings (Compliance and Enforcement Powers) act orders register.” Accessed November 8, 2021. https://www.fairtrading.nsw.gov.au/help-centre/online-tools/rab-act-orders-register.
Oakley, M., and A. Gadiel. 2021. “Building commissioner is flexing his new legal muscle.” Accessed November 10, 2021. https://www.lexology.com/library/detail.aspx?g=66cf9d01-945f-4320-a68f-5213490fb1ed.
O’Sullivan, M. 2021a. “Apartment complex in Sydney’s north latest to fall foul of watchdog.” Accessed July 21, 2021. https://www.smh.com.au/national/nsw/apartment-complex-in-sydney-s-north-latest-to-fall-foul-of-watchdog-20210720-p58bap.html.
O’Sullivan, M. 2021b. “Certifier of Sydney’s ‘worst’ apartment complex banned.” Accessed November 5, 2021. https://www.smh.com.au/national/nsw/certifier-of-sydney-s-worst-apartment-complex-banned-20211103-p595px.html.
O’Sullivan, M. 2021c. “Developer forced to fix serious defects in two Parramatta apartment towers.” Accessed July 21, 2021. https://www.smh.com.au/national/nsw/developer-forced-to-fix-serious-defects-in-two-parramatta-apartment-towers-20210630-p585km.html.
O’Sullivan, M. 2021d. “‘Most risky’ certifiers of NSW apartment buildings in watchdog’s sights.” Accessed August 30, 2021. https://amp-smh-com-au.cdn.ampproject.org/c/s/amp.smh.com.au/national/nsw/most-risky-certifiers-of-nsw-apartment-buildings-in-watchdog-s-sights-20210825-p58lp5.html.
Pike, B., and M. Damo. 2021. Calls to clamp down on ‘risky’ private building certifiers. Surry Hills, Australia: The Daily Telegraph.
Richards, E. 2002. “A time to review training in statutory decision-making.” Environ. Health 2 (2): 11.
Schubert, M. S. 2007. “Union row after death threat claim.” Accessed August 20, 2021. https://www.theage.com.au/national/union-row-after-death-threat-claim-20070605-ge521j.html.
Shergold, P., and B. Weir. 2018. “Building confidence: Improving the effectiveness of compliance and enforcement systems for the building and construction industry across Australia.” Accessed October 18, 2022. https://www.industry.gov.au/sites/default/Lles/July%202018/document/pdf/building_ministers_forum_expert_assessment-building_conLdence.pdf.
State Government of Victoria. 2021. “Expert panel’s comprehensive review of Victoria’s building system.” Accessed November 11, 2021. https://engage.vic.gov.au/expert-panels-comprehensive-review-victorias-building-system.
Taylor, S. J. 2017. “‘I’ll smash your teeth in: Parking inspectors report abuse, stalking, death threats.” Accessed October 18, 2022. https://www.abc.net.au/news/2017-11-01/canberra-parking-inspectors-report-violent-abuse-deaththreats/9102900.
Tran, D. 2021. “Corkman pub demolition developers lose appeal against jail sentence, $400k fine—ABC News.” Accessed September 11, 2021. https://amp-abc-net-au.cdn.ampproject.org/c/s/amp.abc.net.au/article/100446106.
VBA (Victorian Building Authority). 2015. Guide to standards and tolerances 2015. Docklands, VIC, Australia: VBA.
VBA (Victorian Building Authority). 2018. Practise Note 69: Mandatory notification stages and inspection of building work. Docklands, VIC, Australia: VBA.
VBA (Victorian Building Authority). 2020. Guideline for the conduct of non-mandatory remote video inspections (RVIs). Docklands, VIC, Australia: VBA.
VBA (Victorian Building Authority). 2021. Building practice note BP-15: Certificates of compliance. Docklands, VIC, Australia: VBA.
Waters, C. 2021. “‘Ghost town’ warning as offices built without workers to fill them.” Accessed November 15, 2021. https://www.theage.com.au/national/victoria/ghost-town-warning-as-offices-built-without-workers-to-fill-them-20211111-p5981g.html.
Williams, S. 2021. “Meet the man on a mission to restore buyers’ trust in off-the-plan homes.” Accessed November 10, 2021. https://www.domain.com.au/news/david-chandler-the-man-on-a-mission-to-restore-buyers-trust-in-off-the-plan-developments1086510/.
Wong, L. 2020. “Grant’s office didn’t renew its lease in Melbourne CBD when COVID hit. They may never go back.” Accessed October 18, 2022. https://www.abc.net.au/news/2020-11-29/covid-leaves-melbournes-cbd-ofLces-largely-empty/12923844.
Information & Authors
Information
Published In
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
Volume 15 • Issue 1 • February 2023
Copyright
© 2022 American Society of Civil Engineers.
History
Received: Jan 27, 2022
Accepted: Aug 18, 2022
Published online: Oct 31, 2022
Published in print: Feb 1, 2023
Discussion open until: Mar 31, 2023
ASCE Technical Topics:
Authors
Metrics & Citations
Metrics
Citations
Download citation
If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.