Author: lauraj

Policy and Advocacy Update

 

November 2018

The Institute continues to prioritise advocacy and government relations efforts as we strive to deliver our key priorities as part of the Institute’s Strategic Plan. The National Policy Manager, Leanne Hardwicke, is working with the National Policy Review Committee to keep up the momentum on updating the Institute’s policies and advocacy points and continues to work on national advocacy efforts.

Since our last update, we have advocated at a national, state and territory level on several issues:

 

Banking Royal Commission

The Institute joined forces with Architeam Cooperative and the Association of Consulting Architects Australia to provide a submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. The submission provided comments on the unfair treatment of industry standard construction contracts by banks, saying discriminatory behaviour towards architects and architect-administered contracts increase the risk to architects, consumers, builders and the banks themselves. It urged the Royal Commission to examine this issue with a view to making recommendations that improve the attitude of the banks towards architect-administered construction contracts; and cease the practice of forcing architects, consumers and builders to use construction contracts that create more risk to them and add to the overall project cost.

 

Australian War Memorial

The Institute has criticised plans to demolish the award-winning Anzac Hall unveiled by the Australian War Memorial. While fully supporting moves to honour and better tell the stories of Australia’s servicemen and women, the Institute expressed shock at the lack of consultation with the community, the Institute and the architectural moral rights holders of the existing structure. The Institute offered to work with the Federal Government and the Australian War Memorial’s management to find an acceptable alternative.

 

Victoria

Victorian election

The Victorian Chapter released its state election policy aimed at maintaining the momentum of the past three years in achieving better design outcomes. The document called on all parties to commit to a strong office of the Victorian Government Architect, improved procurement practices, better design standards and more affordable housing.

 

Fishermans Bend Framework

The Victorian Chapter has welcomed the government’s decision to establish an interim, industry-led design advisory committee and include mandatory provisions for affordable housing at Fishermans Bend. The result of months of stakeholder and public consultation, the framework was developed by a planning review panel created in February following concerns expressed by the Institute and other stakeholders together with the community. The chapter says the design advisory committee will help promote holistic and thoughtful design solutions for the site, embracing sustainability goals and recognising the significance of Fishermans Bend for a growing Melbourne.

 

Build-to-Rent

The Victorian Chapter has also welcomed the state government’s move to bring Build-to-Rent to the state, saying it will help provide more quality, sustainable housing for Victorians. The chapter says Build-to-Rent is about choice and will ensure the state’s housing supply grows in line with Victoria’s exponential population growth. The chapter has encouraged the government to provide incentives linked to specific design and sustainability outcomes, supported by enhanced tax revenue from development for re-investment in public benefit initiatives and infrastructure.

 

Australian Capital Territory

Architects’ registration

The ACT Chapter responded to criticism from the ACT branches of the Construction, Forestry, Maritime, Mining and Energy Union and Master Builders Association of the territory’s contractor licensing regime, which erroneously associated architects with unlicensed contractors. In a letter to the Canberra Times, the chapter rebutted the claims, pointing out the registration requirements for architects as opposed to unregulated trades such as water proofers, carpenters, painters and concreters. The chapter also reiterated its ongoing call for increased regulation of the building system in the ACT, including the introduction of regulation for building trades and professionals who are currently unregulated to ensure appropriate consumer protection.

 

New South Wales

Sydney Opera House sails

The NSW Chapter voiced its support for Sydney Opera House chief executive Louise Herron in upholding the policy of her organisation and opposing the use of the sails of the World Heritage-listed building. The chapter expressed disappointment that the NSW Government had intervened and instructed the Opera House management to allow its sails to be lit up with commercially driven material.

 

Design excellence competition guidelines

The NSW Chapter provided feedback on the Draft Government Architect’s Design Excellence Competition Guidelines. In a submission to the Government Architect NSW, the chapter said, with the growing use of design competitions as a procurement method, the updated guidelines would be of increasing value and importance for architects, proponents, consent authorities and the wider public, as well as for the quality and character of the built environment. The chapter offered broad support for the guidelines, with recommendations expressly intended to strengthen provisions already present in some cases and additional provisions in others.

 

Queensland

Broadway Hotel, Woolloongabba

The Queensland Chapter raised concerns about the future of the Broadway Hotel at Woolloongabba after it was extensively damaged by fire in September. The chapter wrote to the Brisbane City Council, urging it to take urgent action to defend the significant heritage values of the buildings and commended the state’s Minister for Environment and Science for pre-empting any moves to demolish the building. The chapter urged the council to issue an enforcement notice under Section 248 of the Building Act 1975 to the owner of the property to enforce their responsibilities regarding the safety and preservation of the site.

 

South Australia

Planning policies

The South Australian Chapter convened a taskforce to work on Institute responses to the review of the draft State Planning Policies. The taskforce has reviewed all of the policies and selected six of the most relevant policies for detailed response: integrated planning, design quality, adaptive re-use, housing supply and diversity, cultural heritage and strategic transport infrastructure. The chapter provided feedback on the selected policies at a detailed editorial level, explaining its key objectives and offering suggestions on specific alterations, deletions and inclusions to the text of the policies themselves.

The chapter also provided a separate submission on the associated Assessment Pathways discussion paper, which provides an overview of the new development application process under the revised planning process review.

 

Accredited professional scheme

The planning taskforce with the South Australian Chapter also reviewed the Accredited Professional Scheme Draft. The Institute raised several pointed aimed at improving the efficiency of the Accredited Professional Scheme without compromising its effectiveness. The chapter says the regulation already applicable to the architecture profession largely satisfies the requirements of the PDI Act and should be recognised to prevent duplication and reduce the costs of implementing and administering the Accredited Professional Scheme.

 

Performance indicators

The SA Chapter provided a submission on the Performance Indicators Discussion Paper, which proposes an e-based system giving users the ability to customise reports to represent data that is most relevant to them. The submission described this as a positive move but suggested the measures of success for the system should include quality of the outcomes as well as looking at how many or how quickly applications received approval. The chapter suggested considering ways of setting performance targets for built outcomes and measuring them as well to provide quantifiable evidence of whether the quality of life, property and sustainability for the community is improving through development decisions.

 

Tasmania

Building Heights

The Tasmanian Chapter provided a submission to the Hobart City Council’s review of building height standards in the city centre. The chapter registered its support for the recommended planning scheme amendments and encouraged the council to consider amendments to enable an appropriate increase in residential density in the inner suburbs to meet the current housing demand.

 

Tendering

The Tasmanian Chapter has raised concerns with the Central Coast Council in relation to a recent open tender for the $7.5 million Ulverstone Cultural Precinct. The chapter wrote to the council, outlining a range of issues with the tender and offering support in any review of the tender documents.

 

Planning

The Tasmanian Chapter provided a submission on the ongoing overhaul of the state’s planning laws.
The proposed amendments to the Land Use Planning and Approvals Act 1993 (LUPA Act) and the Tasmanian Planning Commission Act 1997 (TPC Act) to be included in the Land Use Planning and Approvals Amendment (Tasmanian Planning Policies and Miscellaneous Amendments) Bill 2018 (TPP Bill) are largely administrative. The chapter expressed general support for the measures to streamline the process, make it more efficient and remove duplication, but suggested some clarification to ensure the public interest is not adversely affected.

 

Western Australia

Western Australian planning system

The WA Chapter responded to the State Government’s green paper, Modernising Western Australia’s Planning System. The chapter expressed support for the paper’s basic tenet – the need for the state’s planning regime to be refocussed and prioritised towards a more strategic planning model. However, the chapter has outlined a number of concerns and a series of recommendations it would like to see incorporated into the state’s future planning and design policy framework..

 

Central Park refurbishment and Brian McKay Artwork

The WA Chapter has registered its support for the retention of the Brian McKay murals in the Central Park building, amid rumours they will be destroyed in a planned refurbishment. The chapter requested that the Heritage Council do all that it can to help protect the murals and the original intent of the project and offered its assistance to achieve this.

From the National President

Clare Cousins

 

12 Nov 2018

The last month has been both an exhilarating and challenging time for Australian architecture.

National Architecture Awards
It was wonderful seeing many of you at the Institute’s 2018 National Architecture Awards, where we could come together and celebrate the amazing achievements of Australia’s architects and our international members.

I’d like to take this opportunity to thank every architect and practice who entered, the juries and the Institute staff.

Demolition of Anzac Hall
The Institute was disturbed to hear the Prime Minister’s recent announcement that the Australian War Memorial’s Sir Zelman Cowen Award-winning Anzac Hall, just 17 years old, would be demolished to make way for a new, larger building.

While we recognise and support the vital importance of properly honouring our service men and women, we are saddened and angered that the proposed redevelopment fails to consider options that would allow for Anzac Hall’s preservation.

This appears to be part of an emerging pattern where great public architecture is not appropriately valued or respected by our politicians. To demolish Anzac Hall would not only represent wanton waste but illustrate flagrant disregard and disrespect for our craft. It also raises concern as to what iconic buildings may come next.

I met with Australian War Memorial director, Dr Brendan Nelson, last Wednesday to discuss our concerns, together with ACT Chapter President Philip Leeson and Adrian FitzGerald from Denton Corker Marshall.

Our sense coming out of the meeting with Dr Nelson is that he and the AWM Board and management have no intention of reconsidering their intention to demolish Anzac Hall. This is despite Dr Nelson advising us that some 18 designs were considered, 17 of which allowed for the preservation of the existing structure. We understand at least one of these alternatives was also more cost effective.

Needless to say, we will continue to contest this approach so stay tuned for how you can lend your support. A huge thanks to those local members who turned out at short notice in the rain on Wednesday – it was terrific to get some continued media coverage of our message.

Competitions
Another growing issue for the Institute is what appears to be an increasing tendency to seek out the so-called ‘cache’ of overseas architects for major new public buildings. We are putting governments around the country on notice that the Institute will accept nothing less than a full, fair and transparent process for each and every competition they run – especially those funded by the taxpayer.

The architectural profession in Australia demonstrably has the talent, capability and capacity to compete at the highest levels alongside international counterparts.

While we would never seek to exclude our overseas colleagues from participating, the Institute will call out any suspected bias or government-directed preference for an overseas architect over an Australian architect, for any reasons other than a fair, peer-judged process of merit.

The Institute has a robust competitions policy and guidelines which competitions need to comply with in order to be endorsed. Any significant departure from this policy risks the Institute and its members’ endorsement being lost.

We acknowledge the NSW Government’s engagement with the Institute to date regarding the Applied Arts and Sciences (MAAS) at Paramatta competition and look forward to seeing full compliance on this and in all other competitions around the country.

Submission to the Royal Commission
Following our submission to the Royal Commission I recently met with Anna Bligh, CEO of the Australian Banking Association, to discuss our concerns with the increasing discrimination by banks of architect-administered construction contracts.

Ms Bligh was receptive to our concerns and agreed to raise the issues we discussed with a number of lenders. It was a very positive meeting, and we hope to be able to work collaboratively with the ABA to inform lenders of the value of architect-administered contracts in lowering their risk profile. We will keep you informed of progress.

Clare Cousins
National President

Rigour and reimagining: Winners shine at 2018 National Architecture Awards

From the rugged Tasmanian coast to the soaring skyscrapers of Spring Street, the winners of this year’s Australian Institute of Architects’ National Architecture Awards have shown how a defined sense of place, commitment to sustainability and professional ingenuity continue to drive innovation and transformation in Australian architectural practice.

The winners of 12 named awards, 20 national awards and eight national commendations have been revealed in Melbourne tonight from a shortlist of 69 projects drawn from a total entry pool of 975. Regional projects were once again well-represented on the winners list demonstrating that award-winning design is not confined to the major metropolitan centres.

Jury chair and Immediate Past President Richard Kirk said the Awards provided an opportunity to reflect on how Australia’s diverse landscapes, urban environments and economic conditions influence and inform our architecture, enriching our culture.

‘The opportunity to visit each project was priceless and illustrated the vibrant, creative, intelligent and uniquely Australian work our architects are producing,’ Kirk said.

‘Projects at this level are all accomplished but it was those that could demonstrate their value broadly, beyond the limits of the brief and the confines of the site, which were nationally recognised.

‘Most impressive were projects that established new design benchmarks and whose influence can be of value to the broader community, leading to positive change in our built environment.

‘For the jury, it was important that all the awarded projects implemented sustainability initiatives at a conceptual level, taking a holistic approach. It was impressive to see the growing sophistication and ingenuity in this domain.’

Kirk noted entries in Public Architecture and Residential Architecture – Multiple Housing, were especially strong this year, presenting ‘an array of formidable projects’ that demonstrated ‘great diversity, innovation and maturity’.

The Sir Zelman Cowen Award for Public Architecture was awarded to Silver Thomas Hanley with Bates Smart for Bendigo Hospital, described as ‘permeable and inviting, with a restrained demeanour that sensitively acknowledges that the hospital can be a place of life-changing events’. National Awards were also presented to Joynton Avenue Creative Centre and Precinct by Peter Stutchbury Architecture in association with Design 5 – Architects for City of Sydney; Optus Stadium by HASSELL COX HKS; and Punchbowl Mosque by Candalepas Associates.

The Frederick Romberg Award for Residential Architecture – Multiple Housing was awarded to 35 Spring Street by Bates Smart, a 44-storey luxury apartment tower on the edge of Melbourne’s CBD. Designed with the location’s history in mind, the tower’s facade reflects a layering of fabric inspired by the bygone rag trade of Flinders Lane and the masonry patterning of Spring Street’s significant political buildings. National Award winners included Nightingale 1 by Breathe Architecture and Short Lane by Woods Bagot, with National Commendations going to Campbell Street by DKO Architecture and SLAB and M3565 Main Beach by Virginia Kerridge Architect.

The sought-after Robin Boyd Award for Residential Architecture – Houses (New) was awarded to House on the Coast by Sean Godsell Architects, ‘an exploration of refinement and reduction’ embracing ‘singular form and intense detailing … from which to engage with the beautiful coastal landscape’. The Eleanor Cullis-Hill Award for Residential Architecture – Houses (Alterations & Additions) was presented to Laneway House by Jon Jacka Architects, which boasts a verdant planted roof adding privacy and a beautiful view to the restricted inner-city space.

One of this year’s most moving projects was the winner of the Nicholas Murcutt Award for Small Project Architecture, krakani lumi (place of rest) by Taylor and Hinds Architects with the Aboriginal Land Council of Tasmania. The jury described the three-part experience as a work of genuine collaboration between the traditional owners and architects, ‘a compelling example of excellence in architecture and respect’.

National President Clare Cousins congratulated all award recipients and finalists for their valuable contribution to Australian architectural practice.

‘In Australia, we have developed our own brand of architecture that defines who we are and where we come from,’ she said.

‘These awards are the most recognised and competitive in the industry. They are peer-judged and involve an exhaustive selection process, with site visits to shortlisted projects, allowing the jury to experience the quality of the work firsthand.

‘They showcase the continuing evolution and diversity of our craft and the changing needs of our society, illustrating the vital role architecture plays in the lives of all Australians.’

 

Full list of winners:

Commercial Architecture

The Harry Seidler Award – Barwon Water by GHDWoodhead (VIC)

National Award – International House Sydney by Tzannes (NSW)

National Commendation – Australian Federal Police Forensics and Data Centre by HASSELL (ACT)

National Commendation – Barangaroo House by Collins and Turner (NSW)

 

Educational Architecture

The Daryl Jackson Award – New Academic Street, RMIT University by Lyons with NMBW Architecture Studio, Harrison and White, MvS Architects and Maddison Architects (VIC)

National Award – Monash University Learning and Teaching Building by John Wardle Architects (VIC)

National Award – Macquarie University Incubator by Architectus (NSW)

National Commendation – Highgate Primary School New Teaching Building by iredale pedersen hook architects (WA)

 

Enduring Architecture

National Award – Townsville Courts of Law – Edmund Sheppard Building by Hall, Phillips and Wilson Architects Pty Ltd (QLD)

 

Heritage

The Lachlan Macquarie Award – Joynton Avenue Creative Centre and Precinct by Peter Stutchbury Architecture in association with Design 5 – Architects for City of Sydney (NSW)

National Award – The Cadogan Song School by Palassis Architects (WA)

 

Interior Architecture

The Emil Sodersten Award – 75 Myrtle Street, Chippendale by Tonkin Zulaikha Greer Architects (NSW)

National Award – Monaro Mall, Canberra Centre by Universal Design Studio and Mather Architecture (ACT)

National Award – Monash University Learning and Teaching Building by John Wardle Architects (VIC)

National Commendation – Gold Coast Sports and Leisure Centre by BVN (QLD)

 

International Architecture

The Jørn Utzon Award – Australian Embassy Bangkok by BVN (Thailand)

Australian Award – School-in-a-Box by Stephen Collier Architects (PNG)

 

Public Architecture

The Sir Zelman Cowen Award – Bendigo Hospital by Silver Thomas Hanley with Bates Smart (VIC)

National Award – Joynton Avenue Creative Centre and Precinct by Peter Stutchbury Architecture in association with Design 5 – Architects for City of Sydney (NSW)

National Award – Optus Stadium by HASSELL COX HKS (WA)

National Award – Punchbowl Mosque by Candalepas Associates (NSW)

 

Residential Architecture – Houses (Alterations and Additions)

The Eleanor Cullis-Hill Award – Laneway House by Jon Jacka Architects (NSW)

National Award – Gibbon St by Cavill Architects (QLD)

National Commendation – King Bill by Austin Maynard Architects (VIC)

 

Residential Architecture – Houses (New)

The Robin Boyd Award – House on the Coast by Sean Godsell Architects (VIC)

National Award – Cabbage Tree House by Peter Stutchbury Architecture (NSW)

National Commendation – Compound House by March Studio (VIC)

 

Residential Architecture – Multiple Housing

The Frederick Romberg Award – 35 Spring Street by Bates Smart (VIC)

National Award – Nightingale 1 by Breathe Architecture (VIC)

National Award – Short Lane by Woods Bagot (NSW)

National Commendation – Campbell Street by DKO Architecture and SLAB (VIC)

National Commendation – M3565 Main Beach by Virginia Kerridge Architect (QLD)

 

Small Project Architecture

The Nicholas Murcutt Award – krakani lumi by Taylor and Hinds Architects with the Aboriginal Land Council of Tasmania (TAS)

National Award – Cottesloe Lobby and Landscape by Simon Pendal Architect (WA)

National Award – Northshore Pavilion by Anna O’Gorman Architect (QLD)

 

Sustainable Architecture

The David Oppenheim Award – Nightingale 1 by Breathe Architecture (VIC)

National Award – Barwon Water by GHDWoodhead (VIC)

National Award – Synergy by BVN (ACT)

 

Urban Design

The Walter Burley Griffin Award – Darling Harbour Transformation by HASSELL/HASSELL + Populous (NSW)

National Award – New Academic Street, RMIT University by Lyons with NMBW Architecture Studio, Harrison and White, MvS Architects and Maddison Architects (VIC)

 

COLORBOND® Award for Steel Architecture

The COLORBOND® Award – Optus Stadium by HASSELL COX HKS (WA)

 

People’s Choice Award

Winner – Cabbage Tree House by Peter Stutchbury Architecture (NSW)

 

2018 National Jury

 

Richard Kirk (Chair) – Immediate Past President of the Australian Institute of Architects; Director, KIRK

Jill Garner – Victorian Government Architect
Katelin Butler – Editorial Director, Architecture Media
Charles Wright – Director, Charles Wright Architects

Kevin O’Brien – Principal, BVN

Advocacy Update: Building Safety – Cladding

 

Following on from our original 2017 Member Alert on non-conforming building products, the use of flammable cladding on the facade of Australian buildings has come under further scrutiny.

There has been widespread removal and replacement of non-compliant cladding. Building owners are commencing legal proceedings against building professionals, including architects, to recover costs of dealing with aluminium composite panel (ACP) and expanded polystyrene (EPS) products in their buildings. In large buildings, such claims amount to many millions of dollars.

As well, strict controls are being placed on future use of ACP and EPS products, particularly in high-rise buildings. The insurance market has also changed considerably.

Many statements are being made about ACP and EPS products, which should be treated with caution and should be scrutinised by expert consultants.

As practising architects, you would be aware of your responsibilities to meet your professional competencies and to perform your professional services with reasonable skill, care and diligence, and you should take measures to ensure that you do not expose yourself to future risks of specifying non-compliant cladding.

The following is a summary of recent changes in the legislative and insurance environments as well as links for members to obtain further information.

 

Legislative change

Some of the latest legislative initiatives include the following:

    • Amendment to the BCA with respect to bonded laminate products. These amendments also introduced a new verification method, CV3, which requires testing under AS5113 in conjunction with other specified protections.
    • The introduction of an Australian Standard (AS5113) for full facade fire testing.
    • In Victoria, the introduction of Ministerial Guideline 14 in relation to building permits for the use of Prescribed Combustible Products, which requires approval from the Building Appeals Board before using certain ACP and EPS products on certain multi storey buildings.
    • The NSW Commissioner for Fair Trading imposed a building product use ban to prohibit the use of aluminium composite panels with a core comprised of greater than 30 per cent polyethylene by mass in any external cladding, external wall, external insulation, facade or rendered finish in certain multi storey buildings, subject to specific exceptions. The cladding taskforce has completed its assessment of over 1500 buildings with 400 more to be assessed.
    • The Queensland government introduced Non-Conforming Building Products ‒ Chain of Responsibility legislation introducing various duties regarding building products upon supply chain participants in the ‘chain of responsibility’ (designers, manufacturers, importers, suppliers and installers of building products) and established a Building Products Advisory Committee. They have also introduced the Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld).
    • The Tasmanian government is proposing to strengthen its regulations to provide guidance on how cladding should be accredited, installed and used.
    • Audits continue in South Australia with 77 buildings currently requiring further assessment to determine if they need remedial works. The government has introduced the Development (Building Cladding) Variation Regulation 2018.
    • In Western Australia, audits continue with risk assessments to be performed over 242 buildings. The Building Amendment Regulations (No 2) 2018 make it mandatory to have cladding products tested to meet the new verification method CV3 if using a performance solution to meet performance requirement CP2 of the Building Code of Australia.
    • In the ACT, audits continue with a review group established to help guide the ACT government on whether manner of installation poses an unacceptable risk to occupants.

 

A more complete legislative update, current to September 2018, can be found on the MinterEllison website.

 

Insurance

The cost of insurance and corresponding excess contributions are rising rapidly for residential owners’ corporations and bodies corporate of buildings with cladding risks. Building surveyors’ professional indemnity premiums are reported to have doubled, with some rising up to 400% in recent renewals.

Of more importance to architects, most professional indemnity insurers are imposing exclusions on insurance policies for ACP/EPS or non-conforming building product. These exclusions could leave you uninsured for past projects. The market exclusions appear to be for both legal/defence costs and indemnity.

Professional indemnity insurance coverage is offered on a “claims made and notified” basis. This means there must be a valid policy in place at the time you first become aware of, and notify a claim or circumstance to your insurer, regardless of whether the claim relates to activities performed in a previous policy period. Therefore, the PI policy you have in place today will be the policy that you notify a claim under if you became aware of a matter today. Not the policy you held when you did the work.

Planned Cover are insurance brokers who specialise and manage the insurance programs for the majority of Australian based architectural practices. They offer the following advice:

“Before obtaining or renewing professional indemnity insurance, check the policy wording and schedule carefully to find out exactly what is excluded. We recommend that you discuss any non-compliant product exclusion with your insurance broker to ensure you fully understand the extent of the exclusion and the potential impact it may have on your business. The level of cover can vary greatly from one policy to the other.

Some exclusions are very broad and exclude “any building material that is non-conforming or non-compliant with the National Construction Code, the Building Code of Australia, the Australian Standards or any other applicable laws or regulations”. This type of exclusion goes well beyond non-compliant cladding and leaves the architect uninsured for claims arising from any non-compliant material or potentially design. This could include tiles, screws, glass, railings etc.

On the other hand, there are more moderate exclusions which seek to exclude claims arising only from the use of non-compliant Aluminium Composite Panels or even narrower ones which just exclude Aluminium Composite Panels with a Polyethylene core. It is important to note that no matter how narrow or broad the exclusion, it will apply to all projects, past and future, unless it specifically states that it only applies to future work or work after a certain date.

Once an exclusion is imposed, architects should review the cover provided and adjust their activities to reduce their ongoing exposure. They should also be aware of engaging sub-consultants. If you engage a sub-consultant, you become liable to the client for the work of that sub-consultant. Most PI policies provide cover for your legal liability when engaging sub-consultants. However, if a subsequent claim is made against you for the actions or errors of your sub-consultant and that claim is in connection with non-compliant cladding, you may be faced with no cover. For example, if you engage a fire engineer as your sub-consultant, and there is a subsequent claim arising from non-compliant cladding, the client will usually bring the claim against you as lead consultant. Depending on the nature of the exclusion, you may have no cover for your liability nor defence costs relating to the claim. This scenario can be avoided if the client engages the sub-consultant directly.”

 

More information

Australian Institute of Architects Acumen Note – Non-complying building products.

Australian Building Codes Board – Advisory Note: Fire performance of external walls and cladding

ACT Environment, Planning and Sustainable Development Directorate Building Cladding Review

CSIRO – Fire safety for external walls of buildings

Northern Territory Building Development – Building Notes

NSW Fair Trading 

Queensland Fire and emergency services – Combustible external cladding

Queensland Government Department of Housing and Public Works – Non-Conforming Building Products Code of Practice
Safer Buildings for Queensland- What’s happening across Australia?

Queensland Building and Construction Commission – Non-Conforming Building Products

South Australia Planning and Property  – Building news and Practitioner forms

Tasmania Consumer, Building & Occupational Services – Changes to the Building Regulations 2016

Victorian Building Authority

Government of Western Australia Building Commission – State-wide cladding audit

45th anniversary an opportunity to reflect on the power of great architectural icons

As far as Australian architectural icons go, there is no building more symbolic of our nation than the Sydney Opera House, a work of art that captures the imagination of people the world over.

On its 45th anniversary, the Australian Institute of Architects celebrates this magnificent feat of architecture, the tremendous role it has played in shaping our country, and the special place it holds in our hearts.

The Institute’s National President Clare Cousins described the Opera House as not only an astounding work of architecture, but a source of national pride and global acclaim.

‘This building, with its perfect form and geometry, heralded Australia’s evolution from fledgeling nation to confident world player,’ she said.

‘Its impact is visceral, conveying confidence, hope and strength. It is not just a symbol of Australia’s youth, but also of our maturity.

‘When Jørn Utzon conceived the Sydney Opera House, his vision went beyond function. What he created was a work of art – in his own words, a ‘sculpture’.’

Cousins said the building’s 45th anniversary was the perfect opportunity to reflect on its greater purpose, highlight its significance as a public asset, and have a discussion about its future.

‘It is deeply disappointing that governments, at both the state and Commonwealth level, recently failed to protect and uphold the cultural values of this international icon, allowing it to be exploited with commercial advertising,’ Ms Cousins said.

‘It is the Institute’s position that using buildings like the Opera House for purposes so contrary to the public interest is unacceptable, disrespectful and does untold damage to brand Australia on the international stage.’

NSW Chapter President Andrew Nimmo said the use of the Sydney Opera House, a world heritage listed building, in a way expressly prohibited by the Conservation Management Plan put in place to protect it and endorsed by the Government’s own Heritage Council, risks being the start of an extraordinarily slippery slope and begs the question, what next?

‘These unfortunate events have served as a clarion call to the community and more specifically to the architectural profession,’ Mr Nimmo said.

‘The Institute has responded by redoubling our efforts to prevent such a lapse in due process and proper judgement ever being repeated.

‘We are committed to ensuring the cultural value and integrity of the Sydney Opera House is protected, ensuring this public building is never again exploited in this way.

‘As architects, we need to be vocal in protecting our iconic buildings and precincts.

‘This is a cause the Institute is passionate about and we will be working hard to ensure the Opera House is used as a public space that celebrates our country and culture, not for private-sector commercial interests.’

 

From the National President

Clare Cousins

 

15 Oct 2018

 

When Jørn Utzon conceived the Sydney Opera House, his vision went beyond function. What he created was a work of art – in his own words, a ‘sculpture’.

The Opera House is undoubtedly one of the most pervading symbols of Australia, for us and people the world over.

But, as recent history has shown, those famous white sails can now be used as a billboard.

The controversial decision to project the barrier draw for a horse race on to our Opera House was understandably met with outrage. However, it has also brought a critical issue to the fore – the importance of protecting, not profiting from, our public assets.

It is the Institute’s position that using buildings like the Opera House for advertising is unacceptable, disrespectful and represents exploitation of our public assets for commercial gain.

Behind the scenes our members have been working tirelessly to ensure this does not happen again and, moving forward, this is a cause we will be fighting for.

Andrew Nimmo, the Institute’s NSW Chapter President, and the NSW Chapter team have so far met with the NSW Government Architect and Sydney Opera House management, raising the Institute’s concerns and offering its assistance. Letters have also been sent to NSW Premier Gladys Berejiklian, the state Minister for Heritage and the Environment, the Heritage Council and the Government Architect’s office.

We applaud the efforts of Andrew and other members in ensuring the voice of architects has been heard. And we won’t stop here, there is more work to be done in collaboration with our heritage and cultural partners. We are stronger together.

As architects we need to be vocal in protecting our iconic buildings and precincts. It is not enough to just object – we must work with governments and the wider community to educate them about the social and cultural value of these places, ensuring they are appreciated, respected and conserved. We will keep you informed of our actions on this issue and share opportunities for members to add their voice as we seek to enact change.

As outlined in our recent advocacy update, the Institute’s joint submission with ArchiTeam and the ACA to the Banking Royal Commission has been lodged. It highlights discriminatory behaviour by the banks in relation to architect-led contracts. In addition, engaging closely with key stakeholders and law makers will be vital if we are to see legislative change. We have communicated with various senior representatives in government and the banking sector to further progress our cause and we will keep you up-to-date with any developments.

And finally, on a lighter note, it’s that time of year again, with the National Architecture Awards just around the corner. I’m looking forward to seeing many of you there for our night of nights, where we can come together to celebrate outstanding architecture and our passion for our profession. Good luck to all our finalists!

 

Clare Cousins
National President

Anti-competitive’ lending practices cost consumers and small business: Banking Royal Commission

 

The refusal of many banks to approve construction loans for architect-administered contracts is anti-competitive and is imposing costs on consumers and small business, according to a submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

The joint submission by the Australian Institute of Architects (the Institute), ArchiTeam Cooperative and the Association of Consulting Architects Australia (ACA), condemns the unfair treatment of industry-standard construction contracts by banks, which is negatively impacting construction industry competition.

The groups, which have a combined membership of almost 15,000, have identified a growing number of member complaints regarding banks refusing to approve clients’ construction loans. This has occurred primarily in the housing sector where architect-administered construction contracts have been applied. 

According to the submission, banks are refusing to lend to consumers where contracts specify an architect as the contract administrator; contracts contain provisions for monthly progress payments; progress is assessed by the architect rather than a bank appointed quantity surveyor; and contracts contain provisions for variations.

Key figures: 

  • A snapshot survey conducted by the Australian Institute of Architects, ArchiTeam and the ACA revealed 175 projects with an aggregate budget of $152 million were delayed by a total of 324 months.
  • The big four banks were identified as comprising 65% of reported cases of loan refusals of architect-administered contracts.
  • Loan refusals predominantly impact small businesses, with 71% of impacted architecture practices employing five people or less.
  • Project budgets are most commonly at the smaller end of the construction industry, with 66% of budgets under $1m and 85% under $1.5m – the average project budget is around $870,000.

‘Currently, banks are unfairly discriminating against architect-administered contracts, discouraging the professional engagement of architects and excluding them from engaging in a task for which they are specifically trained,’ said Clare Cousins, the Institute’s National President.

‘This unfair exertion of market power results in a negative financial impact on architects and their clients as well as potentially compromising the end project outcomes. It needs to change.

‘At the end of the day, Australian consumers are the ones paying for this unreasonable and discriminatory behaviour by the banks, which prevents architects from properly overseeing the projects they have been appointed to design and in many cases, to oversee and manage to ensure work is completed to the required standards.

‘If more architect-administered construction loans were approved, it would ensure that more buildings are constructed to the highest standard, designed and overseen by qualified architects, which would, on the whole, offer greater consumer protection.’

With renewed focus on building safety after the Grenfell Tower disaster and the recently released Building Confidence report, which recommended significant changes to the National Construction Code (NCC), architect-led project management should be front-of-mind.

‘Architects study at university for five years, then must undertake two years of mandatory practical experience and pass a state registration exam before being registered as Architects,’ said ACA Immediate Past President, Kieran Wong.

‘This rigorous training means architects have the expertise to carry out the role of contract administrator for these contracts and their role on-site reduces inherent risks associated with construction and improves the quality of building outcomes.

‘Unfair lending conditions ultimately remove choice for consumers, add costs and risk to construction projects for consumers and exclude architects from practicing their profession.’

ArchiTeam Directors Barbara Moje and Warwick Mihaly said while banks were entitled to manage and reduce risk, current lending standards were uninformed and discriminatory, impacting consumers and small business.

‘We trust that the Royal Commission will examine this issue thoroughly and that this will lead to change,’ they said.

‘Banks need to improve their attitude towards architect-administered construction contracts and cease forcing architects, consumers and builders to use construction contracts that create more risk to them and add project costs.

‘Industry-standard construction contracts provide a clear and contractual role for the architect to administer the project and provide considerable protections for the consumer.

‘This is in the common interest of architects, consumers, builders and the banks.’

The submission was lodged on 21 August 2018. A copy is available here. 

Build-to-Rent can help provide more quality, sustainable housing for Victorians

27 September 2018

The Australian Institute of Architects welcomes the Victorian Government’s foresight in bringing Build-to-Rent to the state, a move which will help provide additional quality and affordable housing to residents into the future.

‘Build-to-Rent is about choice and will ensure our housing supply grows in line with Victoria’s exponential population growth,’ said Amy Muir, Victorian Chapter President.

‘The Institute is passionate about the provision of quality and affordable housing options, which Build-to-Rent will help provide. Our members currently have projects underway that support this mission.

‘Award-winning Nightingale Housing is a key example of our members’ work in the sustainable and affordable housing space, a series of innovative projects leading a housing revolution in our cities by constructing multi-residential buildings that are financially, socially and environmentally sustainable.’

Ms Muir said the government’s commitment to fast track development applications was commendable but must come with assurances building quality would not be compromised.

‘Good quality design responds to critical contemporary issues such as rising energy costs, by making homes more energy efficient and these features need to be considered for this new housing class,’
she said.

‘The Institute would encourage government to provide incentives linked to specific design and sustainability outcomes, supported by enhanced tax revenue from development for re-investment in public benefit initiatives and infrastructure.

‘We look forward to working with the Victorian Government in the Build-to-Rent space and are excited by the possibilities it brings.’

From the Interim CEO

Judith Slocombe

 

1 Oct 2018

 
It is an exciting time to join the Institute’s team as, together, we work to deliver a range of innovative and transformative projects aimed at promoting Australia’s vibrant architecture community and providing more value to members. I would like to thank you for the warm welcome I have received.

My career has been diverse and I have worked across a range of sectors in a variety of positions. I began my working life as a veterinarian, ran my own veterinary pathology business, and after selling it have held senior executive roles in corporate, Government and non-profit organisations. I have worked in a number of organisations during periods of vast change and business growth – in particular the delivery of digital transformation projects, driving innovation and effecting organisational structure and culture changes. I look forward to drawing on these experiences as I work with the dedicated Institute team from all over the country over the coming months. It is an exciting time for our organisation and for the profession more broadly. The changes currently underway at the Institute will have profound impacts on you as individuals working in and running practices, as well as strengthening the voice of the profession as we help tackle the many challenges facing our communities.

Undoubtedly, architects make a vital contribution to the community and society as a whole. Quality architecture makes a tangible difference to the quality of people’s lives, to our cities and to our regions – communities are improved through beautiful and sustainable design. In Australia, I believe our architecture defines who we are, where we come from and where we are going. The future is bright and I look forward to working with Institute members towards a shared vision that enriches the fibre of our society.

Over the past fortnight, I’ve had the pleasure of meeting with staff and gaining insight into our current and planned projects. I’m very impressed with the engagement and collaborative spirit of members at all levels and believe this provides the optimum environment for success. I would like to take this opportunity to acknowledge and thank Clare Cousins, our National President, for her immense contribution over the past two months as Acting CEO. Her passion for architecture, willingness to tackle the role head on and enthusiasm in guiding staff has been exceptional.

Again, I thank you for welcoming me to the Institute. I look forward to meeting and celebrating with you at the upcoming National Architecture Awards ceremony in Melbourne on 1 November.

 

Dr Judith Slocombe
Interim Chief Executive Officer

Vote for Australia’s favourite house

In celebration of World Architecture Day, voting will open on Monday 1 October for the annual People’s Choice Award as part of the Australian Institute of Architects’ 2018 National Architecture Awards.

The People’s Choice Award gives members of the public the opportunity to select their favourite house from the 15 residential projects on the national jury’s shortlist.

Chosen from 41 projects eligible for national judging after the State and Territory Architecture Awards held earlier in the year, the shortlisted homes showcase the best in residential architecture – both new builds and alterations and additions – from around the country.

Voting is open until 5:00pm AEDT, Friday 28 October 2018. Some fantastic prizes, thanks to our Corporate Partners, are also up for grabs for those who vote in the People’s Choice Award and enter the competition by telling us in 25 words or less why their chosen project is their favourite.

The winning project will be revealed at the National Architecture Awards ceremony on Thursday 1 November in Melbourne along with all the winners as chosen by the expert panel of judges.

More information on the 2018 National Architecture Awards and access to voting in the People’s Choice Award is available at architecture.com.au/awards-2018

Projects in the running for the 2018 People’s Choice Award are:

Gibbon St by Cavill Architects (QLD)
King Bill by Austin Maynard Architects (VIC)
Laneway House by Jon Jacka Architects (NSW)
Mawhera Extension by Preston Lane (TAS)
orange ave by vittinoAshe (WA)
Bruny Island Hideaway by Maguire + Devine Architects (TAS)
Cabbage Tree House by Peter Stutchbury Architecture (NSW)
Carpenter-Hall House by Russell Hall Architects (QLD)
Coastal Garden House by Neeson Murcutt Architects (NSW)
Compound House by March Studio (VIC)
House on the Coast by Sean Godsell Architects (VIC)
Park House by Kerstin Thompson Architects (VIC)
PR House by Architects Ink (SA)
Stradbroke House by Tim Bennetton Architects in association with Gabriel Poole (QLD)
Towers Road House by Wood Marsh Architecture (VIC)

The Institute thanks Dulux, Smeg and Architecture Media for their support of the 2018 People’s Choice Award.