tag:theconversation.com,2011:/africa/topics/construction-standards-58285/articlesConstruction standards – The Conversation2023-04-26T20:03:37Ztag:theconversation.com,2011:article/2043692023-04-26T20:03:37Z2023-04-26T20:03:37ZWe need a ‘lemon law’ to make all the homes we buy and rent more energy-efficient<figure><img src="https://images.theconversation.com/files/522912/original/file-20230426-195-isrm2t.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C4883%2C3260&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Shutterstock</span></span></figcaption></figure><p>A long-awaited increase in energy-efficiency requirements for new homes is part of revised Australian construction standards <a href="https://www.architectureanddesign.com.au/suppliers/knauf-insulation/building-energy-efficient-homes-to-meet-ncc-2022">taking effect on May 1</a>. All new homes must achieve a <a href="https://ncc.abcb.gov.au/editions-national-construction-code">minimum 7-star whole-of-home energy rating</a> from October, following a six-month transition period. </p>
<p>It’s a crucial step in responding to the climate crisis and decarbonising Australian society. It will also make our homes more <a href="https://theconversation.com/low-energy-homes-dont-just-save-money-they-improve-lives-81084">affordable and comfortable to live in</a>, and improve our <a href="https://theconversation.com/cold-homes-increase-the-risk-of-severe-mental-health-problems-new-study-193125">health and wellbeing</a>. </p>
<p>These regulations affect the roughly 150,000 new homes built each year across Australia. But what about the <a href="https://www.abs.gov.au/statistics/industry/building-and-construction/estimated-dwelling-stock/jun-quarter-2022">other 10.8 million homes</a> we’re already living in?</p>
<p>Any transition towards a low-carbon future must include big improvements to existing housing. Housing accounts for around <a href="https://www.energy.gov.au/government-priorities/buildings/residential-buildings">24% of overall electricity use</a> and 12% of carbon emissions in Australia. </p>
<p>As a nation we spend at least as much on renovations and retrofits as on building new housing. <a href="https://theconversation.com/7-star-housing-is-a-step-towards-zero-carbon-but-theres-much-more-to-do-starting-with-existing-homes-189542">Upgrading the energy performance</a> of existing homes should get at least as much attention as new homes to help make the transition to low-carbon living.</p>
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Read more:
<a href="https://theconversation.com/7-star-housing-is-a-step-towards-zero-carbon-but-theres-much-more-to-do-starting-with-existing-homes-189542">7-star housing is a step towards zero carbon – but there's much more to do, starting with existing homes</a>
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<h2>How do you know if a home’s a lemon?</h2>
<p>Australians can access lots of information about the performance of <a href="https://www.energyrating.gov.au/">appliances</a> and <a href="https://www.greenvehicleguide.gov.au/">vehicles</a>, but almost nothing about the quality and performance of our housing. </p>
<p>When buying an appliance or a car we can see how much energy it will use and how much it will cost to run. We can then compare options and improve our decision-making. </p>
<p>We also have rights if our purchase doesn’t perform as described. Australia doesn’t have a specific “<a href="https://www.consumeraffairs.com/lemon-law/">lemon law</a>” like the United States. Nonetheless, a raft of laws protect buyers of both new and used vehicles. </p>
<p>Yet when it comes to our biggest and most important buying decision – buying or renting a home – we have a right to precisely nothing in terms of <a href="https://doi.org/10.1016/j.enpol.2020.111370">information on its energy efficiency</a> and readiness for a sustainable future. What little information is provided is <a href="https://theconversation.com/spruiking-the-stars-some-home-builders-are-misleading-consumers-about-energy-ratings-136402">often misleading</a>.</p>
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Read more:
<a href="https://theconversation.com/ive-never-actually-met-them-what-will-motivate-landlords-to-fix-cold-and-costly-homes-for-renters-188827">'I've never actually met them': what will motivate landlords to fix cold and costly homes for renters?</a>
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<h2>Energy performance must be disclosed in other countries</h2>
<p>Housing energy rating schemes are used <a href="https://energy.ec.europa.eu/topics/energy-efficiency/energy-efficient-buildings/energy-performance-buildings-directive_en">worldwide</a>. These schemes rate and compare the energy use of housing to help people decide what they will rent and buy. </p>
<p>Energy ratings are important. They tell us how much we are likely to spend on essential activities such as heating and cooling our homes. Amid a cost-of-living crisis, including <a href="https://theconversation.com/energy-bills-why-yours-is-now-so-expensive-and-where-all-the-money-goes-176443">soaring energy prices</a>, this matters to all Australians, particularly those doing it tough. </p>
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<span class="caption">The UK’s Energy Performance Certificate tells prospective buyers and renters about a home’s energy rating, its energy costs and potential to be improved.</span>
<span class="attribution"><a class="source" href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/5996/2116821.pdf">Source: Energy Performance Certificate, GOV.UK</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
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<p>Australia had a world-leading housing energy rating scheme <a href="https://www.frontiersin.org/article/10.3389/frsc.2022.801460">when it was adopted in the ACT</a> in 2003. Since then progress has stalled on a national scheme similar to those established globally in recent decades. </p>
<p>Energy ratings also reveal the underlying condition of our housing. Housing in Australia built before the early 2000s typically has only a <a href="https://www.sustainability.vic.gov.au/research-data-and-insights/research/research-reports/household-retrofit-trials">1-3 star energy rating</a>. That level of performance more than doubles its energy bills and emissions compared to a new home. </p>
<p>People looking to buy or rent could avoid the housing equivalent of a lemon if we had a national scheme that requires a standard, independently verified energy performance assessment be made available to them. This would create an incentive for sellers and landlords to improve the energy performance of housing. It would also give policymakers a national picture of where retrofit schemes could best be targeted to meet our emission-reduction commitments.</p>
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Read more:
<a href="https://theconversation.com/homes-with-higher-energy-ratings-sell-for-more-heres-how-australian-owners-could-cash-in-128548">Homes with higher energy ratings sell for more. Here's how Australian owners could cash in</a>
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<h2>What are the prospects for such a scheme?</h2>
<p><a href="https://www.energy.gov.au/government-priorities/buildings/residential-buildings">Discussions</a> are taking place in Australia about introducing a requirement for households to obtain some sort of energy or sustainability rating on their dwelling, potentially at point of sale or lease. A similar requirement is in place in other locations like <a href="https://energy.ec.europa.eu/topics/energy-efficiency/energy-efficient-buildings/energy-performance-buildings-directive_en">Europe</a>, the <a href="https://www.gov.uk/buy-sell-your-home/energy-performance-certificates">United Kingdom</a> and even the ACT. </p>
<p>We have the resources and knowledge to establish a robust system that is: accurate and holistic, robust and consistent, applied and clear, transparent and adaptive. </p>
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<p>The benefits of such a scheme include:</p>
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<li><p>encouraging energy-efficient retrofits of existing homes for the health and comfort of Australians</p></li>
<li><p>supporting social equity between people living in older homes and those in newer homes, and particularly for renters and low-income households</p></li>
<li><p>giving Australians a better understanding of the houses they rent or buy, in the same way they choose their appliances</p></li>
<li><p>reducing emissions from housing to help achieve the target of net-zero emissions</p></li>
<li><p>providing information to inform and develop policies for existing homes that then align with policies for new homes.</p></li>
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Read more:
<a href="https://theconversation.com/will-7-star-housing-really-cost-more-it-depends-but-you-can-keep-costs-down-in-a-few-simple-ways-189627">Will 7-star housing really cost more? It depends, but you can keep costs down in a few simple ways</a>
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<p>The key is not to do a cheap job on this. That would waste the effort, time and money we put into retrofitting homes, and risk us missing our climate commitments. It would also mean our most vulnerable households would find it even more difficult to access decent, energy-efficient housing. </p>
<p>Doing a proper job means we will all have access to independent verified information. It will help fix market failures and provide peace of mind about the places we live, with the potential to upgrade them reliably and cost-effectively.</p><img src="https://counter.theconversation.com/content/204369/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Trivess Moore has received funding from various organisations including the Australian Research Council, Australian Housing and Urban Research Institute, Victorian Government and various industry partners. He is a trustee of the Fuel Poverty Research Network.</span></em></p><p class="fine-print"><em><span>Lisa de Kleyn is a Research Fellow on projects that receive funding from various organisations including the Australian Research Council, Victorian Government, and various industry partners.</span></em></p><p class="fine-print"><em><span>Ralph Horne has received funding from various organisations including the Australian Research Council, Australian Housing and Urban Research Institute, Victorian Government and various industry partners. </span></em></p>Improving the performance of nearly 11 million existing homes will make a much bigger difference to housing energy costs and emissions than an incoming 7-star energy standard for new homes.Trivess Moore, Senior Lecturer, School of Property, Construction and Project Management, RMIT UniversityLisa de Kleyn, Research Fellow, Centre for Urban Research, RMIT UniversityRalph Horne, Associate Deputy Vice Chancellor, Research & Innovation, College of Design & Social Context, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1835102022-05-31T12:12:25Z2022-05-31T12:12:25Z30 years after Hurricane Andrew devastated Florida, researchers are using a ‘Wall of Wind’ to design safer homes – but storms are getting even more intense<figure><img src="https://images.theconversation.com/files/464365/original/file-20220519-6976-hqkkg3.jpg?ixlib=rb-1.1.0&rect=42%2C67%2C1949%2C1293&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The Wall of Wind can create Category 5 hurricane winds for testing life-size structures.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/fiu/51974207302/in/album-72157631682768714/">Margi Rentis/Florida International University</a></span></figcaption></figure><p>In an airplane hangar in Miami, engineers are recreating some of the most powerful hurricane winds to ever strike land. These Category 5 winds can shatter a test building in the blink of an eye. </p>
<p>Yet they aren’t powerful enough to keep up with nature.</p>
<p>When engineers built the <a href="https://cee.fiu.edu/research/facilities/wall-of-wind">Wall of Wind</a> test facility 10 years ago at Florida International University, it was inspired by <a href="https://www.weather.gov/lch/andrew">Hurricane Andrew</a>, a monster of a storm that devastated South Florida on Aug. 24, 1992. </p>
<p>The facility was designed to test structures’ ability to withstand winds up to 160 miles per hour (257 kilometers per hour). Now, we’re seeing the likes of <a href="https://www.nhc.noaa.gov/data/tcr/AL052019_Dorian.pdf">Hurricane Dorian</a>, which shredded neighborhoods in the Bahamas with 184 mph (296 km/h) winds in 2019, and <a href="https://www.nhc.noaa.gov/data/tcr/EP202015_Patricia.pdf">Hurricane Patricia</a>, with winds clocked at 215 mph (346 km/h) off the coast of Mexico in 2015.</p>
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<img alt="A person jumps over debris next to what remains of a home. Its roof is missing, and the walls are askew." src="https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/464849/original/file-20220523-46178-zx1u3k.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Hurricane Dorian’s Category 5 winds tore apart communities in the Bahamas.</span>
<span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/BahamasHurricaneDorian/02f130c339dd4979b432348cd6e0efdd/photo">AP Photo/Ramon Espinosa</a></span>
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<p>Studies show tropical storms are <a href="https://www.ipcc.ch/report/sixth-assessment-report-working-group-i/">ramping up in intensity</a> as the climate changes and ocean and air temperatures rise. Designing homes and infrastructure to withstand future storms like Dorian will require new test facilities that go well beyond today’s capabilities – for what we believe should be called Category 6 storms.</p>
<h2>The Wall of Wind</h2>
<p>There is currently only one life-size test facility at a U.S. university capable of generating Category 5 winds, currently the most powerful level of hurricane. That’s the <a href="https://cee.fiu.edu/research/facilities/wall-of-wind">Wall of Wind</a>.</p>
<p>At one end of the facility is <a href="https://cee.fiu.edu/research/facilities/wall-of-wind">a curved wall of 12 giant fans</a>, each as tall as an average person. Working together, they can simulate a 160 mph hurricane. Water jets simulate wind-driven rain. At the other end, the building opens up to a large field where engineers can see how and where structures fail and the debris flies.</p>
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<p>The powerful tempests that we create here allow us and other engineers to probe for weaknesses in construction and design, track failures cascading through a building and test innovative solutions in close to real-world storm conditions. Cameras and sensors capture every millisecond as buildings, roofing materials and other items come apart – or, just as important, don’t fail.</p>
<p>Ten years of research here have helped builders and designers <a href="https://fiu.designsafe-ci.org/working-with-us/projects/">reduce the risk of damage</a>. That’s helpful when forecasters warn, <a href="https://public.wmo.int/en/media/news/noaa-adjusts-hurricane-season-forecast">as they do for 2022</a>, of a busy hurricane season.</p>
<h2>Lessons from hurricane testing</h2>
<p>We’ve <a href="https://meridian.allenpress.com/jcr/article-abstract/23/5%20(235)/1211/27424/Wall-of-Wind-Full-Scale-Destructive-Testing-of">found in destructive testing</a> that a structure will often rip apart in less than a second. All it takes is the wind penetrating the weakest point.</p>
<p>When Hurricane Dorian hit the Bahamas, many less-well-constructed <a href="https://youtu.be/SN4jgJX0OP8">homes turned into shrapnel</a>, creating another problem. Once a building fails, even nearby homes built to withstand higher winds are in trouble because of the flying debris. Our <a href="https://hazards.colorado.edu/research/working-papers/94#windborne">testing has shown</a> how debris from one building, under continuous winds of 130-140 mph or more, can take out the next building, and then that takes out the next building. </p>
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<p>Roofs are often that weakest link. A roof is <a href="https://www.researchgate.net/publication/327042799_Roof_Uplift_under_Cornering_Winds_and_Wind_Uplift_Mitigation">subjected to uplift force</a> during a storm, so wind hitting the surface of the building needs to be able to escape. When wind runs into objects in that path, it can cause damage.</p>
<p>New designs are improving how buildings stand up to extreme winds. For example, <a href="https://cdn.theconversation.com/static_files/files/2109/roof-vortices-fiu.gif?1652992113">storms can create powerful vortices</a> – winds that swirl almost like a corkscrew at a building’s edge – that can strip away roofing material and eventually lift the roof itself. One innovation uses a horizontal <a href="https://news.fiu.edu/2019/focus-on-innovation-taming-the-wind">wind turbine</a> along the edge of a roof to diffuse the wind and generate power at the same time, a double benefit.</p>
<figure><img width="100%" src="https://cdn.theconversation.com/static_files/files/2109/roof-vortices-fiu.gif?1652992113"><figcaption>When wind blows up the side of a building it can create vortices that strip off roofing materials. Horizontal wind turbines attached to rood edges can suppress these vortices, as shown here using smoke, and can also generate power. FIU</figcaption></figure>
<p>The shape of buildings can also either create weaknesses or help deflect wind. You’ll notice that most modern high-rises avoid sharp corners. Testing shows that <a href="http://iawe.org/Proceedings/CWE2006/TD1-05.pdf">more trapezoidal</a> or rounded edges can reduce wind pressures on buildings.</p>
<p>And better safety doesn’t have to be costly. One experiment showed how <a href="https://www.youtube.com/watch?v=d5qjZO7dVDg">just US$250 in upgrades</a> was the difference between a small, shed-size building standing up to a Category 3 storm – or not. <a href="https://theconversation.com/hurricane-straps-keep-roofs-on-houses-and-can-improve-safety-during-tornadoes-164998">Hurricane straps</a> attach a roof truss to the perimeter of the house. <a href="https://www.finehomebuilding.com/2009/09/17/whats-the-difference-nail-shanks">Ring shank nails</a>, which have threads around the shank to grasp the wood, can resist wind forces better than smooth nails. <a href="https://doi.org/10.1016/j.engstruct.2010.07.012">Hurricane shutters</a> also block entry points where the wind can penetrate and trigger catastrophic failure.</p>
<p>Installation also matters, and helps explain why roofs that appear to meet building code requirements can still fail and go flying in hurricanes. </p>
<p><a href="https://www.whipc.org/index.php/about-us/current-projects">Experiments we conducted</a> have shown how an edge system – the metal elements between walls and the roof – that is installed just half an inch too high or low can prematurely fail at low winds, even though the system was designed to withstand a Category 5 hurricane. Roofers installing asphalt shingles and roofing tiles may need to go beyond the current code when sealing edges to <a href="https://www.openconf.org/ACWEConf2022/modules/request.php?module=oc_proceedings&action=summary.php&id=137&a=Accept+for+Oral+Presentation">keep them from failing in a storm</a>.</p>
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<img alt="A neighborhood of homes with shredded roofs, some missing most of their roof tiles or shingles, others with parts of the roof missing entirely." src="https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/464840/original/file-20220523-14-ltbw6a.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">In August 1992, Hurricane Andrew hit South Florida with sustained winds as high as 165 mph.</span>
<span class="attribution"><a class="source" href="https://newsroom.ap.org/detail/HurricaneSeasonLastingScars/406864aad9464e8fb0bb0d45c18210ef/photo">AP Photo/Mark Foley</a></span>
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<h2>Expanding testing: 200 mph winds + storm surge</h2>
<p>While engineers have been gaining knowledge through testing, the <a href="https://www.ipcc.ch/report/sixth-assessment-report-working-group-i/">nature of storms is changing</a> as the planet warms.</p>
<p>Warmer temperatures – fueled by increasing <a href="https://theconversation.com/ipcc-climate-report-profound-changes-are-underway-in-earths-oceans-and-ice-a-lead-author-explains-what-the-warnings-mean-165588">greenhouse gas emissions from human activities</a> – enable the air to hold more moisture, and warmer oceans provide more energy to <a href="https://doi.org/10.1029/2018EF000825">fuel hurricanes</a>. Research shows that <a href="https://www.ipcc.ch/report/sixth-assessment-report-working-group-i/">bigger and more intense storms</a> that are <a href="https://theconversation.com/the-water-cycle-is-intensifying-as-the-climate-warms-ipcc-report-warns-that-means-more-intense-storms-and-flooding-165590">heavier with water</a> and moving more slowly are going to hammer the areas they hit with <a href="https://www.nsf.gov/news/news_summ.jsp?cntn_id=245396">more wind, storm surge, flooding and debris</a>.</p>
<p>Storms like these are why we’re working with eight other universities to <a href="https://news.fiu.edu/2022/fiu-receives-12.8-million-nsf-grant-to-design-an-extreme-wind,-surge-and-wave-testing-facility">design a new facility</a> to test construction against 200 mph winds (322 km/h), with a water basin to test the impact of storm surge up to 20 feet (6 meters) high plus waves.</p>
<p>Computers can model the results, but their models still need to be verified by physical experiments. By combining wind, storm surge and wave action, we’ll be able to see the entire hurricane and how all those components interact to affect people and the built environment.</p>
<p>Disaster testing is finding ways to make homes safer, but it’s up to homeowners to make sure they know their structures’ weaknesses. After all, for most people, their home is their most valuable asset. </p>
<p><em>This article was updated Aug. 24, 2022, to mark the 30th anniversary of Hurricane Andrew.</em></p><img src="https://counter.theconversation.com/content/183510/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Richard Olson receives funding from the National Science Foundation, the United States Agency for International Development, the Florida Division of Emergency Management, and the Mellon Foundation. He is a member of the Board of Directors of the North American Alliance of Hazards and Disaster Research Institutes.
</span></em></p><p class="fine-print"><em><span>Ameyu B. Tolera is affiliated with the American Society of Civil Engineers and the American Association for Wind Engineering as a student.</span></em></p><p class="fine-print"><em><span>Arindam Chowdhury receives funding from the National Science Foundation, DEM, FSG, and other agencies. He is affiliated with the American Society of Civil Engineers and the American Association for Wind Engineering and other organizations.
</span></em></p><p class="fine-print"><em><span>Ioannis Zisis receives funding from the National Science Foundation. He is affiliated with the American Society of Civil Engineers and the American Association for Wind Engineering. </span></em></p>The test facility in Miami helps building designers prevent future storm damage. With the warming climate intensifying hurricanes, engineers are planning a new one with 200 mph winds and storm surge.Richard Olson, Director of the Extreme Events Institute, Florida International UniversityAmeyu B. Tolera, Research Assistant at Florida International University - College of Engineering & Computing, Florida International UniversityArindam Chowdhury, Professor of Civil Engineering, Florida International UniversityIoannis Zisis, Associate Professor of Civil Engineering, Florida International UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1573072021-03-21T18:51:56Z2021-03-21T18:51:56ZOnly a small fraction of buildings with flammable cladding have been fixed, and owners are feeling the strain<figure><img src="https://images.theconversation.com/files/390521/original/file-20210319-15-1o3nsj4.png?ixlib=rb-1.1.0&rect=0%2C2%2C1417%2C890&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">MFB</span></span></figcaption></figure><p>Australia has <a href="https://www.tandfonline.com/doi/full/10.1080/19491247.2021.1893119">more than 3,400</a> buildings with flammable cladding. In Victoria alone, at least 71 of these buildings <a href="https://theurbandeveloper.com/articles/cladding-safety-victoria-ceo-appointed">have been classified</a> as “extreme risk” and another 368 as “high risk”. Despite the <a href="https://www.theguardian.com/uk-news/2020/oct/26/director-at-grenfell-tower-tmo-describes-how-fatal-cladding-saved-800000">tragic evidence</a> of the <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">risks</a> of <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">cladding</a> fires, rectification work had been completed on only <a href="https://www.theage.com.au/national/victoria/secrecy-around-cladding-hit-list-attacked-as-spin-after-signs-reveal-dozens-of-sites-20210219-p573yr.html">11 of these buildings</a> by February 2021. </p>
<p>The estimated cost of making these buildings safe is <a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">in the billions</a>. State governments have provided limited funding to rectify the highest-risk buildings. Occupants of lower-risk buildings have largely been left to fund the work themselves.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">Flammable cladding costs could approach billions for building owners if authorities dither</a>
</strong>
</em>
</p>
<hr>
<p>We know from previous building industry failures like the leaky homes crisis in <a href="https://www.stuff.co.nz/business/116236850/the-rottenomics-of-the-47-billion-leaky-homes-market-failure">New Zealand</a> and <a href="https://www.cbc.ca/news/canada/british-columbia/bc-leaky-condo-crisis-1.4609418">Canada</a> that the impacts go beyond the repair costs.</p>
<p>In two recently published research papers, we explore the impacts on occupants’ finances and well-being of owning and living in apartments with flammable cladding in Australia. We interviewed 16 owners and investors from Victoria, Queensland, Western Australia and ACT.</p>
<h2>What costs are owners facing?</h2>
<p>The <a href="https://doi.org/10.1080/19491247.2021.1893119">paper</a> published last week looked at the accumulating financial costs beyond the rectification work. Participants revealed these costs include:</p>
<ul>
<li>special levies, to cover rectification costs </li>
<li>higher owners’ corporation fees</li>
<li>rising insurance premiums</li>
<li>legal fees</li>
<li>fixing other fire safety defects, such as sprinklers </li>
<li>possible loss of property value.</li>
</ul>
<p>As one occupant said:</p>
<blockquote>
<p><em>“We’ve (owners’ corporation) had to put the levies up and then we’d have
rates of special levies for the legal fees and the fire engineer’s report
as well […] And we still got the cladding on the building.”</em></p>
</blockquote>
<p>The financial burdens on households have influenced major and minor life decisions. One participant said:</p>
<blockquote>
<p><em>“I really want to retire in two years […] how will I be able to pay for all of this (cladding rectification)? I don’t know […] It might be the case that I then have to actually sell a defective unit.”</em></p>
</blockquote>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse fire ruling sends shudders through building industry consultants and governments</a>
</strong>
</em>
</p>
<hr>
<h2>How are owners coping?</h2>
<p>Our <a href="https://doi.org/10.1080/02673037.2021.1887458">second paper</a> explores the effects on owners’ well-being. They reported frustration, concern and anger. Some in higher-risk buildings feared for their safety. Some said this range of long-term negative emotions was harming their mental health and well-being. </p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/NStPd-v42mY?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Some owners fear their building will have the cladding catch fire (such as the fire at the Neo 200 apartments in Melbourne in 2019).</span></figcaption>
</figure>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/grenfell-tower-inquiry-expert-explains-four-main-findings-and-how-emergency-services-must-improve-126163">Grenfell Tower inquiry: expert explains four main findings – and how emergency services must improve</a>
</strong>
</em>
</p>
<hr>
<p>All owners were very disappointed that building industry-related professions and the government could allow this to happen. This was compounded by the realisation that their building warranty was mostly useless in this situation:</p>
<blockquote>
<p><em>“And then you find out that the warranty is worth very little, and you have to then deal with the builder who’s engaged in dishonest practices essentially […] The kind of builder we had, it’s the kind of builder that would very much just disappear his company, and recreate to avoid any liability.”</em></p>
</blockquote>
<p>Some expressed serious concerns for people’s lives because of the financial stresses the crisis had caused:</p>
<blockquote>
<p><em>“There’s one lady who’s even worse off than me. She’s absolutely beside herself. She doesn’t know what’s she’s going to do […S] he’ll probably go insane or kill herself or something. Seriously […] she is so distraught about this all.”</em></p>
</blockquote>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Cladding fire risks have been known for years. Lives depend on acting now, with no more delays</a>
</strong>
</em>
</p>
<hr>
<h2>Policy change needed to improve support</h2>
<p>Our research clearly shows apartment owners are feeling the impacts of much more than just the direct rectification costs. Support to help people cope with these broader impacts is lacking. A similar lack of wider support was identified in the building defect crises in New Zealand and Canada.</p>
<p>Recent developments include a Victorian <a href="https://www.abc.net.au/news/2021-02-01/victorian-ban-on-combustible-cladding-comes-into-effect/13107218">ban on flammable cladding</a> on all new multi-storey buildings and <a href="https://www.theguardian.com/society/2021/feb/09/ministers-to-increase-financial-support-for-cladding-removal">extra government funding for rectification work</a> in the UK. The Victorian government is <a href="https://www.vic.gov.au/find-out-about-cladding-safety-victorias-program">contributing A$600 million</a> towards the cost of rectifying some higher-risk apartments. In New South Wales, the government is <a href="https://www.nsw.gov.au/customer-service/projects-and-initiatives/project-remediate">providing interest-free loans</a> to help owners in an estimated 225 buildings. </p>
<p>NSW has also begun work on building industry <a href="https://www.nsw.gov.au/building-commissioner/news/a-better-future-a-better-industry">reforms</a> to:</p>
<ul>
<li>improve regulations, with new powers, processes and audit practices for the regulator</li>
<li>use a system to rate building risk that links past practice, finance and insurance records so consumers are protected from risky projects and practitioners</li>
<li>improve procurement methods with major changes to contracting, declared design requirements, and sign-off processes/stages</li>
<li>improve building skills and capabilities through professional education, development, responsibilities and certification</li>
<li>develop digital systems to modernise and harmonise the industry. </li>
</ul>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/new-nsw-building-law-could-be-a-game-changer-for-apartment-safety-140432">New NSW building law could be a game changer for apartment safety</a>
</strong>
</em>
</p>
<hr>
<p>These are clearly good steps forward. But governments and the building industry need to do more to provide broader support and protection for the affected households. As our research shows, they are suffering financially on a number of fronts and all the while the crisis eats away at their well-being.</p>
<p>Government policy on housing defects has focused on the cost of fixing these defects. The other indirect financial costs, such as increased insurance, and effects on well-being, have been neglected. Future policy must reduce the risks of more crises such as combustible cladding and, if there is a crisis, consider all the financial costs owners bear as well as the need to support their well-being.</p><img src="https://counter.theconversation.com/content/157307/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Trivess Moore has received funding from various organisations including the Australian Research Council, Australian Housing and Urban Research Institute, Victorian Government and various industry partners. He is a trustee of the Fuel Poverty Research Network.</span></em></p><p class="fine-print"><em><span>David Oswald has received funding from various organisations including the Australian Housing and Urban Research Institute and the Association of Researchers in Construction Management. He is the lead guest editor for a special issue in the journal Construction, Management and Economics, titled: ‘Construction defects, danger, disruption and disputes: A systemic view of the construction industry post-Grenfell.'
</span></em></p><p class="fine-print"><em><span>Dr Simon Lockrey has received funding from various organisations including the Australian Government, Victorian Government and various industry partners. He is the Vice President of Automotive Historians Australia, and on the boards of Glowpear and the International Sustainable Development Research Society. Dr Lockrey also owns property affected by combustible cladding.</span></em></p>Since the Grenfell Tower fire claimed 72 lives in 2017, Australia has identified flammable cladding on more than 3,400 buildings. Despite apartment owners’ fears and rising costs, few have been fixed.Trivess Moore, Senior Lecturer, School of Property, Construction and Project Management, RMIT UniversityDavid Oswald, Senior Lecturer in Construction, RMIT UniversitySimon Lockrey, Senior Lecturer in Industrial Design and Research Fellow, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1502922020-12-06T18:54:16Z2020-12-06T18:54:16ZDealing with apartment defects: a how-to guide for strata owners and buyers<p>If you own an apartment – or are thinking of buying one – the recent news about building quality <a href="https://theconversation.com/would-you-buy-a-new-apartment-building-confidence-depends-on-ending-the-blame-game-122180">has been worrying</a>. There have been evacuations at the <a href="https://theconversation.com/there-are-lessons-to-be-drawn-from-the-cracks-that-appeared-in-sydneys-opal-tower-but-they-extend-beyond-building-certification-109428">Opal</a> and <a href="https://www.abc.net.au/news/2020-11-24/mascot-towers-apartment-owners-still-living-in-limbo/12911968">Mascot</a> apartment towers in Sydney, cladding fires at the <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse</a> and <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Neo200</a> towers in Melbourne and the <a href="https://theconversation.com/grenfell-tower-inquiry-expert-explains-four-main-findings-and-how-emergency-services-must-improve-126163">Grenfell Tower tragedy</a> in London. While most buildings won’t have such serious defects, many do have significant problems, and owners must get these fixed so they aren’t a health and safety risk. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">The big lesson from Opal Tower is that badly built apartments aren't only an issue for residents</a>
</strong>
</em>
</p>
<hr>
<p>Even if the defect doesn’t affect their apartment, this is often the shared responsibility of all owners in the building. It’s essential they have access to good guidance on dealing with defects in strata properties – but this isn’t always easy to find. To help owners, we’ve worked with the <a href="https://nsw.strata.community/">Strata Community Association (NSW)</a> to produce a <a href="https://cityfutures.be.unsw.edu.au/research/projects/defect-rectification/">free guide to rectifying defects</a>.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="screenshot of strata defects rectification guide home page" src="https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=261&fit=crop&dpr=1 600w, https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=261&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=261&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=328&fit=crop&dpr=1 754w, https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=328&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/372949/original/file-20201203-23-1770psg.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=328&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The online guide to rectifying defects takes apartment owners step by step through what they should do.</span>
<span class="attribution"><a class="source" href="https://cityfutures.be.unsw.edu.au/research/projects/defect-rectification/">City Futures Research Centre, UNSW/SCA (NSW)</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>This how-to guide takes current and potential owners through the steps of identifying and rectifying defects, with links to helpful resources. It includes advice on getting a defect report, whether the developer or builder might be responsible for fixing the issue, how to choose and manage building experts, and how to manage communication with owners and workers. </p>
<p>The guide has been developed for New South Wales, but may also be helpful if you have a strata property elsewhere in Australia.</p>
<h2>So what key things should owners know?</h2>
<p>Each building’s experience with defects will differ. But there are some key principles owners should always keep in mind – these underpin all the advice in our guide.</p>
<p><strong>Ignorance isn’t bliss</strong>: as an owner, you are automatically a member of the <a href="https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes">owners corporation/body corporate</a>. This means you have a legal <a href="https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/responsibilities-of-the-owners-corporation">responsibility to maintain and repair the common property</a>, including dealing with defects. </p>
<p><strong>Information is power</strong>: gather all the information you can when investigating defects. For buyers, a good strata report is essential. For owners of new buildings, getting a professional defects report is particularly important. It’s worth the cost. </p>
<p>Focus on potential fire, waterproofing or structural issues. These defects can be hard to see but expensive to fix. They also have major impacts on health and safety. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
</strong>
</em>
</p>
<hr>
<p><strong>The early bird catches the worm</strong>: you can never start looking for and dealing with defects too early. Be aware of time limits on building warranties. </p>
<p>In NSW, for minor defects, you have two years to start the process of getting the builder or developer to fix the defect. For major defects, you have six years. If your building is outside the warranty period, you may have to fund rectification yourself.</p>
<p><strong>Sharing is caring</strong>: make sure you report defects to people who need to know. This will include your owners corporation, but also your insurer(s) and <a href="https://www.fairtrading.nsw.gov.au/help-centre/online-tools/make-a-complaint">Fair Trading</a> (especially if the defect is major). </p>
<p>Keeping good records is also important. Records are needed in case there are disputes and to show future buyers the building is well-maintained. </p>
<p><strong>Look after yourself</strong>: dealing with defects can be financially and emotionally draining. Conflict can occur, and collective decision-making can feel very slow. </p>
<p>To help navigate the process, you want the best experts by your side. They include lawyers, building specialists, strata managers and project managers. And always get a second opinion if in doubt.</p>
<h2>What else can be done to improve the situation?</h2>
<p>While our guide will help apartment owners and buyers to work through defect issues, state and territory governments could also do more to help out owners. </p>
<p>Since the Opal Tower evacuation, the NSW government has <a href="https://www.fairtrading.nsw.gov.au/about-fair-trading/legislation-and-publications/changes-to-legislation/building-industry-reforms">moved to tighten building laws</a> to reduce future defects. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/new-nsw-building-law-could-be-a-game-changer-for-apartment-safety-140432">New NSW building law could be a game changer for apartment safety</a>
</strong>
</em>
</p>
<hr>
<p>These legal changes are important, but they are unlikely to completely get rid of building defects. And buildings built before the new laws might still have problems down the track. </p>
<p>One way governments can help owners who face such issues in the future is to make it easier for them to get the information they need to deal with defects effectively and efficiently.</p>
<p>Currently, strata buyers and owners suffer from what economists call “<a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">information asymmetry</a>” – they don’t have access to all the information they need to make informed decisions about building quality. For example, developers might not give new owners all the details about how their building was built, what materials were used, or which builders and tradespeople worked on it. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">Lack of information on apartment defects leaves whole market on shaky footings</a>
</strong>
</em>
</p>
<hr>
<p>Developers should be required to give owners better information, as well as taking more responsibility for fixing defects. </p>
<p>Owners corporations should be encouraged to keep building records on defects up-to-date and make this information available to prospective buyers and relevant authorities. </p>
<p>And governments should support further professionalisation of the strata and building management industries, to make sure owners have the best possible support to navigate defects issues and care for their buildings.</p><img src="https://counter.theconversation.com/content/150292/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sian Thompson receives funding from Strata Community Association (NSW) and the Australian Research Council.</span></em></p><p class="fine-print"><em><span>Bill Randolph receives funding from the Australian Research Council, Landcom, Shelter WA and various strata industry organisations, including Strata Community Association (NSW), which funded the work discussed in this article. He is a Board Member of Shelter NSW.</span></em></p><p class="fine-print"><em><span>Hazel Easthope receives funding from the Australian Research Council, the Australian Housing and Urban Research Institute, the City of Sydney and Strata Community Association. She is an academic member of the Australian College of Strata Lawyers. </span></em></p><p class="fine-print"><em><span>Laura Crommelin receives funding from Strata Community Association (NSW), the Australian Research Council, and the Australian Housing and Urban Research Institute. </span></em></p><p class="fine-print"><em><span>Martin Loosemore receives funding from the Strata Community Association (NSW) and the Australian Research Council.</span></em></p>Identifying and fixing apartment defects can be challenging, especially as they’re often the shared responsibility of all owners in the building. A new guide aims to help navigate the pitfalls.Sian Thompson, Research Associate, City Futures Research Centre, UNSW SydneyBill Randolph, Director, City Futures Research Centre, Faculty of the Built Environment, UNSW SydneyHazel Easthope, Scientia Associate Professor, City Futures Research Centre, UNSW SydneyLaura Crommelin, Research Lecturer, City Futures Research Centre, UNSW SydneyMartin Loosemore, Professor of Construction Management, University of Technology SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1404322020-06-11T19:55:58Z2020-06-11T19:55:58ZNew NSW building law could be a game changer for apartment safety<p>Three years have passed since a <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">cladding-fuelled fire</a> claimed 72 lives in <a href="https://theconversation.com/grenfell-tower-inquiry-expert-explains-four-main-findings-and-how-emergency-services-must-improve-126163">Grenfell Tower</a>, London, on June 14 2017. The construction industry and its regulators around the world are still grappling with how to create effective regulations to ensure dwellings are built to keep their occupants safe.</p>
<p>The New South Wales Parliament passed two important bills last week: the <a href="https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3716">Design and Building Practitioners Bill 2020</a> and the <a href="https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3738">Residential Apartment Buildings (Compliance and Enforcement Powers) Bill 2020</a>. This put in place two important pieces of the “jigsaw puzzle”, as NSW Better Regulation Minister Kevin Anderson <a href="https://www.smh.com.au/national/nsw/building-watchdog-warns-he-will-clamp-down-on-shameful-developers-20200603-p54yzs.html">put it</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/nsw-building-certification-bill-still-lets-developers-off-the-hook-132502">NSW building certification bill still lets developers off the hook</a>
</strong>
</em>
</p>
<hr>
<p>The Residential Apartment Buildings Bill in particular could be a game changer and is the focus of this article. The law is expected to take effect on September 1 2020.</p>
<h2>New powers to order serious defects be fixed</h2>
<p>The centrepiece of the legislation is an ability for the Secretary of the Department of Customer Service to order the correction of “serious defects” in residential apartment buildings. In practice, the NSW building commissioner and his staff will apply these orders, according to the bill’s <a href="https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/'HANSARD-1323879322-110436'">second reading speech</a>. Developers can be ordered to rectify building work “if the secretary has a reasonable belief that building work was or is being carried out in a manner that could result in a serious defect”.</p>
<p>The “was” is significant here. These powers of intervention can be used up to ten years after an occupation certificate is issued. </p>
<p>And, to make sure defects are fixed before residents take possession of their apartment, the secretary can issue a “prohibition order” to delay an occupation certificate.</p>
<p>The definition of “serious defect” includes:</p>
<ul>
<li><p>failure to comply with performance requirements of the <a href="https://hia.com.au/business-information/standards-regulations/building-standards">Building Code of Australia</a></p></li>
<li><p>defects likely to deny habitability or use of the building for its intended purpose</p></li>
<li><p>use of banned building products.</p></li>
</ul>
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Read more:
<a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here's a solution</a>
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<p>Other states and territories have in place various provisions to order rectification. However, none of these are as extensive as the new regime in NSW.</p>
<p>In particular, the express power to order rectification after apartments are completed addresses the issue that frustrated the Victorian Building Authority’s 2017 attempt to <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2017/805.html">have the builder rectify non-compliant cladding</a> at the <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse Building</a> in Melbourne. So, the rectification powers are likely, along with the statutory duty of care in the Design and Building Practitioners Bill – also a NSW innovation – to attract interest across the country. </p>
<h2>How much will the industry push back?</h2>
<p>These measures to rectify defects go to the heart of the commercial drivers that underpin our largely privately delivered apartment stock in Australia. Without an occupation certificate, developers can’t settle the sale of the apartments (usually off-plan). Likewise, their building contractors will typically remain “on the hook” for a raft of obligations under their contracts.</p>
<p>By making defects correction a precondition for issuing the occupation certificate, the new law embraces the “prevention is better than cure” mantra that underpins reforms in Australia and beyond. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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<p>To what extent will the industry support this shift? Time will tell. </p>
<p>What can be said is that the reforms add a high level of intervention in the commercial drivers of apartment construction when the industry is already operating under the shadow of COVID-19 and its gathering recession. So it is something of a “wildcard” in an already fraught commercial landscape.</p>
<p>This means developers who do not have adequate measures in place to pass the costs of rectification and delayed occupation down the contractual chain are likely to resort to the extensive appeal measures in the legislation. Likewise, when contractors, subcontractors, consultants and suppliers do “carry the can” for such liability, they will look hard at the relief provisions in their contracts. </p>
<p>The disputes and delays that inevitably result can leave apartment owners and renters in limbo, despite the intent of the legislation to protect them.</p>
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<em>
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Read more:
<a href="https://theconversation.com/its-not-just-the-building-cracks-or-cladding-sometimes-uncertainty-does-even-more-harm-120662">It's not just the building cracks or cladding – sometimes uncertainty does even more harm</a>
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<h2>Regulators need adequate resources</h2>
<p>Another crucial “time will tell” aspect is whether the regulator will have enough resources to inspect buildings – and issue prohibition and rectification orders when needed – in a timely manner across the industry.</p>
<p>The legislation largely leaves it to the Department of Customer Service to appoint “authorised officers”. The minister has indicated these officers will be the building commissioner and his staff. </p>
<p>The commissioner was <a href="https://www.thefifthestate.com.au/innovation/rating-tools/brush-off-your-old-cv-the-nsw-building-commission-is-now-hiring/">reported in February</a> to be recruiting up to 60 construction professionals as “auditors” for a scheme that looks similar to what is now enshrined in legislation. They will need to move rapidly to have it ready for the extensive interventions that the legislation anticipates.</p>
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<em>
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Read more:
<a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">Lack of information on apartment defects leaves whole market on shaky footings</a>
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<h2>A game changer?</h2>
<p>Ever since the Grenfell tragedy, politicians around the world have at least paid lip service to the aspiration that “occupants of buildings deserve to feel safe and secure within their walls”. In saying this to the NSW parliament last week, Anderson was able credibly to put forward the Residential Apartment Buildings Bill as a vital piece in the regulatory “puzzle” to achieve that goal.</p>
<p>The issues discussed here are likely to be just the tip of the iceberg as the industry absorbs the implications of the new law (and its forthcoming detail by way of regulations). But recent activity by NSW lawmakers suggests there is at last strong impetus to achieve meaningful and comprehensive reform.</p><img src="https://counter.theconversation.com/content/140432/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Matthew Bell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Orders to fix serious defects, even up to ten years after completion, and to delay the occupation certificate developers need to sell apartments until they’re fixed, gives regulators real teeth.Matthew Bell, Senior Lecturer and Co-Director of Studies for Construction Law, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1325022020-03-04T19:08:21Z2020-03-04T19:08:21ZNSW building certification bill still lets developers off the hook<p>The News South Wales government is struggling to implement building industry reforms recommended by the <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">Shergold-Weir report</a> over two years ago. </p>
<p>Developers are home free in its proposed legislation; the Design and Building Practitioners Bill doesn’t even mention them. They still appear to be in a position to collect the profits and then <a href="https://www.smh.com.au/business/small-business/asic-puts-liquidators-on-notice-over-illegal-phoenixing-20190902-p52n1r.html">phoenix</a> themselves if something goes wrong. </p>
<p>And something is going wrong all too often. David Chandler, the NSW building commissioner appointed to oversee the reforms, <a href="https://www.smh.com.au/national/nsw/warning-nsw-construction-crisis-fix-is-still-two-years-away-20200207-p53yuw.html">said</a> recently he was “ a bit despondent” after seeing “some really regrettable things out there” in a program of site visits. </p>
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Read more:
<a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">Lack of information on apartment defects leaves whole market on shaky footings</a>
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<p>Even though the commissioner can see how bad things are, he <a href="https://www.smh.com.au/national/nsw/warning-nsw-construction-crisis-fix-is-still-two-years-away-20200207-p53yuw.html">says</a> it will take until 2022 for the building industry to “get people back to what they should be doing”. </p>
<p>The lack of progress hasn’t stopped the minister for better regulation, Kevin Anderson, claiming credit. In announcing the <a href="https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3716">Design and Building Practitioners Bill 2019</a> last October, he <a href="https://www.customerservice.nsw.gov.au/about-us/media-releases/ministerial-releases/strong-foundations-set-for-building-reform">said</a>: “People should feel confident they can enter the housing market in NSW knowing their home has been designed and built in accordance with the Building Code of Australia.”</p>
<p>He must have forgotten to add “maybe after 2022” and “only if you are buying new”. </p>
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<em>
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Read more:
<a href="https://theconversation.com/would-you-buy-a-new-apartment-building-confidence-depends-on-ending-the-blame-game-122180">Would you buy a new apartment? Building confidence depends on ending the blame game</a>
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<p>The upper house then rejected the bill. It’s now being revised. </p>
<h2>What’s wrong with the bill?</h2>
<p>The bill has the avowed aim of making people who design and build buildings responsible for non-compliance with the National Construction Code by getting them to sign certificates attesting that the building is built according to the code. </p>
<p>This is a guarantee of not very much. The code does <a href="https://theconversation.com/to-restore-public-confidence-in-apartments-rewrite-australias-building-codes-126678">not regulate durability or require that buildings be waterproof</a>. Plus, of course, many people have been signing similar certificates for certifiers <a href="https://www.smh.com.au/politics/nsw/knowing-who-to-blame-is-cold-comfort-to-owners-of-defective-apartments-20191026-p534gw.html">without it having had much impact</a> to date. </p>
<p>The bill has many other faults and omissions. It does not require a principal design practitioner to be appointed to a complex project and no one is identified as the lead consultant. This means there is no person identified to coordinate design work between all disciplines (architecture and engineering) or to ensure design declarations relate to work as actually done, taking into account all engineering designs and site conditions.</p>
<p>The most critical problem is that the people signing the attestations are not required to actually inspect work during construction. Such a requirement was a key recommendation of the Shergold-Weir report. </p>
<p>The purpose of the bill, other than as political soft soap, is unclear. We already have design practitioners, called “architects”, who are registered under state law. We already have builders under state law, who are called “licensed contractors”. </p>
<p>We have the National Construction Code as a starting point for regulating building performance. We already have a Home Building Act. Under the Local Government Act, local councils clearly <a href="https://www.smh.com.au/national/nsw/very-shocked-and-surprised-as-sydney-waterfront-work-site-shutdown-20200224-p543u8.html">have the power to stop work on site</a> if the builder is doing the wrong thing. </p>
<p>What we don’t have is a mechanism to unite these existing powers to ensure buildings are designed and documented to be durable, liveable and waterproof. </p>
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<em>
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Read more:
<a href="https://theconversation.com/to-restore-public-confidence-in-apartments-rewrite-australias-building-codes-126678">To restore public confidence in apartments, rewrite Australia's building codes</a>
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<h2>Steps that will solve the problems</h2>
<p>If the government is as keen to deliver certainty to the new-build market as the minister asserts, what could it do? </p>
<p>First up, if there are things on site of the sort the building commissioner “<a href="https://www.smh.com.au/national/nsw/warning-nsw-construction-crisis-fix-is-still-two-years-away-20200207-p53yuw.html">abhors</a>”, these sites should be shut down under existing powers. The state government would need to negotiate with councils about implementing and funding inspections, but this could be done promptly. </p>
<p>Does the government need to know which buildings to target? Simply look at the qualifications and track records of the building company directors. </p>
<p>A developer could be compelled to use a registered architect for any building for housing over two storeys high and required to retain the architect for site inspections during construction. Amendments to the Home Building Act or its regulations could achieve this. </p>
<p>As architects are already registered and legally required to hold professional indemnity insurance, no new legislation would be required. The lack of registration of engineers might be an issue, but no architect who is ultimately responsible for a building will work with an engineer they regard as incompetent. </p>
<p>The National Construction Code is <a href="https://theconversation.com/to-restore-public-confidence-in-apartments-rewrite-australias-building-codes-126678">not good at requiring buildings to be waterproof</a>, but, again, some simple changes could be made to the Home Building Act. These should include beefed-up requirements for waterproofing any balcony or planter box larger in area than about six square metres. </p>
<p>We know for sure any tiles directly stuck to a membrane over a large area will fail, either immediately or relatively soon. Making it compulsory to use a system that allows tiles to be removed to access the membrane is simple and will eliminate years of misery. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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<h2>What’s stopping the government?</h2>
<p>If these steps are so simple and obvious, why isn’t the NSW government doing it? </p>
<p>Mainly, it would appear, because it’s <a href="https://www.smh.com.au/politics/nsw/liberals-enact-plan-b-to-ban-property-developer-hit-list-from-local-councils-20200228-p545ei.html">in thrall to the development industry</a>, which believes reintroducing these measures will reduce its profits.</p>
<p>The developers are right about this; building properly is more expensive. But I think most buyers would happily pay a bit more for a safe and durable product. They do that when buying consumer durables such as cars and appliances. </p>
<p><a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">Good developers would benefit</a> as this approach would help weed out the dodgy ones. </p>
<p>To restore the public’s <a href="https://www.smh.com.au/national/nsw/the-game-s-changed-nsw-building-boss-set-for-extra-powers-to-launch-construction-crackdown-20200224-p543ut.html">lost confidence in new multi-unit residential housing</a>, the government should pull the levers it has to hand first and then resolve the problem of existing defective stock. </p>
<p>Later it can think about some of the wider issues, but how about doing something useful now? We have been waiting two years.</p><img src="https://counter.theconversation.com/content/132502/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer has received funding from the NSW BACC. He is a member of the Australian Institute or Architects. </span></em></p>The proposed law does little to give people confidence in the apartments they buy. And it utterly neglects the role of architects and on-site inspections in delivering sound buildings.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1301652020-01-29T19:06:43Z2020-01-29T19:06:43ZBuilding standards give us false hope. There’s no such thing as a fireproof house<p>Bushfires have killed <a href="https://www.theguardian.com/australia-news/2020/jan/24/bushfires-death-toll-rises-to-33-after-body-found-in-burnt-out-house-near-moruya">33 people</a> and destroyed nearly 3,000 houses across Australia so far this fire season. Canberra is under threat right now.</p>
<p>It isn’t only houses. Significant commercial buildings have been destroyed, among them Kangaroo Island’s iconic <a href="https://www.smh.com.au/national/there-s-just-nothing-left-iconic-tourist-site-will-rebuild-as-fires-threaten-premiums-20200110-p53qed.html">Southern Ocean Lodge</a>. </p>
<p>In New South Wales alone, <a href="https://www.abc.net.au/news/2020-01-16/nsw-fire-affected-schools-will-be-safe-for-returning-students/11870494">140</a> schools have been hit. Many require <a href="https://www.abc.net.au/news/2019-11-29/wytaliba-students-return-to-classroom-after-bushfire/11746188">extensive</a> work.</p>
<p>The <a href="https://www.abcb.gov.au/Connect/Categories/National-Construction-Code">National Construction Code</a> provides false, and dangerous, hope.</p>
<p>It requires new homes (Class 1 buildings) built in declared “bushfire-prone” areas to be built to either <a href="http://www.as3959.com.au/">Australian Standard 3959</a>, the National Association of Steelframed Housing standard “<a href="https://www.nash.asn.au/shop/product/nash-standard-for-steel-framed-construction-in-bushfire-areas/">Steel Framed Construction in Bushfire Areas</a>”, or a “performance solution”, which could be anything that in the opinion of a qualified person complies with the performance requirements of the code. </p>
<p>It also applies to Class 2 buildings (apartments) and Class 3 buildings (hotels and guesthouses) in bushfire-prone areas. </p>
<p>Disturbingly, the code does not apply to community buildings, such as schools. </p>
<h2>The standard does not fireproof buildings</h2>
<p>The definition of “bushfire-prone” varies from state to state, as do the procedures for enforcing it.</p>
<p>Confused? So are many construction professionals. </p>
<p>The sad truth is that any practical building that is exposed to an intense bushfire will probably burn down, whether it complies with Australian Standard 3959 or not.</p>
<p>Worse still, the available evidence suggests there is a significant risk that the people sheltering in it will not survive without an effective refuge, which Australian Standard 3959 does not mandate or consider. </p>
<p>The standard speaks for itself:</p>
<blockquote>
<p>Although this Standard is designed to improve the performance of buildings when subjected to bushfire attack in designated bushfire-prone areas, there can be no guarantee that a building will survive a bushfire event on every occasion. This is substantially due to the unpredictable nature and behaviour of fire and extreme weather conditions.</p>
</blockquote>
<p>More importantly, while a building constructed to Australian Standard 3959 might be less likely to burn down, Standard 3959 in its current form might not protect the people within the building. </p>
<h2>Worse, it might not protect people</h2>
<p>The highest aim of any system of building regulation ought to be life and safety, followed by the protection of adjoining properties and then, a long way back, by the protection of the property itself. </p>
<p>In the case of bushfire, the <a href="https://abcb.gov.au/">Australian Building Codes Board</a> and its political masters appear to have put the protection of buildings first, when it should be last. </p>
<p>If a house is under threat by bushfire, the best advice is to evacuate early, whether it complies with Australian Standard 3959 or not.</p>
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Read more:
<a href="https://theconversation.com/our-buildings-arent-made-to-keep-out-bushfire-smoke-heres-what-you-can-do-129367">Our buildings aren't made to keep out bushfire smoke. Here's what you can do</a>
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<p>By encouraging people to believe they can defend a structure compliant with Australian Standard 3959 we could be putting more people at risk than if we simply told them to evacuate.</p>
<p>Residents and firefighters defending houses have accounted for a large percentage of the deaths this fire season. </p>
<h2>It’d be better to rethink where we build</h2>
<p>We may need to have difficult conversations about whether our subdivision practices are appropriate. Allowing people to build in areas that are bushfire-prone, particularly where buildings are effectively built into the bush, might be creating unmanageable problems for the future. </p>
<p>If there is no such thing as a bushfire-proof house, as Australian Standard 3959 seems to concede, we might need to focus on evacuation and shelters. </p>
<p>In the United States, rather than requiring houses to resist tornadoes or wildfires, the Federal Emergency Management Agency encourages the provision of shelters. State and local authorities often make these mandatory. </p>
<h2>People are more important than structures</h2>
<p>Having attended one funeral for a person killed defending their home this fire season, I have had enough. We should not be worrying about protecting buildings until we have worked out how to protect human life. </p>
<p>The <a href="https://www.industry.gov.au/regulations-and-standards/building-and-construction/building-ministers-forum">Building Ministers’ Forum</a> and the <a href="https://abcb.gov.au/">Australian Building Codes Board</a> should either embrace a policy of early evacuation or mandate fire shelters in bushfire-prone areas for both new and existing houses. </p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/australian-building-codes-dont-expect-houses-to-be-fire-proof-and-thats-by-design-129540">Australian building codes don't expect houses to be fire-proof – and that's by design</a>
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<p>The board and the states should also make every effort to regulate to ensure all buildings and places designated as refuges of last resort can properly fulfil their intended function, whether they are new or not. </p>
<p>If we are going to have another fire season similar to this year, and so far the CSIRO predictions on this have been totally accurate, we will need to sort this out quickly, preferably before next summer.</p><img src="https://counter.theconversation.com/content/130165/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>People die protecting homes. They are wrong to believe their homes will protect them.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1285482020-01-22T19:04:44Z2020-01-22T19:04:44ZHomes with higher energy ratings sell for more. Here’s how Australian owners could cash in<figure><img src="https://images.theconversation.com/files/311010/original/file-20200120-69531-11afro9.jpg?ixlib=rb-1.1.0&rect=32%2C299%2C6689%2C4463&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The University of Wollongong Illawarra Flame House demonstrates how a typical Aussie fibro home can be transformed into a net-zero-energy sustainable home.</span> <span class="attribution"><span class="source">Dee Kramer</span>, <span class="license">Author provided</span></span></figcaption></figure><p>Everybody wants an energy-efficient home. After all, an energy-efficient home is comfortable to live in, without large energy bills. These can be important factors for prospective home owners or renters. <a href="http://builtbetter.org/node/8139">Our review</a> of international research found energy-efficient homes typically fetch a higher price.</p>
<p>An energy performance rating is one way to show how “energy hungry” a home could be. In many countries, it is mandatory for the seller to obtain and disclose a home’s rating. <a href="https://ec.europa.eu/energy/en/topics/energy-efficiency/energy-performance-of-buildings/energy-performance-buildings-directive">For European Union countries, this has been the case for ten years</a>.</p>
<p>But that’s not the case in most of Australia. Only one of the states and territories – <a href="https://www.accesscanberra.act.gov.au/app/answers/detail/a_id/1492/%7E/energy-efficiency-rating-%28eer%29-statements">the ACT</a> – has a regulated scheme to disclose the energy-efficiency rating of housing to prospective buyers. </p>
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<em>
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Read more:
<a href="https://theconversation.com/australias-still-building-4-in-every-5-new-houses-to-no-more-than-the-minimum-energy-standard-118820">Australia's still building 4 in every 5 new houses to no more than the minimum energy standard</a>
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<p>Disclosing energy ratings is <a href="https://www.energy.gov.au/government-priorities/energy-productivity-and-energy-efficiency/commercial-building-disclosure">standard practice in the commercial building sector</a> in Australia. <a href="https://www.buildingrating.org/file/1215/download">Previous research</a> showed this increases the value of buildings with higher energy ratings (a price premium). Our <a href="http://builtbetter.org/node/8139">recent review</a> of international research looked to see if a similar effect exists in the residential sector.</p>
<h2>What does the research show?</h2>
<p>The majority (23) of the 27 relevant studies we reviewed found more energy-efficient homes fetch higher prices than less energy-efficient, but otherwise comparable, homes. So what sort of price premium do houses with a higher energy rating attract? It’s typically around 5% to 10%. </p>
<p>Price effects were considered in two ways. The first involved comparing rated versus unrated residences. The second compared higher-rated residences with lower-rated ones. In both cases, a price premium was found to exist. </p>
<p>The reported price premium varied substantially by study, country and real estate market. <a href="https://www.emerald.com/insight/content/doi/10.1108/IJHMA-09-2014-0035/full/html">One study</a>, in Belfast, found a 27% price premium for higher-rated buildings. <a href="https://www.sciencedirect.com/science/article/pii/S0301421516303482">Another in the Netherlands</a> found a price premium of 2.7% for similarly higher-rated dwellings. </p>
<p>Only <a href="https://www.sciencedirect.com/science/article/pii/S014098831830166X">one study looked at Australia</a> (the ACT scheme, which has operated since 2003). It found a 2.4% price premium for a six-star house and a 9.4% premium for a seven-star house compared to a 3 star home. For Australia, with a median house price of $773,635 in late 2019, the ACT results equate to potential price premiums of $18,500 and $72,721. </p>
<p>Obviously, it isn’t just the energy rating of a house that affects its price. Location, size, age and other relevant features of a property influence the final price. Researchers use a statistical method, called <a href="https://www.investopedia.com/terms/h/hedonic-regression.asp">hedonic regression</a>, to estimate the effects of all these factors. A home energy rating was included as one of these factors. </p>
<p>The studies we reviewed were published between 2011 and 2019, covering 14 countries and ten energy performance rating schemes. Most of the studies (18) considered the European Union’s Energy Performance Certificate (EPC). Although there are differences in how each EU country defines and manages these certificates, they are broadly comparable, in that they use a standard A (high) to G (low) grade.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=295&fit=crop&dpr=1 600w, https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=295&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=295&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=370&fit=crop&dpr=1 754w, https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=370&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/310183/original/file-20200115-151834-c1hbeb.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=370&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Example of a displayed Energy Performance Certificate from the UK, with an A to G rating. The certificate include details on how to improve the rating and indicates the potential rating if all upgrades were completed.</span>
</figcaption>
</figure>
<h2>How would this system benefit Australia?</h2>
<p>This system would obviously be good for people trying to sell (or wanting to buy) energy-efficient homes, but it’s also good for our society. It has been estimated <a href="http://coagenergycouncil.gov.au/sites/prod.energycouncil/files/publications/documents/Report%20for%20Achieving%20Low%20Energy%20Homes.pdf">almost half the homes that will be in use in 2050 have already been built</a>. If we are to meaningfully reduce carbon emissions from our cities and built environment, we need to tackle our existing building stock. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/making-every-building-count-in-meeting-australias-emission-targets-126930">Making every building count in meeting Australia's emission targets</a>
</strong>
</em>
</p>
<hr>
<p>A scheme that allows owners to capitalise on the energy efficiency of their home would change the economics of <a href="https://theconversation.com/the-other-99-retrofitting-is-the-key-to-putting-more-australians-into-eco-homes-91231">retrofitting existing homes</a>. Owners would have a clear incentive to improve energy performance without the need for large government subsidies. </p>
<p>Unfortunately, there is <a href="http://www.asbec.asn.au/wordpress/wp-content/uploads/2016/01/160119-ASBEC-National-Framework-for-Residential-Ratings-Policy-Platform.pdf">no agreed method to measure energy-efficiency</a> for the majority of existing Australian homes (i.e. those outside the ACT). This means there is no simple way for prospective owners or renters to make an informed decision about the likely comfort and future energy bills for a home. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/greenwashing-the-property-market-why-green-star-ratings-dont-guarantee-more-sustainable-buildings-91655">Greenwashing the property market: why 'green star' ratings don't guarantee more sustainable buildings</a>
</strong>
</em>
</p>
<hr>
<p>Other countries have already shown the path forward. Key steps include:</p>
<ol>
<li><p>define a nationally consistent rating tool for existing homes. The Victorian government has developed the <a href="https://www.energy.vic.gov.au/energy-efficiency/residential-efficiency-scorecard">Victorian Residential Efficiency Scorecard</a>. This voluntary tool provides owners with a star rating for the overall energy performance of their home. It also provides specific information on its performance during hot weather, as well as recommendations on how to improve that performance</p></li>
<li><p>provide a framework for owners to voluntarily disclose the certified energy performance of their home at the point of sale or lease. Only owners of higher-rating homes will be likely to do this voluntarily</p></li>
<li><p>legislate for mandatory disclosure of a home’s energy rating when it’s being sold or leased</p></li>
<li><p>introduce minimum standards of energy performance for rental properties. Once a property’s energy performance is rated and disclosed, the government has a powerful policy lever to drive improvement of the energy efficiency of the existing building stock. For instance, <a href="https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance">in the UK</a>, owners are obligated to improve the energy performance of any property they wish to offer for rent to at least grade E (on an A-to-G scale).</p></li>
</ol>
<p>Our review of international academic literature suggests home buyers typically value a more energy-efficient home. When presented with easily accessible information in the form of an energy performance rating, they are willing to pay more. </p>
<p>Hence, energy rating disclosure policies can help consumers make informed decisions that will result in lower energy bills and more comfortable homes. At the same time, by allowing sellers to capitalise on energy-efficiency improvements through a certified rating, government can support reducing carbon emissions from our existing building stock. </p>
<p>To ensure we realise these societal and environmental benefits, all levels of government should co-ordinate to enact appropriate nationally consistent legislation. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/low-energy-homes-dont-just-save-money-they-improve-lives-81084">Low-energy homes don't just save money, they improve lives</a>
</strong>
</em>
</p>
<hr>
<p><em>The author would like to acknowledge Michelle Zwagerman for her contribution to this article.</em></p><img src="https://counter.theconversation.com/content/128548/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>This research was funded by the CRC for Low Carbon Living supported by the Cooperative Research Centres program, an Australian government initiative. Any opinions expressed in this document are those of the author. They do not purport to reflect the opinions or views of the CRCLCL or its partners, agents or employees.
</span></em></p>Buyers pay more for a home they know has a good energy rating. That’s worth an extra 2.4-9.4% in the only part of Australia where energy ratings must be disclosed at the time of sale.Daniel Daly, Research Fellow at the Sustainable Buildings Research Centre, University of WollongongLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1290022020-01-20T19:03:44Z2020-01-20T19:03:44ZUnbuilding cities as high-rises reach their use-by date<figure><img src="https://images.theconversation.com/files/310805/original/file-20200120-118315-h8cwb8.jpg?ixlib=rb-1.1.0&rect=247%2C45%2C2755%2C1688&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Implosion is the most dramatic way of demolishing a building but it's also the most wasteful and hazardous.</span> <span class="attribution"><span class="source">Luke Schmidt/Shutterstock</span></span></figcaption></figure><p>We are entering a new world where skyscrapers and other huge buildings are becoming redundant and need significant overhaul or replacement. The process is called unbuilding or, if you’re a bit highfalutin, deconstruction.</p>
<p>These so-called <a href="https://www.theage.com.au/national/victoria/spreadsheets-in-the-sky-are-putting-melbourne-s-liveability-at-risk-20191203-p53gek.html">spreadsheet towers</a> populate every major city. They signalled modernity and provided huge profits for those who built them. But these buildings are <a href="https://phys.org/news/2017-06-high-rise-energy-intensive-low-rise.html">profligate users of fuels</a> for light, power and services.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/buildings-produce-25-of-australias-emissions-what-will-it-take-to-make-them-green-and-wholl-pay-105652">Buildings produce 25% of Australia's emissions. What will it take to make them 'green' – and who'll pay?</a>
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</em>
</p>
<hr>
<p>Most developed world cities started building skyscrapers after the second world war. These buildings were <a href="https://www.britannica.com/art/International-Style-architecture">International Style</a> architecture, unrecognisable is terms of a particular locale, universal in terms of their ubiquitous metal, concrete, glass – and fully air-conditioned. Now they are ageing, their use-by date is up and their balance sheet profitability no longer attracts. </p>
<h2>The challenges of demolition and reuse</h2>
<p>The question is: how do we safely dismantle these high-rise structures, which are generally located in busy cities? </p>
<p>Reminders of the dangers of explosive demolition are tragedies such as the <a href="https://www.canberratimes.com.au/story/6030620/katie-benders-family-commemorate-20-years-since-royal-canberra-hospital-implosion/">death of 12-year-old Katie Bender</a>. She was struck by flying debris when the Royal Canberra Hospital was razed in 1997 to make way for the new National Museum of Australia. </p>
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<iframe width="440" height="260" src="https://www.youtube.com/embed/EsPnm43Cjr0?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">A news report of the 1997 Royal Canberra Hospital demolition that resulted in the death of 12-year-old Katie Bender.</span></figcaption>
</figure>
<p>A recent demolition, and the <a href="https://www.archdaily.com/889563/soms-iconic-270-park-avenue-at-risk-of-becoming-the-largest-building-ever-to-be-demolished">tallest ever to be unbuilt</a>, is 270 Park Avenue, New York City. Its 52 floors were built in 1960 for the Union Carbide chemical company. The building was for 50 years the tallest ever designed by a female architect (Natalie de Bios of Skidmore, Owings and Merrill. Is that another low hit for gender equality?) Its replacement by architects Norman Foster will be <a href="https://gothamist.com/news/270-park-avenue-quintessential-modernist-skyscraper-being-slowly-destroyed-chase-bank">twice as high</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/a-short-history-of-tall-buildings-the-making-of-the-modern-skyscraper-56850">A short history of tall buildings: the making of the modern skyscraper</a>
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</em>
</p>
<hr>
<p>The business of disassembling these skyscrapers is just now developing, but it will gain pace as more become obsolete. </p>
<p>Some still get imploded, but usually, in a busy city, demolition techniques must be unobtrusive, as quiet and clean as possible. The <a href="https://us.macmillan.com/books/9780865476752">techniques used for cleaning up the World Trade Centre</a> testify to the wastefulness of a more destructive approach.</p>
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<iframe width="440" height="260" src="https://www.youtube.com/embed/ufgpFz-dYM4?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Unbuilding the World Trade Centre: an account by William Langewiesche who reported exhaustively on the work.</span></figcaption>
</figure>
<h2>So how best to demolish a high-rise building?</h2>
<p>Plenty of <a href="https://www.nytimes.com/2013/06/18/science/tricky-ways-to-pull-down-a-skyscraper.html">clever techniques to demolish</a> exist. Some start at the base and work up, others in reverse. </p>
<p>The 40-storey Akasaka Prince Hotel in Tokyo was slowly <a href="https://www.scmp.com/news/asia/article/1160452/eco-friendly-japanese-demolition-scheme-slashes-dust-and-noise">demolished in 2012-13</a> using a technique where a cap was built on top of the building. It was stripped floor by floor as the cap was lowered, so all the dust, mess and debris was contained and removed with no effect on the environment.</p>
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<iframe width="440" height="260" src="https://www.youtube.com/embed/24mvk6zbxO4?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">The Akasaka Prince Hotel shrank floor by floor as it was demolished.</span></figcaption>
</figure>
<p>Buildings are wrapped in scaffold and protective fabric then literally dismantled in the reverse order to which they were built. In the process building waste can be recycled and reused rather than dumped.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-we-can-recycle-more-buildings-126563">How we can recycle more buildings</a>
</strong>
</em>
</p>
<hr>
<p>Reverse building involves removing the glass, then the frames, taking off the wall cladding, then scraping away at the concrete and steel frames bit by bit. Concrete is removed to expose the steel reinforcing bars, which are then separately removed and recycled. In the process unwanted material can be uncovered, like asbestos, which needs particular care in handling.</p>
<p>Interiors are unbuilt the same way – remove floor coverings, cupboards, doors and lightweight walls, strip the electrical wiring and pipes, take out air conditioning and lifts, remove stairs and escalators.</p>
<p>These removalists act smartly, as materials and fabric are recycled and often reused for another building. It is a sustainable way of dealing with the issue. Things that might normally have been reduced to dust and mud by destruction are instead usefully salvaged and recovered for an extended life cycle. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/with-the-right-tools-we-can-mine-cities-87672">With the right tools, we can mine cities</a>
</strong>
</em>
</p>
<hr>
<p>As part of the benefits of this procedure, unbuilding provides <a href="https://www.huduser.gov/Publications/PDF/deconstruct.pdf">large numbers of construction jobs and associated employment</a> in transportation, waste management and recycling. </p>
<p>It also provides new construction sites. This means cities need not expand beyond existing boundaries and the infrastructure of services, roads and public transport need not be extended.</p>
<h2>Building with an eye to unbuilding</h2>
<p>What has interested those involved with this work is the capacity of building designers (let’s call them architects) to creatively improve their buildings in terms of life after use-by date. Techniques are being developed that assist in unbuilding and salvaging materials, even down to basic principles such as ease of access to pipes and wires, modular components and simplified connection practices.</p>
<p>The logic is that clarity of building structure and services makes retrieval simpler. Less complexity of materials and components means a building can be untangled more efficiently. </p>
<p>Fastening devices can be simplified and mechanical (rather than using glues and sealants), toxic materials avoided, materials selected with an afterlife in mind and structures designed for simplicity and accessibility. Also important is a clear set of as-built documents that map the original building so it can be disassembled.</p>
<p>Clear design thinking will have value for unbuilding and recycling in the future.</p>
<h2>Making construction more sustainable</h2>
<p>The construction industry is a main consumer of fuels, timber, steel and other metals, concrete and plastics. That demand drives the logging of forests, mining and extraction, leading to material production and transport that contributes to emissions and pollution.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/making-every-building-count-in-meeting-australias-emission-targets-126930">Making every building count in meeting Australia's emission targets</a>
</strong>
</em>
</p>
<hr>
<p>The UK Green Building Council <a href="https://www.ukgbc.org/climate-change/">estimates</a> the construction industry generates about 22% of UK carbon emissions, uses 40% of drinking water, contributes 50% to climate change and over half our landfill waste, and accounts for 39% of global energy use. The US Environmental Protection Agency (EPA) also <a href="https://archive.epa.gov/greenbuilding/web/pdf/gbstats.pdf">reports</a> that the industry contributes to asthma and lung cancer by producing radon via contaminated applied finishes (paint). </p>
<p>Driving the need for much greater reuse of old building materials is an awareness of the fragility of our resources and the energy we use to consume them.</p><img src="https://counter.theconversation.com/content/129002/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Norman Day does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The problems of demolishing high-rise buildings in busy cities point to the need to prepare for unbuilding at the time of building. We’d then be much better placed to recycle building materials.Norman Day, Lecturer in Architecture, Practice and Design, Swinburne University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1266782019-12-04T18:35:31Z2019-12-04T18:35:31ZTo restore public confidence in apartments, rewrite Australia’s building codes<figure><img src="https://images.theconversation.com/files/305784/original/file-20191209-90562-cc69up.jpg?ixlib=rb-1.1.0&rect=415%2C53%2C2202%2C1103&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Compliance with the National Construction Code provides no guarantee that an apartment won't leak.</span> </figcaption></figure><p>A prestige apartment building in Sydney built by a well-known developer is undergoing a second replacement of a terrace waterproof membrane five years after replacement of the first one, which had leaked from completion. </p>
<p>The second membrane almost certainly complied with the <a href="https://ncc.abcb.gov.au/ncc-online/About">National Construction Code</a> (NCC) and was certified as compliant; the first one might also have complied. Yet, for 15 years, owners and tenants living under the terraces have put up with mouldy walls, carpets and ceilings because the code does not adequately control waterproofing materials and methods. </p>
<p>A key assumption made by governments and regulators has been that confidence will return to the market if apartments are built to meet National Construction Code requirements. As the story above shows, complying with the code alone will not be enough to fix many common defects. Public confidence will still be lacking.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">Lack of information on apartment defects leaves whole market on shaky footings</a>
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</p>
<hr>
<p>In 2017, the <a href="https://www.industry.gov.au/regulations-and-standards/building-and-construction/building-ministers-forum">Building Ministers’ Forum</a>, the group of federal, state and territory ministers responsible for building regulation in Australia, commissioned a report from Peter Shergold and Bronwyn Weir. Their <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf?acsf_files_redirect">report said</a> there was “… diminishing public confidence that the building and construction industry can deliver compliant, safe buildings which will perform to the expected standards over the long term”.</p>
<p>Since then, the high-profile structural failure and <a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">evacuation of Opal Tower</a> on Christmas Eve 2018, the <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">cladding fire at Neo200</a> in February 2019 and the structural failure and <a href="https://theconversation.com/buck-passing-on-apartment-building-safety-leaves-residents-at-risk-119000">evacuation of Mascot Towers</a> in June 2019 have kept this issue in the media spotlight. If anything, the public <a href="https://www.afr.com/news/politics/national/the-apartment-building-crisis-explained-20190716-p527k0">crisis of confidence</a> has deepened. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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</p>
<hr>
<h2>Part of the problem is the code itself</h2>
<p>The National Construction Code originated as a minimum standard to deliver structural integrity and fire safety. It was never intended to provide effective control over all the aspects of building work that make houses or apartments liveable and durable. This might come as a surprise to many people, including those in government, but it is inherent to the “minimum standard” approach that underpins the structure and objectives of the code. </p>
<p>The objectives on page 9 of volume 1 of the code, which covers apartments, are instructive:</p>
<blockquote>
<p>1) ensure requirements have a rigorously tested rationale; and </p>
<p>2) effectively and proportionally address applicable issues; and </p>
<p>3) create benefits to society that outweigh costs; and</p>
<p>4) consider non-regulatory alternatives; and</p>
<p>5) consider the competitive effects of regulation; and</p>
<p>6) not be unnecessarily restrictive.</p>
</blockquote>
<p>In attempting to consider “competitive effects”, avoid being “restrictive” and by encouraging “non-regulatory alternatives”, including self-certification and self-regulation, the code has opened the door to an “anything goes” mentality on many fronts. </p>
<p>Waterproofing requirements for houses and apartments under section F of the code are clearly ineffective, for a start. </p>
<p>The relevant Australian Standards, <a href="https://infostore.saiglobal.com/preview/315369811573.pdf?sku=120285_SAIG_AS_AS_252122">AS 4654.1</a> and <a href="https://infostore.saiglobal.com/preview/315378204076.pdf?sku=120284_SAIG_AS_AS_252120">AS 4654.2</a>, were written with a lot of input from the building materials supply industry. The standards permit the use of unsuitable waterproofing membranes in many situations, particularly where ceramic tiles are directly bonded to an inappropriate liquid-applied membrane. As the example at the start of this article shows, this solution rarely lasts longer than four or five years and considerably less in some cases. </p>
<p>Rectification is expensive and inconvenient. It involves hacking up and replacing all the tiles. </p>
<p>In addition, every apartment building built without a step in the slab at the junction between walls and floors will probably develop leaks within a similar timeframe. </p>
<p>These practices are driven by the desire to save a few dollars in construction cost, not by a commitment to deliver a required standard of durability. Durability is not part of the code objectives. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/would-you-buy-a-new-apartment-building-confidence-depends-on-ending-the-blame-game-122180">Would you buy a new apartment? Building confidence depends on ending the blame game</a>
</strong>
</em>
</p>
<hr>
<h2>How can the code be fixed?</h2>
<p>We could improve the code in a number of simple ways:</p>
<ol>
<li><p>Class 1 (houses) and class 2 (apartments) buildings should both be in volume 2, which would be dedicated to housing intended for sale. Houses and apartments should be required to be “fit for purpose” with a clearly stated objective to provide protection to the buyer. These should include a mandatory minimum statutory warranty of seven to ten years, backed by government. </p></li>
<li><p>The required durability of waterproofing membranes and details for all housing, and class 2 apartments in particular, must be clearly stated. Waterproofing should be required to last at least 25 years without significant maintenance, and perhaps 40 years for buildings where access to the waterproofing element requires demolition or is fundamentally difficult. Details that are not durable, including slabs without steps at wall junctions, or terrace and balcony tiles directly bonded to liquid-applied waterproof membranes, should be banned. </p></li>
<li><p>The structure of an apartment should be required to last with no substantial maintenance for at least 50 to 60 years. The minimum expectation for durability for any envelope component and associated finishes on buildings over three storeys should be 25 years, and perhaps 40 years for taller buildings. </p></li>
<li><p>The “performance requirements” of section F of the code, “Health and Amenity”, should be expanded to ensure apartments are comfortable, economical to maintain and <a href="https://theconversation.com/dont-forget-our-future-climate-when-tightening-up-building-codes-113365">sustainable</a>. </p></li>
</ol>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">Australia has a new National Construction Code, but it's still not good enough</a>
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</p>
<hr>
<p>Some developers are already delivering well-designed apartment buildings that are durable and fit for purpose. They are to be commended. The <a href="https://theconversation.com/lack-of-information-on-apartment-defects-leaves-whole-market-on-shaky-footings-127007">problem for buyers is identifying these</a> amid a sea of dross. </p>
<p>For new houses and apartments, we need to ensure the National Construction Code matches community expectations on fitness for purpose and durability. This requires a return to more active and interventionist regulatory framework, including putting independent “eyes on the site” to inspect work during construction.</p><img src="https://counter.theconversation.com/content/126678/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer has received research funding from the Building and Construction Council (BACC) NSW. </span></em></p>Governments and regulators assume compliance with building regulations will restore public confidence. But complying with the National Construction Code won’t fix many common defects.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1270072019-11-20T19:16:32Z2019-11-20T19:16:32ZLack of information on apartment defects leaves whole market on shaky footings<p>The litany of <a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">defects, poor building standards</a> and <a href="https://theconversation.com/ministers-fiddle-while-buildings-crack-and-burn-120592">regulatory failures</a> has serious implications for apartment owners, occupiers and buyers alike. Fears of a <a href="https://www.afr.com/news/politics/national/the-apartment-building-crisis-explained-20190716-p527k0">loss of confidence in the sector</a> have unfortunately come true. Our research suggests a lack of reliable information about building defects is a critical factor in the crisis.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/would-you-buy-a-new-apartment-building-confidence-depends-on-ending-the-blame-game-122180">Would you buy a new apartment? Building confidence depends on ending the blame game</a>
</strong>
</em>
</p>
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<p>About a year ago, we started a research project with <a href="https://cityfutures.be.unsw.edu.au/documents/536/defects_project_overview.pdf">six industry partners</a> in New South Wales entitled <a href="https://cityfutures.be.unsw.edu.au/research/projects/defects-strata/">Cracks in the Compact City: Tackling Defects in Multi-Unit Strata Housing</a>. The context is compact city planning policies and a rapid shift towards apartment living in Australian cities. </p>
<p>The urban development strategies of NSW and other states rely on higher-density cities with many more multi-unit strata title dwellings. The <a href="https://theconversation.com/its-not-just-the-building-cracks-or-cladding-sometimes-uncertainty-does-even-more-harm-120662">human</a> and <a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">economic</a> impacts of the building defects crisis could undermine these strategies. </p>
<p>Even with our resources, obtaining data on the extent and nature of defects in NSW apartment buildings has been a challenge. Individual buyers and owners must face even greater obstacles. </p>
<p>This lack of access to information poses a clear challenge to the principle of “buyer beware” that underpins property sales. The imbalance it creates between buyers and sellers is a prime example of what economists call “<a href="https://en.wikipedia.org/wiki/Information_asymmetry">information asymmetry</a>”. </p>
<h2>Why does this matter for the whole apartment market?</h2>
<p>Nobel laureate George Akerlof <a href="https://www2.bc.edu/thomas-chemmanur/phdfincorp/MF891%20papers/Ackerlof%201970.pdf">explained</a> how the price and quality of goods traded in a market affected by information asymmetries tend to gradually reduce to the point where only lowest-cost “lemons” remain. When buyers can’t tell the difference between products of good and bad quality, they typically prefer the cheapest available. This forces higher-quality products out of the market. </p>
<p>Sellers can also exploit this situation to hide poor-quality products from consumers. They might even charge the same as competitors selling higher-quality products. </p>
<p>While some unscrupulous sellers might profit in the short term, overall profits fall for everyone as confidence and links between price and quality are undermined. Ultimately, the entire market can collapse.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/its-not-just-the-building-cracks-or-cladding-sometimes-uncertainty-does-even-more-harm-120662">It's not just the building cracks or cladding – sometimes uncertainty does even more harm</a>
</strong>
</em>
</p>
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<p>The risks are highest in markets with these two features:</p>
<ul>
<li>sellers are not rewarded for delivering information to buyers or cannot disclose it effectively</li>
<li>buyers cannot discriminate between the quality of different products, as is often the case in apartment developments. </li>
</ul>
<p>These problems are more likely when buyers cannot easily inspect products at the time of sale – as with apartment units bought off the plan.</p>
<p>When a vendor sells a product to multiple buyers, again typical in apartment developments, that can multiply the impact of information asymmetries. </p>
<p>The buyer of a standalone house might be able to make the sale conditional on an independent inspection of the entire building. But such clauses are very difficult to negotiate in off-the-plan sales for apartments in multi-unit buildings. </p>
<p>It would also be too costly for each buyer to commission such an inspection. Buyers are unable to organise a joint inspection of the building until after they have settled, which greatly increases their risk. While NSW’s new <a href="https://www.fairtrading.nsw.gov.au/housing-and-property/strata-building-bond-and-inspections-scheme">defects bond scheme</a> does require an inspection, it happens after ownership is transferred.</p>
<p>The negative impacts for buyers have spill-over effects as information asymmetries mean risks are perceived to increase across the entire apartment housing sector. <a href="https://www.afr.com/property/residential/the-opal-tower-effect-sydney-high-rise-site-sales-crash-50-per-cent-20191024-p533t4">Negative publicity</a>, such as the <a href="https://www.news.com.au/national/stalemate-leaving-fireprone-ticking-time-bombs-around-australia/news-story/7b26701bd6a690238a98e590c7d9a76a">flammable cladding</a> and <a href="https://www.smh.com.au/national/we-ve-had-ceilings-collapse-sydney-s-30-million-in-defect-payouts-revealed-20190705-p524kq.html">defects</a> scandals, can cause values to fall market-wide, regardless of the quality of individual developments. At the same time, <a href="https://www.smh.com.au/politics/federal/berejiklian-calls-for-national-solution-amid-building-crisis-20190715-p527gj.html">finance and insurance costs increase</a>.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">The big lesson from Opal Tower is that badly built apartments aren't only an issue for residents</a>
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<p>The issue persists for subsequent buyers too. Information about defects is often unavailable due to <a href="https://www.afr.com/property/residential/a-bigger-problem-than-building-defects-20190724-p52a6g">poor record-keeping</a> or <a href="https://cityfutures.be.unsw.edu.au/documents/424/Case_Study_Poster_-_Defects_3.pdf">confidentiality agreements</a>. Ironically, this adds to the information asymmetries that contributed to the problem in the first place.</p>
<h2>What can we do about the problem?</h2>
<p>To reduce information asymmetries, sellers and buyers tend to engage in two main types of behaviour: <a href="https://www.semanticscholar.org/paper/Job-Market-Signaling-Spence/c63c6222735629d0e232d5b2532152bf3b0880a8">signalling and screening</a>.</p>
<p>Signalling involves sellers flagging the higher quality of their products to buyers indirectly. For example, a reputable developer may use warranties and brands or quality marks, certificates and awards as a sign of their high-quality work. Buyers may well be prepared to pay more for higher-quality products that won’t cost more in the longer term.</p>
<p>Crucially, signalling only works if the signal is credible. At present, there are no construction-specific quality certifications and warranties, only <a href="https://www.iso.org/standard/62085.html">generic standards such as the international ISO 9001: 2015</a>. And the administrative burden and costs of independent third-party certification make it unviable for many small companies. So instruments like ISO 9001 are likely of very limited value for effective signalling in the apartment sector.</p>
<p>The NSW Building Commissioner is supporting an industry rating system that will enable better signalling. Data mining will be used to identify risky players and <a href="https://www.theage.com.au/politics/victoria/phoenixing-in-crosshairs-amid-crackdown-on-dodgy-building-operators-20191028-p5351a.html">phoenix operators</a>. It should take effect in the apartment sector by 2021.</p>
<p>Screening involves buyers investing time and resources to uncover the likelihood of defects. This includes examining available records and the behaviours of sellers and their representatives. But this adds to buyers’ costs, which disadvantages them in the marketplace. </p>
<p>Stakeholders in the building development process should be compelled to release this information. NSW’s <a href="https://www.registrargeneral.nsw.gov.au/news/new-requirements-for-off-the-plan-contracts-from-1-december-2019">new law</a> on off-the-plan contract sales will increase sellers’ disclosure obligations and provide stronger protections for buyers. Importantly, sellers will have to identify material changes made during the development process at least 21 days before settlement. </p>
<p>A similar requirement involving an independent expert building inspection would help buyers better understand the risk of defects before they finalise their purchase.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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</p>
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<p>Another positive move is the requirement in the new <a href="https://www.fairtrading.nsw.gov.au/consultation-tool/design-and-building-practitioners-bill-2019">Design and Building Practitioners Bill</a> for declared designs and as-built drawings to be lodged with the government. The Building Commissioner has said these will be made available on an easy-to-access platform. </p>
<p>This would enable buyers to check information as the development progresses, before the crucial building handover. It’s a step towards creating a “<a href="https://www.thefifthestate.com.au/columns/spinifex/new-nsw-building-legislation/">digital twin</a>” for everyone licensed to perform construction work, making it easier for the public to check their record. </p>
<p>While the devil is likely to be in the detail, the NSW government is on the right track in tackling the information asymmetry problem. However, the various information gatekeepers will still have to be persuaded – or required – to release information they have long withheld in their own interests.</p><img src="https://counter.theconversation.com/content/127007/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Martin Loosemore receives funding from The Australian Research Council.</span></em></p><p class="fine-print"><em><span>Bill Randolph receives funding from the Australian Research Council, the Australian Housing and Urban Research Institute, South Sydney Regional Organisation of Councils, the Community Housing Industry Association and various strata industry organisations.
He is a Director of Shelter NSW, a Fellow of the Planning Institute of Australia and a member of the Australasian Housing Institute. </span></em></p><p class="fine-print"><em><span>Caitlin Buckle receives funding from the Australian Research Council. </span></em></p><p class="fine-print"><em><span>Hazel Easthope receives funding from the Australian Research Council, the Australian Housing and Urban Research Institute, Strata Community Association and the City of Sydney.</span></em></p><p class="fine-print"><em><span>Laura Crommelin receives funding from the Australian Research Council and the Australian Housing and Urban Research Institute. </span></em></p>The difficulty of finding out about building defects creates an information deficit that threatens public confidence and stability in the apartment market. NSW has begun work on a solution.Martin Loosemore, Professor of Construction Management, University of Technology SydneyBill Randolph, Director, City Futures Research Centre, Faculty of the Built Environment, UNSW SydneyCaitlin Buckle, PhD Candidate in Human Geography, UNSW SydneyHazel Easthope, Associate Professor, City Futures Research Centre, UNSW SydneyLaura Crommelin, Research Lecturer, City Futures Research Centre, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1221802019-08-27T20:10:39Z2019-08-27T20:10:39ZWould you buy a new apartment? Building confidence depends on ending the blame game<p>“What we need to do is rebuild confidence in Australia’s building and construction sector,” <a href="https://www.minister.industry.gov.au/ministers/karenandrews/transcripts/doorstop-building-ministers-forum-sydney">said</a> federal minister Karen Andrews after the July 2019 meeting of the <a href="https://www.industry.gov.au/regulations-and-standards/building-and-construction/building-ministers-forum">Building Ministers’ Forum</a>. </p>
<p>This has been a recurring theme since the federal, state and territory ministers commissioned Peter Shergold and Bronwyn Weir in mid-2017 to assess the effectiveness of building and construction industry regulation across Australia. They presented their <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">Building Confidence report</a> to the ministers in February 2018. </p>
<p>In the 18 months since then, the combined might of nine governments has made scant progress towards implementing the report’s 24 simple recommendations. Confidence in building regulation and quality has clearly continued to deteriorate among the public and construction industry.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">The big lesson from Opal Tower is that badly built apartments aren't only an issue for residents</a>
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<p>In last week’s Four Corners program, <a href="https://www.abc.net.au/4corners/cracking-up/11431474">Cracking Up</a>, Weir was asked whether she would buy an apartment. She responded: “I wouldn’t buy a newly built apartment, no […] I’d buy an older one.” She went on to say: </p>
<blockquote>
<p>We have hundreds of thousands of apartments that have been built across the country over the last two, three decades. Probably the prevalence of noncompliance has been particularly bad, I would say in the last say 15 to 20 years […] And that means there’s a lot of existing building stock that has defects in it […] There’ll be legacy issues for some time and I suspect there’ll be legacy issues that we’re not even fully aware of yet. </p>
</blockquote>
<p>These comments may not have delighted those developers trying to sell new apartments, or owners selling existing apartments, but they are fair and correct. Confidence will not be restored until all the governments act together to improve regulatory oversight and deal with existing defective buildings. </p>
<p>Residents of the <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse</a>, <a href="https://www.theage.com.au/national/victoria/same-as-grenfell-tower-cladding-fears-as-fire-rips-through-melbourne-cbd-apartment-building-20190204-p50vgl.html">Neo200</a>, <a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">Opal</a> and <a href="https://theconversation.com/buck-passing-on-apartment-building-safety-leaves-residents-at-risk-119000">Mascot</a> towers and other buildings with serious defects are already living with the impact of “legacy” problems. Over the weekend, <a href="https://www.abc.net.au/news/2019-08-23/cladding-and-mould-forces-residents-out-of-apartment-block/11443976">another apartment building was evacuated</a> – this time in Mordialloc in southeast Melbourne. The building was deemed unsafe because it was clad with combustible material and had defects in its fire detection and warning system.</p>
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<iframe width="440" height="260" src="https://www.youtube.com/embed/_qpPAoWy1CU?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Residents had to evacuate an apartment building in Mordialloc, Melbourne, after it was found to pose an extreme fire safety risk.</span></figcaption>
</figure>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Cladding fire risks have been known for years. Lives depend on acting now, with no more delays</a>
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<h2>A costly but essential fix</h2>
<p>Fixing such defects is a costly business. A Victorian Civil and Administrative Tribunal <a href="https://www.vcat.vic.gov.au/resources/owners-corporation-no1-of-ps613436t-owners-corporation-no-2-of-ps613436t-owners">decision</a> established that the costs due to fire damage and replacing combustible cladding on the Lacrosse building in Melbourne are around A$36,000 per unit on average. At Mascot Towers, consultant engineers <a href="https://www.abc.net.au/news/2019-08-23/mascot-towers-repair-bill-soars-to-20-million/11439856">estimated the cost</a> of structural repairs at up to A$150,000 per unit on average.</p>
<p>According to <a href="https://cityfutures.be.unsw.edu.au/research/projects/governing-the-compact-city-the-role-and-effectiveness-of-strata-management-in-higher-density-residential-developments/">UNSW</a> and <a href="https://www.afr.com/property/residential/cladding-just-the-tip-of-the-iceberg-20190612-p51wrw#logout">Deakin</a> research, between 70% and 97% of units in strata apartments have significant defects. Let’s assume 85% have such defects and the average cost of fixing these is only $25,000 per unit. That would mean total repair costs for the 500,000 or so tall apartments (four-storey and above) across Australia could exceed A$10 billion. </p>
<p>The Victorian government has taken the lead on combustible cladding, <a href="https://www.abc.net.au/news/2019-07-16/flammable-cladding-removal-fund-victorian-government/11311518">setting up and funding a A$600 million scheme</a> to replace it. It’s also replacing combustible cladding on low-rise school buildings even though these may comply with the letter of the National Construction Code. </p>
<p>No other state has yet followed this lead. This is concerning given the risk to life. No one viewing images of the <a href="https://www.theage.com.au/national/victoria/how-hundreds-of-lives-were-thrown-into-chaos-when-neo-200-caught-fire-20190429-p51i62.html">Neo200 fire</a> in the Melbourne CBD could doubt how dangerous combustible cladding can be. </p>
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<figcaption><span class="caption">Combustible cladding allowed fire to spread rapidly up the Neo200 building.</span></figcaption>
</figure>
<p>The other states and territories should immediately copy the Victorian scheme. While not perfect, and probably underfunded, it is a positive step to improve public safety. The Andrews government should be congratulated for doing something practical while its counterparts in New South Wales and Queensland, which have many buildings with combustible cladding, fiddle about. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">Flammable cladding costs could approach billions for building owners if authorities dither</a>
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</em>
</p>
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<h2>All governments share responsibility</h2>
<p>The federal government’s response has been inadequate. When asked about contributing to the Victorian scheme, Karen Andrews said:</p>
<blockquote>
<p>The Commonwealth is not an ATM for the states […] this problem is of the states’ making and they need to step up and fix the problem and dig into their own pockets.</p>
</blockquote>
<p>This flies in the face of reality. All nine governments are responsible for building regulation and enforcement. All signed the <a href="https://www.abcb.gov.au/Resources/Publications/Corporate/2017-Inter-Governmental-Agreement">intergovernmental agreement</a> on building regulation. </p>
<p>The federal government, which chairs the Building Ministers’ Forum, leads building regulation in Australia. The <a href="https://www.abcb.gov.au/ABCB/The-Board">Australian Building Codes Board</a>, which produces the <a href="https://ncc.abcb.gov.au/ncc-online/About">National Construction Code</a>, is effectively a federal government agency. The precursor to the national code, the Building Code of Australia, was a federal initiative.</p>
<p>It is clear Australian governments have worked effectively together in the past to combat threats to life and safety, or to provide consumer protection nationwide. Examples include initiatives as diverse as the <a href="https://press-files.anu.edu.au/downloads/press/n5314/html/ch09.xhtml?referer=&page=16">national gun buyback</a>, the <a href="https://asic.gov.au/about-asic/what-we-do/how-we-operate/history/">creation of the Australian Securities and Investment Commission</a> (<a href="https://asic.gov.au/about-asic/what-we-do/our-role/">ASIC</a>) and the <a href="https://www.choice.com.au/transport/cars/general/articles/takata-airbags-what-you-need-to-know-in-australia-230717">program to replace defective Takata airbags</a> in cars.</p>
<p>The crop of building defects we see today are a direct result of negligent regulation by all nine governments over the past two decades. Clearly, they all have a legal and moral duty to coordinate and contribute to a program to manage the risks and economic damage this has created. </p>
<p>All the evidence points to a <a href="https://www.afr.com/property/governments-failed-to-act-on-warnings-of-combustible-cladding-dangers-20190226-h1br6n">long-term failure to heed repeated warnings about the dangers</a>. Governments and regulators were captive to the interests of the development lobby, building industry and building materials supply industry.</p>
<p>The governments must stop playing a blame game. Effective programs are urgently needed to fix defects, including combustible cladding, incorrectly installed fire protection measures, structural noncompliance, structural failure and leaks. </p>
<p>The Australian Building Codes Board, which is directly responsible for the mess, should be reformed to ensure it becomes an effective regulator. The National Construction Code <a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">should be changed</a> to make consumer protection an objective in the delivery of housing for sale. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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</p>
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<p>All parties involved will have to take some pain: regulators, developers, builders, subcontractors, consultants, certifiers, insurers, aluminium panel manufacturers, suppliers and owners. Only governments can broker a solution as it will require legislation and an allocation of responsibility for fault. </p>
<p>The alternative will probably be a huge number of individual legal cases and a rash of owner bankruptcies, which may well leave the guilty parties untouched.</p>
<hr>
<p><em>This article has been updated to clarify the nature of around A$12 million in costs incurred by apartment owners in the Lacrosse building, of which <a href="https://www.afr.com/property/four-years-after-lacrosse-fire-lu-simon-to-replace-cladding-for-56-million-20181205-h18qoo">A$5.6 million was the agreed cost of replacing combustible cladding</a> after the 2014 cladding fire. These costs do not include legal costs or financial impacts on owners, such as reduced property values, that are unable to be assessed under the rules of the tribunal.</em></p><img src="https://counter.theconversation.com/content/122180/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer has received funding from the Building and Construction Council of NSW to research building defects. The BACC is no longer in existence. </span></em></p>Unsafe apartments are being evacuated as confidence plummets – even the author of a report commissioned by building ministers wouldn’t buy a new apartment. What will it take for governments to act?Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1206622019-07-22T19:59:00Z2019-07-22T19:59:00ZIt’s not just the building cracks or cladding – sometimes uncertainty does even more harm<p><a href="https://www.afr.com/news/politics/national/the-apartment-building-crisis-explained-20190716-p527k0">News</a> of evacuations from cracked apartment buildings in Sydney and the <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">need to replace combustible cladding across Australia</a> illustrate how uncertainty compounds problems for those affected. Who is responsible for the remedy? Residents have had to leave their homes indefinitely, <a href="https://www.smh.com.au/national/nsw/looking-for-answers-mascot-towers-owners-want-to-return-home-20190627-p521wl.html">not knowing when their buildings can be repaired and made safe</a>. Others remain in at-risk buildings with the constant <a href="https://www.abc.net.au/news/2019-07-17/apartment-owner-welcomes-victorian-combustible-cladding-fix/11315278">worry about what might happen if fire breaks out</a>. </p>
<p>Some may also wonder whether the remedies really are “safe”. And how much they will be out of pocket? Some <a href="https://www.msn.com/en-au/news/australia/i-couldnt-believe-it-was-happening-how-a-single-mother-with-a-baby-boy-is-left-owing-dollar13000-and-living-in-temporary-housing-after-being-kicked-out-of-her-mascot-towers-apartment/ar-AAEtQZ3">express concern about whether they will ever be able to sell their unit</a> and what their financial fate will be given that their home is their largest investment.</p>
<p>The <a href="https://www.abc.net.au/news/2019-07-18/building-industry-meeting-agrees-to-create-national-body/11320444">outcome of last Thursday’s Building Ministers’ Forum</a> did little to end the uncertainty plaguing residents. More broadly, the uncertainty is hitting the construction industry, with <a href="https://www.smh.com.au/politics/federal/berejiklian-calls-for-national-solution-amid-building-crisis-20190715-p527gj.html">insurance costs rising and some insurance being withdrawn altogether</a>.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">Flammable cladding costs could approach billions for building owners if authorities dither</a>
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<h2>Uncertainty gnaws away at us</h2>
<p>How uncertainty plays a central role here can be seen in a little known but classic piece written 50 years ago by a cultural anthropologist. Professor Elizabeth Colson drafted “Tranquility for the Decision-maker” for a volume, <a href="https://www.worldcat.org/title/cultural-illness-and-health-essays-in-human-adaptation/oclc/741222">Cultural Illness and Health</a>. </p>
<p>Colson had studied the Gwemba Tonga of east-central Africa, in what is now Zambia. Villages of the Gwembe Tonga were faced with displacement due to the building of a dam on the Zambezi River. They were given a choice of where to settle. </p>
<p>However, the construction zone barred the villagers’ access to the ritual grounds where they traditionally made such decisions. An inability to arrive at a decision resulted in prolonged uncertainty. Colson witnessed behaviour that suggested the harm that uncertainty had on individual and community mental health.</p>
<p>Colson also told of how the group dealt with drought. Farmers had seed they could plant and then tend, but if they planted it too soon before the rains, the seed would be lost. If they planted it too late or failed to tend it, then the plants would not reach maturity, and they would have no crops for food and no seed for the next year. </p>
<p>Villagers figured that they could find a way to cope with having no crops; they had a “plan B”. However, each day they dithered about whether to plant, going out to the fields but then returning again. The uncertainty had harmful effects on the villagers, Colson explained. They lacked a way to determine whether to adopt “plan B” or stick with “plan A”. </p>
<p>Such an analysis suggests that we can deal with good fortune and bad fortune. What really drives us up the wall is uncertainty.</p>
<p>This uncertainty can be generated by the unpredictability of nature or the volatility of international markets. It’s made worse in situations where clear and unambiguous information is missing. </p>
<p>More problematic are complex and costly situations where delay results from blaming and <a href="https://www.smh.com.au/national/nsw/systemic-crisis-states-responsible-for-fixing-cladding-problems-20190718-p528c5.html">manoeuvring to avoid paying the financial or political cost</a> of a decision. These two elements can occur in unison: a lack of knowledge and potentially responsible parties evacuating the “blame avenue”.</p>
<p>Situations where uncertainty is playing a role include farmers facing drought, as in Colson’s case, and potential climate change impacts – such as severe weather events for coastal communities. </p>
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<strong>
Read more:
<a href="https://theconversation.com/coastal-law-shift-from-property-rights-to-climate-adaptation-is-a-landmark-reform-59083">Coastal law shift from property rights to climate adaptation is a landmark reform</a>
</strong>
</em>
</p>
<hr>
<p>There are also effects on rural communities of changes in international prices for mining and agricultural exports. Similar dynamics around uncertainty and blame apply to interned <a href="https://theconversation.com/explainer-what-is-resignation-syndrome-and-why-is-it-affecting-refugee-children-101670">asylum seekers awaiting a government decision</a>, the <a href="https://theconversation.com/getting-to-the-heart-of-coal-seam-gas-protests-its-not-just-the-technical-risks-107086">debate about coal seam gas development in Narrabri</a>, and <a href="https://theconversation.com/getting-clean-drinking-water-into-remote-indigenous-communities-means-overcoming-city-thinking-106701">communities with groundwater contaminated by chemicals like PFAS</a>. </p>
<p>In these examples, costs to individuals and families are potentially great relative to their resources. Resolution often requires a central role for large institutions, whether government agencies or multinational corporations.</p>
<p>Uncertainty due to a lack of information is being addressed in certain arenas. For instance, mathematical <a href="https://theconversation.com/why-predicting-the-weather-and-climate-is-even-harder-for-australias-rainy-northern-neighbours-106939">models to predict the weather are improving</a>. The same can be said for models to predict shifts in international commodity prices. </p>
<h2>Institutional responses make uncertainty worse</h2>
<p>Also needing attention are institutional decision-making processes. Decision-making is often fragmented, as it involves disparate organisations or silos in organisations. Add to that a propensity to avoid taking the blame and shouldering the financial or political cost or the potential impact to one’s career. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/buck-passing-on-apartment-building-safety-leaves-residents-at-risk-119000">Buck-passing on apartment building safety leaves residents at risk</a>
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<p>This domain falls under the banner of “allocation of responsibility”, an area addressed historically by social and cultural anthropologists looking at law and moral codes. Attempting to avoid blame can contribute to delay in decision-making, which prolongs and potentially deepens uncertainty. </p>
<p>Collaborative efforts can reduce such delays and uncertainty. Collaboration requires the building of trusting working relationships among agencies and organisations – a form of what is called “collective impact”. One also needs openness with affected individuals, families and communities – an element in <a href="https://www.alrc.gov.au/publications/procedural-fairness-duty-and-its-content">procedural fairness</a>. </p>
<p>These aspects are relatively easy to identify but challenging to implement and even more challenging to sustain for a prolonged period.</p>
<p>The point here is that the true impact on residents of cracks in their apartment block, flammable cladding, an uncertain migration status, or PFAS in the groundwater is not merely the inconvenience or out-of-pocket expense. The impact includes prolonged uncertainty about very significant elements of their well-being. That has an impact on individual and community mental health, with potential flow-on effects to physical health. </p>
<p>The remedy involves a greater willingness by organisations and agencies to take on responsibility without delay and improved institutional relationships to arrive at suitable resolutions for the long term. So, our concern should not only be about the cracks in the buildings but about the fissures separating those who together could implement remedies.</p><img src="https://counter.theconversation.com/content/120662/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Will Rifkin is director of the Hunter Research Foundation Centre, which receives funding from local, state and federal government agencies, as well as private companies, through contract research and research grants related to urban and regional development, infrastructure, innovation and well-being. The HRF Centre is part of the University of Newcastle, and it collaborates on projects with private companies, non-profit enterprises, industry groups, and government agencies. </span></em></p>The delay in adopting a national approach to building industry reform, based on a report received more than a year ago, typifies official neglect of the impacts of uncertainty on the affected people.Will Rifkin, Chair in Applied Regional Economics and Director, Hunter Research Foundation Centre, University of NewcastleLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1205922019-07-19T05:38:49Z2019-07-19T05:38:49ZMinisters fiddle while buildings crack and burn<p>The <a href="https://www.industry.gov.au/regulations-and-standards/building-and-construction/building-ministers-forum">Building Ministers’ Forum</a> (BMF) <a href="https://www.abc.net.au/news/2019-07-18/building-industry-meeting-agrees-to-create-national-body/11320444">met yesterday</a> yet again to discuss implementing the February 2018 <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">Shergold-Weir Report</a> they commissioned in mid-2017. The BMF is responsible for overseeing the Australian Building Codes Board (ABCB) and building regulation across Australia. The BMF <a href="https://www.industry.gov.au/sites/default/files/2019-07/bmf-communique-18-july-2019.pdf">announced</a> yesterday it’s going to “strengthen” the ABCB, which will be “expanded to include greater representation and engagement from industry”.</p>
<p>This is the same regulator and the same industry that have been responsible for producing the dud buildings that have been making news across the country: <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse</a>, <a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">Opal</a>, <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Neo200</a>, <a href="https://theconversation.com/buck-passing-on-apartment-building-safety-leaves-residents-at-risk-119000">Mascot Towers</a>, the <a href="https://www.smh.com.au/national/zetland-apartments-abandoned-in-secret-evacuation-over-severe-defects-20190709-p525lk.html">Gadigal Avenue apartments</a> and countless others that have burned, leaked, cracked and failed, but in less newsworthy ways. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/buck-passing-on-apartment-building-safety-leaves-residents-at-risk-119000">Buck-passing on apartment building safety leaves residents at risk</a>
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<p>On being appointed by the federal Coalition government in November 2017, the current chair of the ABCB, ex-NSW premier John Fahey, had this <a href="https://www.abcb.gov.au/Connect/Articles/2017/11/Introducing-the-new-Chair-of-the-ABCB">to say</a> about his priorities:</p>
<blockquote>
<p>The reform must reduce significantly red tape and have an over-riding focus of industry affordability.</p>
</blockquote>
<p>In other words, the ABCB was to improve compliance by reducing red tape and focusing on “affordability”, which is about making buildings cheaper at completion. As the White Queen said to Alice in Wonderland: “Why sometimes I’ve believed as many as six impossible things before breakfast.” </p>
<h2>Self-regulation has failed</h2>
<p>Needless to say, virtually no progress has been made to re-regulate the industry, provide protection for consumers, or improve the durability and safety of buildings in the 19 months Fahey has held the reins. </p>
<p>Both major political parties have played a role in creating the policy and self-regulation regime that has produced so many faulty buildings over the last 30 years. It is about time the ALP, the Coalition, the BMF and the ABCB admitted that self-regulation has failed. NSW Liberal Premier Gladys Berejiklian <a href="https://www.smh.com.au/national/nsw/it-hasn-t-worked-premier-admits-sydney-s-building-industry-is-failing-20190710-p52601.html">has already done so</a>:</p>
<blockquote>
<p>We allowed the industry to self-regulate and it hasn’t worked. There are too many challenges, too many problems, and that’s why the government’s willing to legislate.</p>
</blockquote>
<p>The building ministers should instruct the ABCB to dump its focus on self-regulation and also require the regulator to start taking into account whole-of-life building costs, not just cost at completion. Senior ABCB staff, including the chair, appear to be part of the problem. Asking for their resignation or sacking them would not be unreasonable in the circumstances. </p>
<h2>Regulations are far from watertight</h2>
<p>Section F of the National Construction Code (<a href="https://ncc.abcb.gov.au/ncc-online/NCC/2019/NCC-2019-Volume-One/Section-F-Health-and-Amenity/Part-F1-Damp-And-Weatherproofing">NCC</a>), which controls waterproofing, should be immediately rewritten to make it clear buildings should be waterproof. Section FP1.4 now reads:</p>
<blockquote>
<p>A roof and external wall (including openings around windows and doors) must prevent the penetration of water that could cause —
(a) unhealthy or dangerous conditions, or loss of amenity for occupants; and
(b) undue dampness or deterioration of building elements.</p>
</blockquote>
<p>What are “unhealthy or dangerous conditions”? What constitutes a “loss of amenity”? What is “undue dampness”? </p>
<p>No one can answer these questions, which is why builders and developers regularly try to dodge responsibility for leaks, by claiming moisture ingress is due to occupants “taking too many showers” or that “a bit of moisture is normal”. </p>
<p>The ABCB should change this clause to read:</p>
<blockquote>
<p>A roof and external wall including all penetrations and inclusions must prevent the ingress of water and water vapour to the habitable part of a building for a minimum period of 40 years, without any maintenance. </p>
</blockquote>
<p>Specifying durability standards is important. At present, most of the test methods in the NCC are satisfied if a sample component performs once in a lab. This does not deal with issues that occur in practice. </p>
<p>We know that any joint depending entirely on a sealant or paint is likely to last for <a href="https://books.google.com.au/books?id=ZfNKeNuQukwC&pg=PA19&lpg=PA19&dq=deterioration+of+silicone+sealants+in+australian+conditions&source=bl&ots=iq_fiFg_t8&sig=ACfU3U2wajoIt5ZAsus2z2E4IUthJOszsQ&hl=en&sa=X&ved=2ahUKEwjAwuz5nMDjAhVl73MBHZmUA1A4ChDoATACegQICBAB#v=onepage&q=deterioration%20of%20silicone%20sealants%20in%20australian%20conditions&f=false">only between seven and ten years</a> if it is exposed to typical Australian sunlight and atmospheric conditions. That is nowhere near good enough on a tall building, where the entire facade will have to be scaffolded to rectify defects. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">Australia has a new National Construction Code, but it's still not good enough</a>
</strong>
</em>
</p>
<hr>
<p>Unfortunately, we can’t sack the past state and federal ministers who have presided over this fiasco. But the least the current politicians can do is not appoint them to the authorities that are supposed to be cleaning up the mess. </p>
<p>For example, former Victorian deputy premier John Thwaites was <a href="https://www.abc.net.au/news/2017-07-03/taskforce-to-investigate-flammable-cladding-on-vic-buildings/8672892">appointed to lead the Victorian Cladding Taskforce</a>. Thwaites <a href="https://www.architectureanddesign.com.au/news/bpn/john-thwaites-appointed-to-chair-australian-buildi">chaired the Australian Building Control Board</a> (ABCB) from 2011 to 2017, appointed by the Rudd government. </p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/6STWyPod9wI?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">The Lacrosse apartments cladding fire rang alarm bells back in 2014.</span></figcaption>
</figure>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse fire ruling sends shudders through building industry consultants and governments</a>
</strong>
</em>
</p>
<hr>
<h2>The problems are widespread</h2>
<p>In 1996, <a href="https://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/2071.0%7E2016%7EMain%20Features%7EApartment%20Living%7E20">according to ABS data</a>, nearly one in five (18%) of all Australia’s occupied apartments were four storeys or over. By 2016 this had more than doubled to 38% of all occupied apartments (or 463,557 in total in 2016).</p>
<p>All of these buildings have been completed during a period where there has been “an over-riding focus on affordability” to use Fahey’s words. If the <a href="https://www.australianpropertyjournal.com.au/2019/06/19/apartment-owners-face-potential-financial-ruin/">research</a> we have is any guide, between 80% and 97% of these buildings may have serious defects. </p>
<p>If these buildings are defective, the owners and tenants <a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">have virtually no recourse</a>. Development companies and building companies are routinely wound up after a building is completed, state governments have withdrawn from the insurance market and private insurers have been proven to provide limited protection – some have now <a href="https://www.abc.net.au/news/2019-07-18/building-industry-meeting-agrees-to-create-national-body/11320444">withdrawn indemnity insurance</a>. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">Flammable cladding costs could approach billions for building owners if authorities dither</a>
</strong>
</em>
</p>
<hr>
<p>This situation is so bad, and trust in the industry so damaged, that we were treated last week to the unique spectacle of <a href="https://en.wikipedia.org/wiki/Meriton">Meriton</a> boss Harry Triguboff, among others, <a href="https://www.smh.com.au/national/nsw/immediate-reforms-triguboff-s-meriton-wants-building-industry-change-20190712-p526re.html">asking the government to do a better job of regulating builders</a>. </p>
<p>What we need now is concerted and urgent action to stop defective buildings being built and a plan to help residential apartment owners rectify their buildings. (The commercial and government sector by and large can look after itself.) </p>
<p>The highest priority is to replace combustible cladding on tall residential buildings. The Victorian government should be congratulated for <a href="https://www.abc.net.au/news/2019-07-16/flammable-cladding-removal-fund-victorian-government/11311518">going forward with a scheme to achieve this</a>.</p>
<p>Meanwhile, the BMF and the ABCB are still fiddling while Rome burns. They need to get on with it.</p><img src="https://counter.theconversation.com/content/120592/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer received funding to research building defects from the Building and Construction Council (NSW). </span></em></p>The construction industry crisis didn’t happen overnight. Authorities have been on notice for years to fix the problems that now have the industry itself calling for better regulation.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1188202019-06-23T19:59:16Z2019-06-23T19:59:16ZAustralia’s still building 4 in every 5 new houses to no more than the minimum energy standard<p>New housing in Australia must meet minimum energy performance requirements. We wondered how many buildings exceeded the minimum standard. What our analysis found is that four in five new houses are being built to the minimum standard and a negligible proportion to an optimal performance standard.</p>
<p>Before these standards were introduced the average performance of housing was found to be <a href="https://www.sustainability.vic.gov.au/About-us/Research/Household-retrofit-trials">around 1.5 stars</a>. The current minimum across most of Australia is six stars under the <a href="http://nathers.gov.au/governance/national-construction-code-and-state-and-territory-regulations">Nationwide House Energy Rating Scheme (NatHERS)</a>. </p>
<p>This six-star minimum falls short of what is optimal in terms of <a href="https://theconversation.com/sustainable-housings-expensive-right-not-when-you-look-at-the-whole-equation-60056">environmental, economic</a> and <a href="https://theconversation.com/low-energy-homes-dont-just-save-money-they-improve-lives-81084">social</a> outcomes. It’s also below the minimum set by many <a href="https://ec.europa.eu/energy/en/topics/energy-efficiency/energy-performance-of-buildings">other countries</a>.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/low-energy-homes-dont-just-save-money-they-improve-lives-81084">Low-energy homes don't just save money, they improve lives</a>
</strong>
</em>
</p>
<hr>
<p><a href="https://theconversation.com/to-cut-emissions-the-housing-sector-has-to-pull-its-weight-13262">There have been calls</a> for these minimum standards to be raised. However, many policymakers and building industry stakeholders believe the market will lift performance beyond minimum standards and so there is no need to raise these.</p>
<h2>What did the data show?</h2>
<p><a href="https://doi.org/10.1016/j.enpol.2019.06.017">We wanted to understand</a> what was happening in the market to see if consumers or regulation were driving the energy performance of new housing. To do this we explored the <a href="https://ahd.csiro.au/">NatHERS data set of building approvals</a> for new Class 1 housing (detached and row houses) in Australia from May 2016 (when all data sets were integrated by CSIRO and Sustainability Victoria) to December 2018.</p>
<p><a href="https://doi.org/10.1016/j.enpol.2019.06.017">Our analysis focuses</a> on new housing in Victoria, South Australia, Western Australia, Tasmania and the ACT, all of which apply the minimum six-star NatHERS requirement. The other states have local variations to the standard, while New South Wales uses the BASIX index to determine the environmental impact of housing. </p>
<p>The chart below shows the performance for 187,320 house ratings. Almost 82% just met the minimum standard (6.0-6.4 star). Another 16% performed just above the minimum standard (6.5-6.9 star). </p>
<p>Only 1.5% were designed to perform at the economically optimal 7.5 stars and beyond. By this we mean a balance between the extra upfront building costs and the savings and benefits from lifetime building performance.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=262&fit=crop&dpr=1 600w, https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=262&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=262&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=329&fit=crop&dpr=1 754w, https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=329&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/279936/original/file-20190618-118497-1w4s4b6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=329&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">NatHERS star ratings across total data set for new housing approvals, May 2016–December 2018.</span>
<span class="attribution"><span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>The average rating is 6.2 stars across the states. This has not changed since 2016. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=259&fit=crop&dpr=1 600w, https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=259&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=259&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=326&fit=crop&dpr=1 754w, https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=326&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/279937/original/file-20190618-118535-1e61syj.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=326&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Average NatHERS star rating for each state, 2016-18.</span>
<span class="attribution"><span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>The data analysis shows that, while most housing is built to the minimum standard, the cooler temperate regions (Tasmania, ACT) have more houses above 7.0 stars compared with the warm temperate states.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=342&fit=crop&dpr=1 600w, https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=342&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=342&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=430&fit=crop&dpr=1 754w, https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=430&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/279938/original/file-20190618-118526-zt83ab.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=430&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">NatHERS data spread by state.</span>
<span class="attribution"><span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>The ACT increased average performance each year from 6.5 stars in 2016 to 6.9 stars in 2018. This was not seen in any other state or territory. </p>
<p>The ACT is the only region with <a href="https://theconversation.com/energy-star-ratings-for-homes-good-idea-but-it-needs-some-real-estate-flair-54056">mandatory disclosure of the energy rating</a> on sale or lease of property. The market can thus value the relative energy efficiency of buildings. Providing this otherwise invisible information may have empowered consumers to demand slightly better performance.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/energy-star-ratings-for-homes-good-idea-but-it-needs-some-real-estate-flair-54056">Energy star ratings for homes? Good idea, but it needs some real estate flair</a>
</strong>
</em>
</p>
<hr>
<h2>We are paying for accepting a lower standard</h2>
<p>The evidence suggests consumers are not acting rationally or making decisions to maximise their financial well-being. Rather, they just accept the minimum performance the building sector delivers. </p>
<p>Higher energy efficiency or even environmental sustainability in housing provides not only <a href="https://theconversation.com/sustainable-housings-expensive-right-not-when-you-look-at-the-whole-equation-60056">significant benefits to the individual but also to society</a>. And these improvements can be delivered for little additional cost. </p>
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Read more:
<a href="https://theconversation.com/sustainable-housings-expensive-right-not-when-you-look-at-the-whole-equation-60056">Sustainable housing's expensive, right? Not when you look at the whole equation</a>
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<p>The fact that these improvements aren’t being made suggests there are significant barriers to the market operating efficiently. This is despite increasing awareness among consumers and in the housing industry about the <a href="https://theconversation.com/as-power-prices-soar-we-need-a-concerted-effort-to-tackle-energy-poverty-98764">rising cost of energy</a>.</p>
<p>Eight years after the introduction of the six-star NatHERS minimum requirement for new housing in Australia, the results show the market is delivering four out of five houses that just meet this requirement. With only 1.5% designed to 7.5 stars or beyond, regulation rather than the economically optimal energy rating is clearly driving the energy performance of Australian homes. </p>
<p>Increasing the minimum performance standard is the most effective way to improve the energy outcomes.</p>
<p>The next opportunity for increasing the minimum energy requirement will be 2022. Australian housing standards were already about <a href="https://authors.elsevier.com/a/1ZDHH14YGgbVJ6">2.0 NatHERS stars behind comparable developed countries in 2008</a>. If mandatory energy ratings aren’t increased, Australia will fall further behind international best practice. </p>
<p>If we continue to create a legacy of homes with relatively poor energy performance, making the transition to a low-energy and low-carbon economy is likely to get progressively more challenging and expensive. <a href="https://www.climateworksaustralia.org/publication/report/bottom-line-household-impacts-delaying-improved-energy-requirements-building-code">Recent research has calculated</a> that a delay in increasing minimum performance requirements from 2019 to 2022 will result in an estimated A$1.1 billion (to 2050) in avoidable household energy bills. That’s an extra 3 million tonnes of greenhouse gas emissions.</p>
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<em>
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Read more:
<a href="https://theconversation.com/buildings-produce-25-of-australias-emissions-what-will-it-take-to-make-them-green-and-wholl-pay-105652">Buildings produce 25% of Australia's emissions. What will it take to make them 'green' – and who'll pay?</a>
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<p>Our research confirms the policy proposition that minimum house energy regulations based on the <a href="http://www.nathers.gov.au/">Nationwide House Energy Rating Scheme</a> are a powerful instrument for delivering better environmental and energy outcomes. While introducing minimum standards has significantly lifted the bottom end of the market, those standards should be reviewed regularly to ensure optimal economic and environmental outcomes.</p><img src="https://counter.theconversation.com/content/118820/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Trivess Moore has received funding from various organisations including the Australian Research Council, Victorian Government and various industry partners.</span></em></p><p class="fine-print"><em><span>Michael Ambrose has received funding from government departments including the Department of Environment and Energy and the CRC for Low Carbon Living. CSIRO owns the AccuRate Sustainability software which is the benchmark tool used in the NatHERS software accreditation process. CSIRO receives financial benefit from the creation of NatHERS Certificates which is then used to maintain and develop the accreditation software.</span></em></p><p class="fine-print"><em><span>Stephen Berry has received funding from various industry and government organisations including the Australian Research Council, the Government of South Australia, and the CRC for Low Carbon Living.</span></em></p>Australia requires a minimum six-star energy rating for new housing. New homes average just 6.2 stars, so builders are doing the bare minimum to comply, even as the costs of this approach are rising.Trivess Moore, Lecturer, RMIT UniversityMichael Ambrose, Research Team Leader, CSIROStephen Berry, Research fellow, University of South AustraliaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1190002019-06-19T20:01:19Z2019-06-19T20:01:19ZBuck-passing on apartment building safety leaves residents at risk<p>Hundreds of residents in a Sydney apartment complex, the 122-unit Mascot Towers, were evacuated last Sunday when cracks began to appear due to a serious structural failure. And it isn’t clear when the residents can return. </p>
<p>This crisis echoes the structural <a href="https://www.domain.com.au/news/five-months-on-more-than-170-opal-tower-apartments-still-uninhabitable-843214/">failure at Opal Tower</a> and its evacuation on Christmas Eve last year. We have seen a series of serious building failures and <a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">fires</a> in recent years. And state and federal governments have <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">had more than year to act on recommendations</a> for better construction regulations, but instead they’re <a href="https://www.afr.com/real-estate/commercial/inconsistency-on-cladding-blame-the-states-industry-minister-says-20190528-p51ru6">shifting blame</a>. </p>
<p>Although each building failure was different, the end result is the same: misery for the residents and a <a href="https://www.abc.net.au/news/2019-06-19/buying-a-new-high-rise-apartment-a-risk-best-avoided/11220972">looming financial disaster for the owners</a>. </p>
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Read more:
<a href="https://theconversation.com/flammable-cladding-costs-could-approach-billions-for-building-owners-if-authorities-dither-118121">Flammable cladding costs could approach billions for building owners if authorities dither</a>
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<p>New South Wales Premier Gladys Berejiklian <a href="https://www.smh.com.au/national/nsw/berejiklian-says-everyone-will-be-held-to-account-over-mascot-towers-20190616-p51y64.html">said</a>: </p>
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<p>We’re getting to the bottom of what happened. The NSW government will hold everybody to account, that’s our role.</p>
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<p>But the government’s role is to regulate sufficiently to prevent building failures in the first place, not to hold people to account after the event. </p>
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Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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<h2>Building regulations since the Great Fire of London</h2>
<p>Prevention of construction failures has been the bedrock of building regulations ever since the <a href="https://www.bbc.com/news/uk-england-london-36774166">Great Fire of London</a> in 1666. In the aftermath, the English government realised there was not much use in raking through the ashes and trying to hold people to account, and that an ounce of prevention was worth a pound of cure. This led to the parliament <a href="https://www.museumoflondon.org.uk/application/files/6514/5511/5493/what-happened-great-fire-london.pdf">passing regulations</a> to prevent the spread of fire between buildings. </p>
<p>Governments all around the developed world took the lesson of the Great Fire to heart. Their common goal has been to proactively ensure buildings are constructed properly and are safe as a result. </p>
<p>This has been a pretty successful effort and most significant building failures since 1666 have contributed to a more comprehensive and effective regulatory regime.</p>
<h2>Serious building failures appear to be more frequent</h2>
<p>Prior to the Opal Tower emergency, there had been only one significant evacuation of a multi-unit residential building in NSW due to structural failure. That was a result of the <a href="https://www.smh.com.au/national/bondi-junction-gas-explosion-two-men-seriously-burnt-20141112-9gbp.html">2009 gas explosion</a> at Eastgate Towers in Bondi Junction. </p>
<p>However, depending on which research you read, either <a href="https://cityfutures.be.unsw.edu.au/research/projects/governing-the-compact-city-the-role-and-effectiveness-of-strata-management-in-higher-density-residential-developments/">72%</a> or <a href="https://www.afr.com/real-estate/residential/cladding-just-the-tip-of-the-iceberg-20190612-p51wrw">97%</a> of strata apartments suffer from serious defects when they’re finished. </p>
<p>There have also been a series of other problems with recent buildings. These include <a href="https://www.abc.net.au/news/2018-03-27/perth-childrens-hospital-cleared-for-opening-after-lead-problem/9591812">lead in water</a> caused by imported brass plumbing components, non-complying imported <a href="https://www.smh.com.au/national/nsw/recall-for-faulty-power-cables-that-could-cause-house-fires-20140827-108y25.html">electrical cables</a> and failures in the <a href="https://www.smh.com.au/national/nsw/towers-of-trouble-20181228-p50ol6.html">installation</a> of fire doors, fire walls and fire door frames. </p>
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Read more:
<a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">Australia has a new National Construction Code, but it's still not good enough</a>
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<h2>Why has this happened?</h2>
<p>The states progressively introduced the Building Code of Australia (now the <a href="https://ncc.abcb.gov.au/">National Construction Code</a>) during the 1990s as part of an agreed plan between the states and the federal government to make building regulations less prescriptive. </p>
<p>The aim was to <a href="https://www.thefifthestate.com.au/innovation/building-construction/ncc-2019-section-j-gets-a-complete-overhaul/">reduce the cost</a> of construction by favouring “innovation” over conservative “deemed to satisfy” regulations. Innovation, in these terms, meant finding ways to make buildings <a href="https://www.afr.com/real-estate/national-construction-code-change-opens-way-for-timber-buildings-up-to-8-storeys-20160128-gmg87e">cheaper</a> to build. </p>
<p>This move coincided with the globalisation of the building materials supply industry and a boom in the construction of tall apartment buildings in Australia. </p>
<p>Some of the innovation has been innocuous, or even beneficial, such as the introduction of a variety of lightweight interior wall systems, but some have resulted in substantial remediation bills – combustible cladding being the prime example. Inspection and responsibility for the plethora of imported components is virtually non-existent. </p>
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Read more:
<a href="https://theconversation.com/dont-overlook-residents-role-in-apartment-building-safety-111255">Don't overlook residents' role in apartment building safety</a>
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<p>The downstream cost of failure has landed squarely in the laps of the building owners, many of them owners of tall apartments. </p>
<p>It’s difficult to estimate the total bill for remedial works to tall apartment buildings built over the last 25 years, but it may well exceed the Productivity Commission <a href="https://www.pc.gov.au/inquiries/completed/building/report">estimates of savings</a> resulting from the introduction of the National Construction Code. </p>
<h2>Blame shifting and ineffective regulations</h2>
<p>The federal minister responsible for building regulations, Karen Andrews, <a href="https://www.afr.com/real-estate/commercial/inconsistency-on-cladding-blame-the-states-industry-minister-says-20190528-p51ru6">says the states</a> are to blame. </p>
<p>And some states, including NSW, have resorted to <a href="https://mattkean.com.au/news/media/nsw-fair-trading-get-extra-powers-crack-down-dodgy-builders-and-tradies-be-paid-quicker">tough talk</a> about crackdowns on “dodgy” certifiers and “dodgy” builders. In reality, the problem is dodgy government regulation, by both federal and state governments.</p>
<p>The federal and state governments already have an initial plan for fixing these problems. <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">The Shergold-Weir report</a> was delivered to the Building Ministers’ Forum in February 2018. </p>
<p>As the report said: </p>
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<p>After having examined the matters put to us, we have concluded that the nature and extent [of building defects] are significant and concerning. The problems have led to diminishing public confidence that the building and construction industry can deliver compliant, safe buildings which will perform to the expected standards over the long term.</p>
</blockquote>
<p>Since then, state and federal governments have done almost nothing to implement the recommendations of the report, despite the 2018 Christmas Eve failure at Opal and the <a href="https://www.theage.com.au/national/victoria/how-hundreds-of-lives-were-thrown-into-chaos-when-neo-200-caught-fire-20190429-p51i62.html">fire at Neo200</a> in Melbourne the following February. </p>
<p>The report itself states:</p>
<blockquote>
<p>The recommendations have been designed to form a holistic and structured framework to improve the compliance and enforcement systems of the [National Construction Code] across the country. They form a coherent package. They would best be implemented in their entirety.</p>
</blockquote>
<p>In NSW, the <a href="https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0007/451375/Response-to-Shergold-Weir-Building-Confidence-Report.pdf">published response</a> to Shergold-Weir is a patchwork focusing on holding people to account after a building construction event. This is the reverse of the proactive approach developed following the Great Fire of London. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/beyond-opal-a-10-point-plan-to-fix-the-residential-building-industry-110975">Beyond Opal: a 10-point plan to fix the residential building industry</a>
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<p>The NSW government is set to <a href="https://www.smh.com.au/national/nsw/biggest-shake-up-in-building-laws-in-our-state-s-history-follows-opal-tower-debacle-20190210-p50wtd.html">appoint</a> a building commissioner to oversee qualifications and to review building documentation. </p>
<p>But this will likely not achieve much, unless the government commits to upskilling workers throughout the industry and backs up desktop audits by increasing direct inspections on site. Neither of these things appears to be part of its plan. </p>
<p>All governments must take an active role in fixing the defective regulatory regime they have created. If they can’t get on with this process in a timely way, we will need <a href="https://theconversation.com/royal-commission-take-three-construction-sector-still-lawless-23074">yet another</a> royal commission to sort it out. </p>
<p>The least Premier Berejiklian can do is to treat the Mascot Towers and Opal events in the same way the government treats natural disasters and provide housing assistance to residents who have been displaced through no fault of their own.</p><img src="https://counter.theconversation.com/content/119000/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer had received funding from the Building and Construction Council to research defects in multi-unit housing. He is member of the Australian Institute of Architects and the Managing Director of ARINA, a consultancy engaged in strategic planning and architecture for the Higher Education sector. </span></em></p>Regulations that are meant to protect residents from building failures and fires have been found wanting. All governments must take responsibility for fixing the defective regime they created.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1167372019-06-16T20:01:24Z2019-06-16T20:01:24ZCaring for Country: how remote communities are building on payment for ecosystem services<p>The <a href="https://www.iied.org/markets-payments-for-environmental-services">payment for ecosystem services</a> (PES) model is supporting a new wave of self-determined construction on Aboriginal homelands. </p>
<p>With <a href="http://www5.austlii.edu.au/au/journals/IndigLawB/2009/35.html">no secure strategy</a> for government infrastructure investment in homelands, particularly in <a href="https://dlghcd.nt.gov.au/__data/assets/pdf_file/0008/151793/HomeLands_Policy_QA_30_April.pdf">new housing</a> or <a href="http://classic.austlii.edu.au/au/journals/AUIndigLawRw/2015/4.pdf">new homelands</a>, PES provides an alternative approach to support meaningful livelihoods on Country. Importantly, revenue from PES can support self-determined and appropriate building there.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/building-in-ways-that-meet-the-needs-of-australias-remote-regions-106071">Building in ways that meet the needs of Australia’s remote regions</a>
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<p>PES can attract funding from government, such as for ranger programs, and from private sources, in the form of carbon credits and <a href="https://theconversation.com/what-is-corporate-social-responsibility-and-does-it-work-89710">corporate social responsibility</a> funds. <a href="http://www.unrisd.org/unrisd/website/document.nsf/(httpPublications)/27529D10F92E00DFC12579F200553BAF?OpenDocument">Research</a> suggests it’s also “crucial for improving social outcomes for Indigenous communities”.</p>
<p>Other <a href="https://www.academia.edu/38523845/Reconceptualising_Ecosystem_Services_Possibilities_for_cultivating_a%20%20%20%20nd_valuing_the_ethics_and_practices_of_care_Jackson_S._and_Palmer_L._">researchers argue</a> that PES is “most effective” on remote Aboriginal homelands and outstation settlements where it fundamentally values cultural knowledge and where the vastness of the landscape allows for economies of scale. </p>
<p>Indigenous PES enterprises can harness both traditional Indigenous knowledge and contemporary science for land management that improves environmental quality. Examples include activities like carbon abatement, feral animal management and biodiversity conservation and restoration.</p>
<p>On remote Aboriginal land, PES is often one of the few enterprise opportunities. That’s due to such restrictions as distance from economic centres, poor access, skilled labour shortages and <a href="https://www.legislation.gov.au/Details/C2017C00178">limitations</a> on Aboriginal land tenure, in particular the limited capital and security held. <a href="https://www.legislation.gov.au/Details/C2016C00111">Commonwealth</a> <a href="https://www.legislation.gov.au/Details/C2017C00178">laws</a> prevent the buying and selling of this land. </p>
<h2>The example of Kabulwarnamyo outstation</h2>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277775/original/file-20190604-69059-1h5mme1.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Kabulwarnamyo outstation is a remote settlement of about 50 people on Nawarddeken Country in West Arnhem Land, Northern Territory.</span>
<span class="attribution"><span class="source">Hannah Robertson (2015)</span>, <span class="license">Author provided</span></span>
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<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=600&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=600&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=600&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=754&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=754&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277831/original/file-20190604-69075-1opj14s.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=754&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Kabulwarnamyo is a remote community in West Arnhem Land.</span>
<span class="attribution"><span class="source">Google Maps</span></span>
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<p>Kabulwarnamyo outstation displays how PES activities simultaneously cause and provide a way of meeting the demand for buildings on remote Aboriginal land. And often this happens in ways that are more responsive to the local context than current government-provided alternatives.</p>
<p>Kabulwarnamyo is a small outstation of about 50 people on Warddeken Country in West Arnhem Land, Northern Territory, about an eight-hour drive from Jabiru. It is extremely remote and cut off for up to five months of the year during the wet season. </p>
<p><a href="https://www.mca.com.au/artists-works/artists/bardayal-lofty-nadjamerrek/">Established in 2002</a>, Kabulwarnamyo is managed by the not-for-profit company <a href="https://www.warddeken.com/">Warddeken Land Management</a>. This followed the Aboriginal and Torres Strait Islander Commission’s (ATSIC) <a href="http://classic.austlii.edu.au/au/journals/AUIndigLawRw/2015/4.pdf">moratorium on creating new homelands</a> due to the Australian government no longer funding the building of houses on them. </p>
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<p>
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<strong>
Read more:
<a href="https://theconversation.com/who-decides-a-question-at-the-heart-of-meaningful-reconciliation-41752">Who decides? A question at the heart of meaningful reconciliation</a>
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<a href="https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=314&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=314&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=314&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=394&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=394&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277785/original/file-20190604-69095-wjlp76.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=394&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The self-built office at Kabulwarnamyo includes doors painted with totems in the traditional X-ray style.</span>
<span class="attribution"><span class="source">Hannah Robertson (2015)</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>PES activities – namely <a href="https://www.warddeken.com/about">carbon abatement and biodiversity conservation</a> – are the core business of Warddeken. However, it also built 14 dwellings on the outstation using an A$80,000 grant from the NT government and PES funds from the sale of carbon credits to multinational energy company ConocoPhillips. </p>
<p>The flexibility of the carbon credit funds meant Warddeken could build in ways that directly responded to the needs of the people, rather than adhering to centrally determined regulations, which typically drive up building costs.</p>
<p>To establish Kabulwarnamyo, the Warddeken rangers, who are traditional owners and residents of the outstation, self-built an office and 14 balabbala (traditional Warddeken shade shelters). A number of versions have been developed over time. Each balabbala consists of a raised timber platform floor on steel rails with local cypress pine posts and two trucking tarpaulins as a roof. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277778/original/file-20190604-69051-kxje0v.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">An early version of the balabbala at Kabulwarnamyo. The double-layered tarpaulin shades provide cross-flow ventilation and reduce passive heat gain.</span>
<span class="attribution"><span class="source">Hannah Robertson (2015)</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Dome or safari tents are pitched on the platforms to provide sleeping spaces and privacy for occupants. The structures have solar-powered electricity and hotplates for cooking using bottled gas. A creek-fed pump provides water. A separate structure houses a shower and long-drop toilet. </p>
<p>Excluding wages for construction staff, each balabbala costs A$15,000. These simple structures do not adhere to public housing standards, but do meet crucial local needs. The balabbala project has allowed Warddeken rangers to conduct PES activities and maintain cultural connections to Wardekken Country in the absence of government funding for services support.</p>
<h2>Evolving to meet local community needs</h2>
<p>As Warddeken’s business has developed, so too have the building typologies. In 2015, Warddeken <a href="https://www.abc.net.au/news/2015-07-22/remote-nt-indigenous-community-opens-own-school/6639220">self-built a school</a> to enable children to also return to living on Country. The school is a modified and extended balabbala, built using Warddeken Land Management core funds. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277783/original/file-20190604-69087-1j0wmus.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The Kabulwarnamyo school is a modified balabbala with a central truss that eliminates the need for a central pole.</span>
<span class="attribution"><span class="source">Hannah Robertson (2015)</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>A crowdfunding campaign raised ongoing teaching funds. Financing the running costs of the school remains a challenge. Unlike remote non-Indigenous townships, there is little NT government support for homeland education. </p>
<p>The school, like the balabbalas, represents this community’s reinvestment of PES-derived funds to meet their crucial needs in innovative ways. The <a href="https://www.nawarddekenacademy.com/projects">Nawarddeken Academy</a> was formally registered as an independent school in December 2018. It is clear these unconventional buildings are fit for purpose and satisfy the registration requirements of the NT Department of Education.</p>
<p>PES-enabled balabbala are not the ideal solution for building development on homelands. But here they are appropriate because they are simple and largely suited to the environment and the cost of building them matches available funds. Warddeken CEO Shaun Ansell has said:</p>
<blockquote>
<p>What we do at Kabulwarnamyo is appropriate for our resourcing, environment and capacity, but it’s not proper housing. If we had the capacity to build beautiful mud brick houses for everyone we would.</p>
</blockquote>
<p>There are long-term plans to improve the balabbala using locally sourced stone for half-walling. This will retain the structures’ passive ventilation properties while improving protection during the wet season and cold weather. The structures can therefore be seen as staged projects, improved as resources become available.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277780/original/file-20190604-69063-1k1jjfv.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A newer version balabbala under construction. The rails are now steel so the structure lasts longer and the white tarp has higher reflectivity than the darker versions.</span>
<span class="attribution"><span class="source">Hannah Robertson (2015)</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Most importantly, the balabbala provide significant social returns to local Nawarddeken. A <a href="https://www.pmc.gov.au/sites/default/files/publications/Warddeken%20SROI.docx">2014 report by Social Ventures Australia</a>, commissioned by the Department of Prime Minister and Cabinet, documented significant social, environmental, economic and cultural benefits as a result of PES investments at Kabulwarnamyo. It estimated the value of these outcomes at A$55.4 million for the financial years 2009-15 – a return on investment of $3.40 for every dollar invested.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/want-to-boost-aboriginal-financial-capability-spend-time-in-communities-99210">Want to boost Aboriginal financial capability? Spend time in communities</a>
</strong>
</em>
</p>
<hr>
<h2>Lessons from the Warddeken experience</h2>
<p>The Warddeken experience shows us the policy conditions that could support building and PES enterprises on other remote Aboriginal lands. These are:</p>
<ol>
<li><p>implementing government policies that recognise, or at least do not inhibit, self-driven building initiatives</p></li>
<li><p>loosening restrictions on using PES carbon credits and Working on Country funds to support building that directly responds to needs arising from living on Country</p></li>
<li><p>providing incentives for urban-based corporates to support remote PES partners and a widespread environmental strategy</p></li>
<li><p>recognising the value PES creates beyond an environmental return</p></li>
<li><p>continuing government support for PES economies in remote Australia.</p></li>
</ol>
<p>As Warddeken has shown, buildings play a critical role in enabling PES. The flip side of this is that PES supports building in response to locally identified needs. </p>
<p>PES provides extensive environmental benefits, but it is the broader social and cultural returns, such as maintaining connections to Country and creating sustainable livelihoods, that are most meaningful on remote Aboriginal land.</p>
<hr>
<p><em>The Conversation is co-publishing articles with <a href="http://www.alva.uwa.edu.au/community/futurewest">Future West (Australian Urbanism)</a>, produced by the University of Western Australia’s Faculty of Architecture, Landscape and Visual Arts. These <a href="https://www.lulu.com/shop/search.ep?keyWords=%22Future+West%22&type=">biannual collections of articles</a> look towards the future of urbanism, taking Perth and Western Australia as its reference point. The latest series looks at the notion that urbanism is shaped by design enterprise. You can read other articles <a href="https://theconversation.com/au/topics/future-west-30248">here</a>.</em></p><img src="https://counter.theconversation.com/content/116737/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Hannah Robertson works for Monash University.</span></em></p>We now have a proven model for supporting self-determined building on Aboriginal homelands. The next question is how can its reach be extended?Hannah Robertson, Innovation Fellow and Lecturer, Faculty of Art, Design & Architecture, Monash UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1181212019-06-05T20:09:35Z2019-06-05T20:09:35ZFlammable cladding costs could approach billions for building owners if authorities dither<figure><img src="https://images.theconversation.com/files/278001/original/file-20190605-69083-hb4ybh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The Lacrosse building fire in Melbourne's Docklands district rang alarm bells about the risks of combustible cladding back in 2014.
</span> <span class="attribution"><a class="source" href="http://www.mfb.vic.gov.au/media/docs/post_incident_analysis_for_lacrosse_docklands_-_25_11_2014%20-%20final-dd61c4b2-61f6-42ed-9411-803cc23e6acc-0.pdf">MFB</a></span></figcaption></figure><p>Australian building owners face a bill that could run into billions of dollars to replace <a href="http://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">combustible cladding</a> of the sort that fuelled the <a href="https://www.bbc.com/news/uk-40301289">Greenfell tower fire in the UK</a>, which killed 72 people, as well as fires in Australia and <a href="http://www.mfb.vic.gov.au/media/docs/post_incident_analysis_for_lacrosse_docklands_-_25_11_2014%20-%20final-dd61c4b2-61f6-42ed-9411-803cc23e6acc-0.pdf">overseas</a>. The cost estimate is based on our calculations for Victoria, which has had apartment building cladding fires in <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">2014</a> and <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">2019</a>. </p>
<p>Nearly <a href="https://theconversation.com/grenfell-tower-criminal-charges-delayed-but-that-doesnt-mean-there-wont-be-justice-113215">two years on from the Grenfell disaster</a>, there is <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">ongoing tension</a> between policymakers, the building industry and owners about how to resolve the problem of combustible cladding. And little information is available about the scale of the issue for owners across Australia, particularly those living in apartments. </p>
<p>So what could the costs be? We looked at Victoria as a case study. Our modelling produced cost estimates of between A$250 million and A$1.6 billion. The ultimate figure will depend on the cost-efficiency of any rectification program and the risk level and size of the 629 buildings known to be affected – and many more could yet be identified.</p>
<figure>
<iframe width="440" height="260" src="https://www.youtube.com/embed/NStPd-v42mY?wmode=transparent&start=0" frameborder="0" allowfullscreen=""></iframe>
<figcaption><span class="caption">Combustible cladding allowed fire to spread rapidly up the Neo200 building in central Melbourne in February 2019.</span></figcaption>
</figure>
<p></p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Cladding fire risks have been known for years. Lives depend on acting now, with no more delays</a>
</strong>
</em>
</p>
<hr>
<h2>How were costs estimated?</h2>
<p>The 2018 <a href="https://www.planning.vic.gov.au/building-policy/victorian-cladding-taskforce">Victorian Cladding Taskforce</a> identified 354 low/moderate-risk buildings and 275 high/extreme-risk buildings in a statewide <a href="https://www.planning.vic.gov.au/__data/assets/pdf_file/0029/394733/VCT-Taskforce-Update-October-2018.pdf">cladding audit update</a> last October.</p>
<p>There is little data available on dwelling density for Victorian apartment building stock. <a href="https://data.melbourne.vic.gov.au/clue">Melbourne City Council (MCC) records</a> show residential buildings with ten dwellings or more (medium-to-high-density buildings) have an average of 75 dwellings per building in the built-up municipality. Buildings of this density are known to be <a href="https://www.theage.com.au/politics/victoria/government-to-act-on-cladding-crisis-but-only-for-buildings-it-owns-20190527-p51rpr.html">receiving notices from the Victorian government to act on cladding</a>.</p>
<p>To model costs we have also used real quotes owners have received to rectify their properties, as well as quotes revealed in media reports. These quotes reveal a range of lower costs for low/moderate-risk buildings and higher costs for high/extreme-risk buildings, usually based on the work for varying levels of rectification.</p>
<p>Firstly, we conservatively applied lower rectification cost data, being A$2,500 per dwelling for low/moderate-risk buildings and A$20,000 per dwelling for high/extreme-risk buildings.</p>
<p>Secondly, we applied higher costs found in quotes and media reports. These are $15,000 per dwelling for low/moderate-risk buildings and A$60,000 per dwelling for high/extreme-risk buildings. These figures are still conservative, based on multiple sighted estimates approaching $100,000 per dwelling.</p>
<p>We have calculated costs for two scenarios for all 629 buildings identified by last October:</p>
<ol>
<li><p>an average of 75 dwellings per building as per MCC data</p></li>
<li><p>an average of 37 dwellings per building, 50% less than MCC data to account for a higher proportion of lower-density developments affected (<a href="https://www.planning.vic.gov.au/__data/assets/pdf_file/0017/121724/Housing-outcomes-in-established-Melbourne.pdf">based on averages in municipalities</a> significantly affected by the crisis such as <a href="https://www.vba.vic.gov.au/cladding">Port Phillip, Stonington and Moreland</a>).</p></li>
</ol>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse fire ruling sends shudders through building industry consultants and governments</a>
</strong>
</em>
</p>
<hr>
<h2>So how high could the bill be?</h2>
<p>Our estimates show Victorian owners who are known to be affected may conservatively face a rectification bill of A$250-$500 million, if industry and government work with them to cap costs in economies-of-scale solutions. The bill may be as high as A$1.6 billion, if an inefficient approach is used and we have a higher proportion of larger buildings affected.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=61&fit=crop&dpr=1 600w, https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=61&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=61&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=76&fit=crop&dpr=1 754w, https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=76&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/277823/original/file-20190604-69095-1vb6vrk.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=76&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption"></span>
<span class="attribution"><span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Cladding audits are ongoing. The number of identified affected properties is likely to rise. At the 2019 <a href="https://www.youtube.com/playlist?list=PLAWpz7v8cdutmOf_GDwtU3Gcs3CLQ5clb">Building Surveyors’ Conference</a>, the Victorian Building Authority appeared to categorise over 1,200 private Victorian buildings as moderately through to extreme risk for combustible cladding.</p>
<p>If this figure is correct, our cost estimates are conservative and will double. </p>
<p>Our estimates do not factor in the apartments yet to be identified or, more broadly, the issues in <a href="https://www.finance.nsw.gov.au/fire-safety-and-external-wall-cladding">other states</a> that have also been identified.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here's a solution</a>
</strong>
</em>
</p>
<hr>
<h2>Government and industry shun responsibility</h2>
<p>To date, the response of the Victorian government and industry has been to push financial responsibility back onto home owners. A Victorian low-interest loan scheme was launched in October allowing owners to repay amounts over ten years. It has been <a href="https://www.abc.net.au/news/2019-02-16/combustible-cladding-risk-affects-thousands-but-few-fix-options/10804014">reported</a>, however, that no loans had been granted as recently as February.</p>
<p>The Victorian government’s <a href="https://s3-ap-southeast-2.amazonaws.com/budgetfiles201920.budget.vic.gov.au/2019-20+State+Budget+-+Service+Delivery.pdf">May 27 budget papers</a> stated that A$160 million would be spent on the crisis “on public safety grounds”. This including ongoing assessments of private buildings affected by combustible cladding and 15 evaluation projects to manage and improve rectification outcomes.</p>
<p>As yet no funding has been provided to help owners of private dwellings who bought supposedly compliant properties. While <a href="https://www.sro.vic.gov.au/node/6514">billions in revenue is recouped from stamp duty</a>, owners are being told to rectify a problem for which they were not responsible – all at their own cost. </p>
<p>Many owners simply will not be able to pay. Some individual bills sighted are as much as a quarter of the owner’s property value. On top of this, some insurance premiums have quadrupled.</p>
<p>At the vast costs we have estimated, and based on <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">the chain of events leading to the cladding crisis</a> and the <a href="https://www.smh.com.au/business/consumer-affairs/victims-suffer-as-combustible-cladding-crisis-rages-on-20190402-p519yy.html">lack of support following</a>, is it reasonable that sole responsibility falls on owners to pay? And will such a move not lead to thousands of <a href="http://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">costly actions through the courts</a> as owners try to recoup costs?</p>
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<em>
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Read more:
<a href="https://theconversation.com/housing-with-buyer-protection-and-no-serious-faults-is-that-too-much-to-ask-of-builders-and-regulators-113115">Housing with buyer protection and no serious faults – is that too much to ask of builders and regulators?</a>
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<p>Government and industry should provide substantial financial support to owners to help them recover from mass <a href="https://www.smh.com.au/business/fear-over-highrise-tower-fire-risk-in-melbourne-20141203-11zgp7.html">failures of policy, regulatory policing and industry practice</a>. The UK government has <a href="https://www.smh.com.au/world/europe/britain-to-spend-200-million-fixing-combustible-cladding-20190510-p51m2c.html">to the tune of £200 million</a> (A$364 million). It is time to support Australian owners in a billion-dollar crisis they were not responsible for creating.</p>
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<p><em>Acknowledgments: We would like to thank Phil Dwyer from <a href="http://www.builderscollective.org.au/">Builders Collective of Australia</a> for working with us on the modelling for this article.</em></p><img src="https://counter.theconversation.com/content/118121/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dr Simon Lockrey owns property which was built with non-compliant cladding, even though it was signed off and sold as compliant.</span></em></p><p class="fine-print"><em><span>Trivess Moore has received funding from various organisations including the Australian Research Council, Victorian Government and various industry partners.</span></em></p>Estimated costs for Victoria alone range from hundreds of millions to as much as $1.6 billion If work to rectify buildings fitted with combustible cladding isn’t well handled.Simon Lockrey, Senior Lecturer/ Research Fellow, RMIT UniversityTrivess Moore, Lecturer, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1133652019-04-30T20:13:09Z2019-04-30T20:13:09ZDon’t forget our future climate when tightening up building codes<figure><img src="https://images.theconversation.com/files/267253/original/file-20190403-177175-irimbq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Australia's new National Construction Code doesn't go far enough in preparing our built environment for climate change.</span> <span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/skyscraper-glass-facades-on-bright-sunny-691685071">Sergey Molchenko/Shutterstock</a></span></figcaption></figure><p>Too often it takes a crisis to trigger changes in legislation and behaviour, when forward thinking, cooperation and future planning could have negated the risk in the first place. Australia’s building and construction industry is under the microscope and changes in the law are in the wind, due to situations that could have been avoided. These include the evacuation of <a href="https://www.theguardian.com/australia-news/2019/feb/22/sydney-opal-tower-report-finds-multiple-design-and-construction-faults">Sydney’s Opal building</a> and the fires in Melbourne’s <a href="https://www.abc.net.au/news/2019-02-28/lacrosse-apartment-owners-win-5.7-million-cladding-fire-damages/10857060">Lacrosse tower</a> in 2014 and the <a href="https://www.theguardian.com/australia-news/2019/feb/04/apartment-fire-in-melbournes-spencer-street-prompts-new-fears-over-cladding">Neo200</a> apartment building in February, both of which were <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">fuelled by combustable cladding</a>, as was the <a href="https://www.theguardian.com/uk-news/2018/jun/04/expert-lists-litany-of-serious-safety-breaches-at-grenfell-tower">2017 fire in London’s Grenfell Tower</a> that killed 72 people.</p>
<p>The <a href="https://aibs.com.au/Public/News/2018/ShergoldWeir.aspx">Shergold Weir report</a> made 24 recommendations to improve the National Construction Code to ensure compliance, integrity and more. Commissioned by federal and state building ministers, the report was made public at the Australian Building Ministers Forum in April 2018. But implementation has been too slow to prevent the problems in the Opal and Neo200 apartment buildings. And it included no changes to climate-proof buildings.</p>
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<strong>
Read more:
<a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">Australia has a new National Construction Code, but it's still not good enough</a>
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<p>A new National Construction Code comes into effect on May 1. Recent events have, however, exposed inadequate construction standards and increased public pressure for further change. This presents an opportunity to future-proof our cities as well as restore public confidence in our construction industry. </p>
<p>Construction codes were created to eliminate “worse practice”, but we are now in a position to make them “best practice”. Importantly, we must prepare for climate change. Australia is increasingly <a href="https://theconversation.com/state-of-the-climate-2018-bureau-of-meteorology-and-csiro-109001">experiencing more extreme weather patterns</a>, but are we ready? </p>
<p>The legislative overhaul must also include building sustainability and higher performance requirements. A low-to-zero-carbon future must be part of the picture. </p>
<p>Construction code changes are needed urgently, not just for increased safety, but to ensure future urban developments:</p>
<ul>
<li>are ready for higher energy demands to cool and heat buildings</li>
<li>are designed to maximise sun and shade at the appropriate times to cool and warm both building and street</li>
<li>use materials that reflect heat for hot climates and absorb it for cooler ones</li>
<li>maximise insulation to reduce energy use</li>
<li>provide enough green space to give shade, produce oxygen and sustain a healthy environment</li>
<li>use water features to cool common and public areas</li>
<li>install smart technology to monitor and manage buildings and precincts. </li>
</ul>
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Read more:
<a href="https://theconversation.com/as-climate-changes-the-way-we-build-homes-must-change-too-110969">As climate changes, the way we build homes must change too</a>
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<p>Many leading developers are taking the initiative to ensure projects include high-performance, zero-carbon, highly energy-efficient buildings, with top star ratings, but action needs to be across the board. This can only be done via tough legislation and enforced compliance. </p>
<p>The <a href="https://www.estate.unsw.edu.au/tyree-energy-technologies-building-sustainable-energy-research">University of NSW’s Tyree Building</a> is an excellent example of a high-performance building, as is <a href="https://www.theguardian.com/artanddesign/2014/nov/11/sydneys-one-central-park-wins-international-best-tall-building-award">One Central Park, Sydney</a>, which features hanging gardens and an internal water recycling plant. But its most striking feature is its “heliostat”, a large array of mirrors that reflect sunlight to areas that would otherwise be in shadow.</p>
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<img alt="" src="https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=425&fit=crop&dpr=1 754w, https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=425&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/268939/original/file-20190412-76853-c1hpmi.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=425&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">One Central Park.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/sydneynsw-australia-november-11-2018-one-1241796475?src=5L0MWCPfwZutKPBFIwkc4g-1-7">SAKARET/Shutterstock</a></span>
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<p>Around the world, high-performance buildings are on the increase, such as <a href="https://e360.yale.edu/features/singapore_takes_the_lead_in_green_building_in_asia">313@Somerset</a> in the heart of Singapore, and the <a href="http://nirman.com/blog/2016/08/31/cii-sohrabji-godrej-green-business-center-hyderabad-a-guiding-light/">Sohrabji Godrej Green Business Centre</a> in Hyderabad – India’s first <a href="http://leed.usgbc.org/leed.html">Leadership in Energy and Environmental Design (LEED)</a> platinum-rated building. There are many more.</p>
<h2>Changing the law</h2>
<p>New building standards and compliance are required to ensure high-performance buildings are the norm, not the exception. The construction industry should fulfil a “cradle to cradle” objective for materials. This means accounting for:</p>
<ul>
<li>where materials come from</li>
<li>how materials are made</li>
<li>safety levels</li>
<li>carbon component</li>
<li>recyclability at demolition.</li>
</ul>
<p>Laws covering low-carbon building design are imperative, setting standards for geography, maximising natural light, air flow, insulation and smart technology. Technology can monitor and run a building’s utilities to ensure it’s not only energy-efficient but also delivers a health standard that’s adaptable to the future pressures of climate change.</p>
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Read more:
<a href="https://theconversation.com/green-buildings-must-do-more-to-fix-our-climate-emergency-110241">Green buildings must do more to fix our climate emergency</a>
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<h2>Sustainable buildings are achievable now</h2>
<p>Current know-how makes all this achievable. Over the past seven years the <a href="http://www.lowcarbonlivingcrc.com.au/">Cooperative Research Centre for Low Carbon Living</a> and its industry partners have funded research into most low-to-zero-carbon aspects of the built environment. This has led to many recommendations in reports like <a href="https://www.asbec.asn.au/research-items/built-perform/">Built to Perform</a>, produced by the Australian Sustainable Built Environment Council. </p>
<p>The many research projects include:</p>
<ul>
<li>17 living laboratories providing cutting-edge data</li>
<li>creating low-carbon communities</li>
<li>developing tools to measure carbon outputs, from materials to services</li>
<li>studying the effects of heatwaves in Western Sydney and ways to cool cities</li>
<li>research into low-carbon concrete made of fly ash. </li>
</ul>
<p>This plethora of data reveals that sustainable cities and precincts are achievable, while providing for a growing communities. <a href="https://theconversation.com/how-blockchain-can-democratize-green-power-87861">Blockchain and solar technology</a>, for example, is now proven for managing a precinct’s energy needs and can help turn energy users into providers. </p>
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Read more:
<a href="https://theconversation.com/beyond-bitcoin-how-blockchains-can-empower-communities-to-control-their-own-energy-supply-99411">Beyond Bitcoin: how blockchains can empower communities to control their own energy supply</a>
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<p>Although we are more global than ever, online and social media have in turn made us locally focused. We can know what’s going on in our street at a click and this technology is applicable to the operation of our future, sustainable cities.</p>
<p>We have the data, expertise, tools and knowledge to make safe, low-to-zero-carbon cities part of our future. But there’s much work to do. We still need to implement this knowledge, use the tools, change behaviour and instil 100% trust in the design and construction process. There’s no time to waste.</p><img src="https://counter.theconversation.com/content/113365/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Deo Prasad is the CEO of the Cooperative Research Centre for Low Carbon Living and receives funding from Federal and State governments for Low Carbon independent research for industry and government use.</span></em></p>Fires and building failures highlighted serious gaps in Australian building regulations. But recent revisions and recommendations still fall short of preparing our buildings for climate change.Deo Prasad, Scientia Professor and CEO, Co-operative Research Centre for Low Carbon Living, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1131152019-04-09T20:03:20Z2019-04-09T20:03:20ZHousing with buyer protection and no serious faults – is that too much to ask of builders and regulators?<p>Regulation of the Australian building industry is broken, according to the <a href="https://www.industry.gov.au/data-and-publications/building-confidence-building-ministers-forum-expert-assessment">Shergold-Weir report</a> to the <a href="https://www.industry.gov.au/regulation-and-standards/building-and-construction/building-ministers-forum">Building Ministers’ Forum</a> (BMF). </p>
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<p>[…] we have concluded that [the] nature and extent [of problems] are significant and concerning. The problems have led to diminishing public confidence that the building and construction industry can deliver compliant, safe buildings which will perform to the expected standards over the long term. </p>
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<p>You can say that again. </p>
<p>Just one of the issues identified in the report, combustible cladding, <a href="https://www.theaustralian.com.au/national-affairs/hit-list-identifies-10000-potential-grenfellstyle-buildings/news-story/65aaf99088ead16bd3e0947a6e242770">could affect over 1,000 buildings across Australia</a>. An unknown proportion of these are tall (four storey and above) residential strata buildings. Fears of rectification costs are starting to have <a href="https://www.afr.com/real-estate/melbourne-apartment-buildings-face-extra-scrutiny-over-combustible-cladding-20190205-h1avoi">severe impacts on the apartment market</a>. </p>
<p>The cost of replacing combustible panels at the Lacrosse Apartments in Melbourne, which caught fire in 2014, will be <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">at least A$5.7 million, plus A$6 million or so in consequential damages</a>. The total cost of replacing combustible panels across Australia is unknown at this point, but is likely to run to billions of dollars. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse fire ruling sends shudders through building industry consultants and governments</a>
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<p>The <a href="https://www.industry.gov.au/data-and-publications/building-confidence-building-ministers-forum-expert-assessment">Shergold-Weir report</a> identifies a catalogue of other problems, including water leaks, structurally unsound roof construction and poorly constructed fire-resisting elements. Faults appear to be widespread. </p>
<p>A <a href="https://cityfutures.be.unsw.edu.au/documents/44/Governing_the_Compact_City_EXECUTIVE_SUMMARY.pdf">2012 study by UNSW City Futures</a> surveyed 1,020 strata owners across New South Wales and found 72% of respondents (85% in buildings built since 2000) knew of at least one significant defect in their complex. Fixing these problems will cost billions more. </p>
<p>Regulatory failures are not only “diminishing public confidence”, they have a direct impact on the hip pockets of many Australians who own a residential apartment. In short, building defects resulting from lax regulation are a multi-billion dollar disaster. </p>
<h2>How could authorities let this happen?</h2>
<p>A web of regulations and standards enacted by governments cover construction in Australia, but this regulation is centred on the <a href="https://ncc.abcb.gov.au/ncc-online/About">National Construction Code</a> (NCC). The <a href="https://www.abcb.gov.au/ABCB/The-Board">Australian Building Codes Board</a> (ABCB), a body controlled by the Building Ministers’ Forum, manages the NCC. The ABCB board comprises appointed representatives from the Commonwealth plus all the states and territories and a few industry groups. </p>
<p>It is such a complicated system that it is hard to identify any government, organisation or person that is directly responsible for its performance. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/australia-has-a-new-national-construction-code-but-its-still-not-good-enough-113729">Australia has a new National Construction Code, but it's still not good enough</a>
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<p>The NCC is supposed to create “benefits to society that outweigh costs” but it appears the ABCB may have been more focused on the need to “consider the competitive effects of regulation” and “not be unnecessarily restrictive” (Introduction to NCC Volume 1).</p>
<p>The BMF’s <a href="https://www.industry.gov.au/sites/default/files/bmf-communique-8-february-2019.pdf">February 8 communique</a>, issued <em>after</em> the <a href="https://www.industry.gov.au/sites/default/files/bmf-communique-8-february-2019.pdf">fire in the Neo200 building</a> in Melbourne, is straight out of the Yes Minister playbook:</p>
<blockquote>
<p>Ministers agreed in principle to a national ban on the unsafe use of combustible ACPs (aluminium composite panels) in new construction, subject to a cost/benefit analysis being undertaken on the proposed ban, including impacts on the supply chain, potential impacts on the building industry, any unintended consequences, and a proposed timeline for implementation. Ministers will further consider this at their next meeting [in May this year].</p>
</blockquote>
<p>This suggests the ministers are more concerned about possible impacts on the panel suppliers and the building industry than the consumer. The earliest a ban can take effect is in May. In the meantime, anecdotal evidence suggests buildings are still being clad in combustible ACP.</p>
<p>Thanks to the journalist Michael Bleby, we know <a href="https://www.afr.com/real-estate/governments-failed-to-act-on-warnings-of-combustible-cladding-dangers-20190226-h1br6n">governments and the ABCB failed to act in 2010</a> when presented with evidence that combustible ACP was not only a danger, but was also being widely used on tall residential buildings. </p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"1102291033252155393"}"></div></p>
<p>Bleby quoted ABCB general manager Neil Savery as saying neither his organisation, nor any of the states, was aware that builders were using the product incorrectly.</p>
<p>We also know that panel manufacturers, including the Australian supplier of Alucobond, actively lobbied building ministers. At the July 2011 BMF meeting, the ACT representative effectively vetoed an ABCB proposal to issue an advisory note on the use of combustible ACP. </p>
<p>We are entitled to ask why the ABCB and its staff, or the downstream regulators and their staff, did not know about serious fire problems with ACP that the technical press <a href="http://www.cookeonfire.com/pdfs/eurisolgreenreport.pdf">identified as long ago as 2000</a>.
The answer will be of particular interest to residents of tall apartment buildings clad in these panels, all of whom are now living with an active threat to their safety. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Cladding fire risks have been known for years. Lives depend on acting now, with no more delays</a>
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<h2>Consumers are owed better protection</h2>
<p>While both Labor and Coalition governments have worked to improve consumer protection for people buying consumer goods, their record on housing, particularly apartments, is awful. While a consumer can be reasonably sure of getting restitution if they buy a faulty fridge, <a href="https://www.smh.com.au/business/consumer-affairs/victims-suffer-as-combustible-cladding-crisis-rages-on-20190402-p519yy.html">no such certainty exists if they buy a faulty house or apartment</a>. </p>
<p>At the moment, the NCC does not have any focus on providing protection for buyers of houses or apartments. There are few requirements for the durability of components and astonishingly weak requirements for waterproofing. Under the NCC and its attached Australian Standards, particularly AS 4654.1 and 2-2012, a waterproof membrane could last, in practice, five minutes or 50 years. </p>
<p>Given the magnitude of the economic loss, it would be appropriate for the BMF and ABCB board to publicly admit they have failed. Since their appointments in November 2017 and January 2013 respectively, neither ABCB chair John Fahey nor Savery as general manager has remedied the situation. The Shergold-Weir report has not been implemented and the combustible cladding issues remain unresolved. It would be reasonable for Fahey to step down and for Savery to consider his future. </p>
<p>The next federal government should consider what further action should be taken, particularly in relation to individuals on the BMF and within the ABCB involved in the 2010-2011 decision not to issue the proposed advisory note on the use of ACP. Since the ABCB does not publish minutes and none of its deliberations are in the public domain no one knows what actually happened or who did what. </p>
<p>The new board should consider moving residential apartment buildings (Class 2 buildings in the NCC classification) from Volume 1 of the NCC to Volume 2, which controls detached and semi-detached housing. Volume 2 should then have as its overriding objective the protection of consumers. </p>
<p>The downstream regulators should focus on requiring builders to deliver residential buildings with no serious faults and providing simple mechanisms for redress if they don’t. </p>
<p>Surely this is not too much to ask. </p>
<hr>
<p><em>This article has been updated to correct a reference to NCC volumes 1 and 2 – the latter controls detached and semi-detached housing.</em></p><img src="https://counter.theconversation.com/content/113115/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Years of regulatory failure are having direct impacts on the hip pockets of the many Australians who bought defective houses or apartments. It’s turning into a multibillion-dollar disaster.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1137292019-04-08T20:07:10Z2019-04-08T20:07:10ZAustralia has a new National Construction Code, but it’s still not good enough<p>After a three-year cycle of industry comment, review and revision, May 1 marks the adoption of a new <a href="https://ncc.abcb.gov.au/ncc-online/About">National Construction Code</a> (NCC). Overseen by the <a href="https://www.abcb.gov.au/ABCB/The-Board">Australian Building Codes Board</a> (ABCB), the code is the nation’s defining operational document of building regulatory provisions, standards and performance levels. Its <a href="https://ncc.abcb.gov.au/ncc-online/About">mission statement</a> is to provide the minimum necessary requirements for safety and health, amenity, accessibility and sustainability in the design, construction, performance and liveability of new buildings.</p>
<p>Some say the building industry is in <a href="https://www.thefifthestate.com.au/columns/spinifex/construction-crisis-no-minister-its-broken-try-an-iron-clad-mandated-warranty-instead/">deep crisis and broken</a>, that even our entire building regulatory system is not fit for purpose. Consider what has happened, <a href="https://www.afr.com/real-estate/what-are-australias-other-defective-towers-aside-from-sydneys-opal-tower-20190102-h19n02">particularly in residential construction</a>. We have had buildings <a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">burning</a>, <a href="https://www.smh.com.au/national/nsw/biggest-shake-up-in-building-laws-in-our-state-s-history-follows-opal-tower-debacle-20190210-p50wtd.html">cracking</a>, windows exploding, <a href="https://www.propertyobserver.com.au/forward-planning/investment-strategy/property-news-and-insights/83308-vue-on-king-william-adelaide-cbd-owners-hot-under-the-collar.html">rooms with intolerable heat stress</a>, <a href="https://www.abc.net.au/news/2019-02-23/opal-tower-residents-face-long-wait-for-repair-work/10842504">rendered unfit for occupation</a> without <a href="https://www.theguardian.com/australia-news/2019/feb/12/it-could-take-two-years-to-replace-flammable-cladding-in-melbourne-says-building-authority">costly remedial action</a>, class <a href="https://www.abc.net.au/news/2018-09-08/residents-furious-builder-sued-combustible-cladding/10214570">actions against developers</a>, and <a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">multi-million-dollar court judgments</a> against consultants and builders. </p>
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Read more:
<a href="https://theconversation.com/beyond-opal-a-10-point-plan-to-fix-the-residential-building-industry-110975">Beyond Opal: a 10-point plan to fix the residential building industry</a>
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<p>What have reforms to the old Building Code of Australia (BCA), now the NCC, delivered? Is the new code good enough? </p>
<p>Well, how do you measure performance? We should think in terms of lives saved, <a href="https://theconversation.com/health-check-how-can-extreme-heat-lead-to-death-91480">heat stroke</a> minimised, costly remedial works avoided, <a href="https://theconversation.com/too-hot-to-sleep-heres-why-11492">less sleep deprivation</a> and climate-induced respiratory issues, <a href="https://theconversation.com/we-cant-just-leave-it-to-the-ndis-to-create-cities-that-work-to-include-people-with-disability-93419">disability access</a>, <a href="https://theconversation.com/sustainable-housings-expensive-right-not-when-you-look-at-the-whole-equation-60056">less bill shock for the vulnerable</a>, and housing that is built to allow <a href="https://theconversation.com/for-australians-to-have-the-choice-of-growing-old-at-home-here-is-what-needs-to-change-91488">ageing in place</a>. </p>
<h2>Safety and amenity</h2>
<p>Widespread use of non-compliant building materials, and specifically combustible cladding, has been foremost in the minds of regulators. Three years ago, after the <a href="https://www.melbourne.vic.gov.au/sitecollectiondocuments/mbs-report-lacrosse-fire.pdf">Lacrosse fire in Melbourne Docklands</a>, the ABCB amended the existing code. This crucial revision has been <a href="https://www.abcb.gov.au/Resources/Publications/Education-Training/Fire-performance-of-external-walls-and-cladding">carried forward into the new code</a>.</p>
<p>Individually, states have acted on the findings of a <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/Non-conforming45th/Report">Senate inquiry</a> into this area. Last October, for example, Queensland enacted the <a href="http://www.hpw.qld.gov.au/construction/BuildingPlumbing/Building/Pages/NonConformingBuildingProducts.aspx">Building and other Legislation (Cladding) Amendment Regulation 2018</a>.</p>
<p>Investigations into the highly publicised, structurally unsound Opal tower in Sydney found the design – namely the connections between the beams and the columns on level 10 and level 4, the two floors with significant damage — indicated “<a href="https://www.abc.net.au/news/2019-01-16/opal-tower-investigation-what-the-report-actually-says/10717830">factors of safety lower than required by standards</a>”.</p>
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<figcaption><span class="caption">Opal Tower report finds “construction issues”.</span></figcaption>
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<p>Just two months ago when the new code was released in preview form, we learnt that a significant number of approved CodeMarks used to certify compliance for a range of building materials are under recall. The Australian Institute of Building Surveyors <a href="https://aibs.com.au/Public/News/2019/20190220_CodeMark_Certificates_Withdrawn.aspx">posted urgent advice</a>: “We are in the process of making enquiries with the ABCB and Building Ministers to find out when they were made aware that these certificates were withdrawn and what the implications for members will be […] and owners of properties that have been constructed using these products.”</p>
<p>Fire safety concerns are driving changes in the code. The new NCC has extended the provision of fire sprinklers to lower-rise residential buildings, generally 4-8 storeys. However, non-sprinkler protection is still permitted where other fire safety measures meet the deemed minimum acceptable standard. </p>
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Read more:
<a href="https://theconversation.com/lacrosse-fire-ruling-sends-shudders-through-building-industry-consultants-and-governments-112777">Lacrosse fire ruling sends shudders through building industry consultants and governments</a>
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<h2>Comfort and health</h2>
<p>The code includes new heating and cooling load limits. However, requirements for overall residential energy efficiency have not been increased. The 6-star minimum introduced in the 2010 NCC remains. </p>
<p>The code has just begun to respond to the problem of dwellings that are being constructed to comply but which <a href="https://www.ncbi.nlm.nih.gov/pubmed/27432732">perform very poorly in the peaks of summer</a> and winter and <a href="http://www.thrive-research.com.au/wp-content/uploads/2017/02/Living-Well-Report-Final-for-issue-080317.pdf">against international minimum standards</a>. The change in the code deals with only the very worst houses – no more than 5% of designs with the highest heating loads and 5% with the highest cooling loads.</p>
<p>It’s a concern that the climate files used to assess housing thermal performance use 40-year-old BOM data. Off the back of record hot and dry summers, readers in such places as Adelaide and Perth might be surprised to learn the ABCB designates their climate as “<a href="https://www.abcb.gov.au/Resources/Publications/Education-Training/Energy-Efficiency-NCC-Volume-Two">the mildest region</a>”.</p>
<p>For well over a decade my colleagues and I have researched thermal performance, comfort and health and improvements by regulation. Our <a href="http://anzasca.net/paper/investigating-equivalence-in-compliance-pathways-to-australian-housing-energy-efficiency/">recent paper</a>, based on a small <a href="http://www.nathers.gov.au/newsletters/issue-2-june-2016/nathers-news">sample of South Australian houses built between 2013 and 2016</a>, demonstrated what has been discussed anecdotally in hushed voices across the industry, that a building can <a href="http://anzasca.net/paper/investigating-equivalence-in-compliance-pathways-to-australian-housing-energy-efficiency/">fail minimum standards using one particular compliance option yet pass as compliant using a different pathway</a>. </p>
<p>A building that is not six stars can be built under the new code. In fact, it may have no stars! </p>
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Read more:
<a href="https://theconversation.com/construction-industry-loophole-leaves-home-buyers-facing-higher-energy-bills-82378">Construction industry loophole leaves home buyers facing higher energy bills</a>
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<p>Lamentably, there has been no national evidenced-based evaluation (let alone international comparison) of the measured effectiveness of the 6-star standard. CSIRO did carry out a <a href="https://publications.csiro.au/rpr/pub?pid=csiro:EP1312595">limited evaluation</a> of the older 5-star standard (dating back to 2005). An <a href="https://www.abcb.gov.au/Resources/Publications/Consultation/Energy-Action-Modelling-and-Sensitivity-Analysis">evaluation for commercial buildings</a> is available from the ABCB website. </p>
<h2>Accessibility and liveability</h2>
<p>Volume 2 of the NCC covers housing and here it is business as usual, although the ABCB has released an <a href="https://www.abcb.gov.au/Resources/Publications/Consultation/Accessible-Housing-Options-Paper">options paper</a> on proposals that might be part of future codes. Accessible housing <a href="https://www.abcb.gov.au/Initiatives/All/Accessible-Housing">is treated as a discrete project</a>. Advocates for code changes in this area, such as the <a href="https://anuhd.org/">Australian Network for Universal Housing Design</a> (ANUHD), have written to the ABCB expressing disappointment.</p>
<p>A Regulation Impact Assessment on the costs and benefits of applying a minimum accessibility standard to all new housing has yet to see the light of day. </p>
<p>These proposals or “options” talk of silver and gold levels of design (there is no third-prize bronze option for liveable housing). Codes of good practice in accessible design have for decades recommended such measures.</p>
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Read more:
<a href="https://theconversation.com/australias-housing-standards-are-failing-its-ageing-population-51460">Australia's housing standards are failing its ageing population</a>
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<h2>It’s all about performance</h2>
<p>Some argue that deep-seated problems have developed from a code that favours innovation and cost reduction over consumer protection. There is a cloud over the industry and over some provisions – or should we say safeguards and compliance? </p>
<p>Safety should not be a matter of good luck or depend on an accidental selection of a particular building material or system. New buildings born of this new code are hardly likely to differ measurably from their troublesome older siblings. The anxiety for insurers, regulators and building owners continues.</p>
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Read more:
<a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here's a solution</a>
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<p>The National Construction Code adopts a performance-based approach to building regulation, but don’t expect the sales consultant to know the <a href="http://www.yourhome.gov.au/passive-design/glazing">U-value</a> of the windows, whether the doors are hung to allow for disabled access, or if the cleat on your tie beam is to Australian standards. </p>
<p>Anyone can propose changes to the NCC. The form is on the website. Consultants will be hired to model costs and benefits. </p>
<p>Regulatory reforms introduced through the ABCB over the past 20 years have produced an <a href="http://www.thecie.com.au/?page_id=379">estimated annual national economic benefit of A$1.1 billion</a>. That’s a lot of money! The owners of failing residential buildings could do with some of that cash to cover losses and legal fees.</p><img src="https://counter.theconversation.com/content/113729/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Dr Timothy O'Leary has received past funding from the Australian Research Council and the State Government of South Australia for research in housing energy performance, energy disclosure and housing lifetime affordability.
Dr O' Leary holds an unpaid position as a Program Advisory Group member of the Victorian Government, Residential Efficiency Scorecard and contributes in a non paid advisory role to the National Energy Efficient Buildings Project (NEPP), stakeholder reference group convened by the Australian Department of Environment and Energy.</span></em></p>Under the new code, buildings are hardly likely to differ measurably from their fault-ridden older siblings and can still fall short of a six-star rating. It’s possible they may have no stars!Timothy O'Leary, Lecturer in Construction and Property, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1127772019-03-04T19:03:13Z2019-03-04T19:03:13ZLacrosse fire ruling sends shudders through building industry consultants and governments<figure><img src="https://images.theconversation.com/files/261789/original/file-20190303-110140-1tsk03c.png?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Flames spread rapidly up the external wall cladding at the Lacrosse building in Melbourne in November 2014. More than four years on, the combustible panels are still in use.</span> <span class="attribution"><a class="source" href="http://www.mfb.vic.gov.au/media/docs/post_incident_analysis_for_lacrosse_docklands_-_25_11_2014%20-%20final-dd61c4b2-61f6-42ed-9411-803cc23e6acc-0.pdf">MFB</a></span></figcaption></figure><p>On the last day of summer for 2019, the Victorian Civil and Administrative Tribunal (VCAT) delivered a burst of sunshine to apartment owners at the high-rise Lacrosse building in the Melbourne Docklands precinct. Lacrosse suffered a serious cladding fire on November 24 2014, started by a single cigarette on a balcony. Last Thursday, Judge Ted Woodward <a href="https://www.abc.net.au/news/2019-02-28/lacrosse-apartment-owners-win-5.7-million-cladding-fire-damages/10857060">ordered the owners be immediately paid A$5.7 million in damages</a>.</p>
<p>The judge also indicated that the owners would receive most of the balance of their A$12.7 million claim – including nearly A$6 million in calculated costs of compliance with building codes.</p>
<p>However, in our adversarial legal system, there are losers as well as winners. The losers in this case are the fire engineer, the certifier and the architects. </p>
<p>The builder, LU Simon, was ordered to pay more than A$5.7 million to apartment owners. However, the architect, fire engineer and building certifier who worked on the project would pay most of that to LU Simon after Judge Woodward found they had breached contractual obligations.</p>
<p>Fire engineer Thomas Nicholas was ordered to pay 39% of the damages, certifier Gardner Group 35% and architects Elenberg Fraser 25%. Incredibly, the builder, LU Simon, is a winner, assessed to pay only 3% of the damages. </p>
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Read more:
<a href="https://theconversation.com/cladding-fire-risks-have-been-known-for-years-lives-depend-on-acting-now-with-no-more-delays-111186">Cladding fire risks have been known for years. Lives depend on acting now, with no more delays</a>
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<p>So shocking is the <a href="https://www.vcat.vic.gov.au/resources/owners-corporation-no1-of-ps613436t-owners-corporation-no-2-of-ps613436t-owners">VCAT decision</a> to architects that the national president of the Australian Institute of Architects suggested in an email to members last Friday that they might need to seek counselling. </p>
<p>The decision reminds architects and other consultants that abiding by common practice is no defence if that practice is inadequate. Even though an architect may work for the builder and be employed on a limited commission during construction, they still bear primary responsibility for the safety of the building as the “lead consultant”. According to the decision, architects and consultants are required to exercise high standards of professional judgement and skill even if their commissioning arrangements and fees militate this. </p>
<h2>So is this a win for all owners?</h2>
<p>It looks like a cause for celebration by the owners. But is it?</p>
<p>Well, for a start, this decision has taken over four years to emerge. It may yet be the subject of an appeal. In the meantime, owners and residents have had to live in a building that is not safe, although work to replace the cladding should be complete by May. </p>
<p>Judge Woodward said the decision applies to the specific circumstances of Lacrosse only, so the owners of other buildings, including <a href="https://www.abc.net.au/news/2019-02-04/spencer-street-apartment-fire-melbourne/10776018">Neo200, which was evacuated on February 4</a> after a similar fire, might not also be in the winner’s circle. </p>
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Read more:
<a href="https://theconversation.com/dont-overlook-residents-role-in-apartment-building-safety-111255">Don't overlook residents' role in apartment building safety</a>
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<p>Fourteen of the Neo200 apartments are so badly damaged that <a href="https://www.theage.com.au/national/victoria/some-neo-200-residents-told-to-expect-year-long-wait-before-they-return-20190215-p50y26.html">rectification works could take up to a year to complete</a>. If Lacrosse is any indication, the Neo200 legal case might take until 2022 to conclude. </p>
<p>The Lacrosse case ran for 22 days, involved five QCs, five juniors and an army of instructing solicitors, paralegals and expert witnesses. There were 91 volumes of documents tendered as evidence. Legal costs almost certainly exceeded A$2 million, or more than 15% of the damages sought. </p>
<p>Around the country, based on state audits, I estimate around 1,000 buildings have combustible aluminium composite panels on their facades. If they all generate a court case half as complex as Lacrosse, the legal bills alone could total over A$1 billion. </p>
<h2>Government must also answer for deregulation</h2>
<p>Those who eased the regulatory framework in place in Australia since the late 1980s share culpability with the consultants for the fires at Lacrosse and Neo200. Until the early 1990s, Australian building codes prohibited the use of combustible elements on the facades of tall buildings. Throughout the 1990s, the then Building Code of Australia (now the <a href="https://ncc.abcb.gov.au/ncc-online/NCC">National Construction Code</a> or NCC) was relaxed to a “performance standard”, which allowed builders and consultants to believe aluminium composite panels and timber were permissible. </p>
<p>By 2000, despite plenty of evidence that these panels were combustible and therefore not suitable as facade material on tall buildings, the market for them continued to grow. The Australian Building Codes Board did nothing about this, encouraging a potentially fatal error. </p>
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Read more:
<a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here's a solution</a>
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<figcaption><span class="caption">The ABC reports on the hidden potential killer in Australian buildings following the Lacrosse fire.</span></figcaption>
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<p>So far, on the regulatory side, no one has actually owned up to a mistake. However, the Building Ministers’ Forum is considering the 24 recommendations of a <a href="https://www.industry.gov.au/data-and-publications/building-ministers-forum-expert-assessment-building-confidence">report it commissioned</a> from Peter Shergold and Bronwyn Weir. New South Wales’ minister for innovation and better regulation, Matt Kean, has <a href="https://www.abc.net.au/news/2018-12-30/opal-tower-damage-sparks-nsw-government-crackdown/10673968">promised to crack down on dodgy certifiers</a>. In the light of the cladding panel fiasco, he probably should be reviewing his own remit, which is based on the premise that less regulation is better. </p>
<p>The NCC has a goal to encourage innovation in building by allowing alternative solutions to “deemed to satisfy” provisions. Unfortunately, in the case of the cladding panels and other “innovations”, the cost savings may be only a tiny proportion of the costs of rectifying the problems. </p>
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Read more:
<a href="https://theconversation.com/beyond-opal-a-10-point-plan-to-fix-the-residential-building-industry-110975">Beyond Opal: a 10-point plan to fix the residential building industry</a>
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<p>Penitent governments should ensure flammable cladding is replaced now, not next year and certainly not in five or six years’ time when another round of court cases are finally decided after appeal. Unless governments act to fix this mistake, one that they are substantially responsible for, someone is going to be killed in a cladding fire in Australia. </p>
<p>As Judith Hackitt, who headed the inquiry into the <a href="http://theconversation.com/grenfell-a-year-on-heres-what-we-know-went-wrong-98112">Grenfell Tower disaster</a>, said last week, a Grenfell-like event in Australia is “<a href="https://www.afr.com/real-estate/entirely-foreseeable-judith-hackitt-warns-of-grenfell-tragedy-in-australia-20190226-h1bqkw">entirely foreseeable</a>”.</p><img src="https://counter.theconversation.com/content/112777/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Geoff Hanmer is a member of the RAIA. ARINA had an association with Hayball, the Architects for Neo200 from 2013 to 2016. ARINA and Geoff Hanmer had no involvement in Hayball multi-unit residential projects during that time. </span></em></p>Architects, certifiers and engineers who work as consultants to builders are on notice about potential liability for the use of flammable cladding, but governments are also culpable for their actions.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1111862019-02-08T03:46:41Z2019-02-08T03:46:41ZCladding fire risks have been known for years. Lives depend on acting now, with no more delays<p>The <a href="https://www.theage.com.au/national/victoria/same-as-grenfell-tower-cladding-fears-as-fire-rips-through-melbourne-cbd-apartment-building-20190204-p50vgl.html">fire at the Neo200 building</a> on Spencer Street in the Melbourne CBD this week has eerie similarities to the <a href="http://theconversation.com/grenfell-a-year-on-heres-what-we-know-went-wrong-98112">Grenfell Tower disaster</a>. Fortunately, instead of 72 people dead as at Grenfell, only one person was hospitalised for smoke inhalation. </p>
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Read more:
<a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here's a solution</a>
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<p>Nevertheless, the building industry has responded straight from the Grenfell song sheet. Rydon, the main contractor for the Grenfell Tower cladding, <a href="https://www.itv.com/news/meridian/update/2017-06-15/statement-from-rydon-after-public-inquiry-announcement/">said</a> the work:</p>
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<p>… met all required building regulations – as well as fire regulation and Health & Safety standards – and handover took place when the completion notice was issued by Royal Borough of Kensington and Chelsea building control.</p>
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<p>Rydon chief executive Robert Bond <a href="https://www.theguardian.com/uk-news/2017/jun/15/experts-warned-government-against-cladding-material-used-on-grenfell">said</a>: </p>
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<p>I will do all I can to assist in this investigation in order to establish what caused this tragedy.</p>
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<p>The Neo 200 architect, Hayball, <a href="https://architectureau.com/articles/cladding-back-in-the-spotlight-after-melbourne-apartment-tower-blaze/">stated</a>: </p>
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<p>Neo 200 achieved certification and approval from the building certifier and relevant authorities at the time. We welcome the opportunity to support any investigation into the incident by authorities.</p>
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<p>This appears to be the property sector’s version of “thoughts and prayers”. We’re very sorry, but there’s nothing we can do. </p>
<p>Sadly, this is far from the truth. We have known of the risk for years and the problem can be rectified. </p>
<p>Governments must act to ensure the cladding identified as a fire risk on hundreds of buildings is replaced. Further delay in fixing an identified threat to life is unacceptable. </p>
<p>Before the Grenfell and Neo200 fires, Melbourne had a cladding fire at the <a href="https://www.theage.com.au/politics/victoria/docklands-owners-sue-for-24m-over-fire-as-date-to-fix-cladding-looms-20180909-p502pc.html">Lacrosse building</a> in 2014. This led to an <a href="https://www.vba.vic.gov.au/media/latest-news/article/2016/vba-releases-external-wall-cladding-audit-report">audit of external wall cladding</a> on buildings by the Victorian Building Authority. </p>
<p>Following the Grenfell fire, states conducted further audits. In October 2018, an <a href="https://www.planning.vic.gov.au/__data/assets/pdf_file/0029/394733/VCT-Taskforce-Update-October-2018.pdf">update</a> by the <a href="https://www.vba.vic.gov.au/cladding/victorian-cladding-taskforce">Victorian Cladding Taskforce</a> stated: </p>
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<p>Our investigations found dangerous materials are widely used on buildings throughout Victoria, a finding that is consistent with inquiries carried out interstate and internationally.</p>
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<p>We now know that hundreds of residential buildings are rated as either a moderate or high risk by the New South Wales and Victorian governments. Over 350 buildings in Melbourne alone are rated “high risk”. Neo200 was regarded as only a “moderate risk”. </p>
<p>Residential buildings are particularly vulnerable to the effects of a cladding fire because people can be asleep and windows are often left open. The amount of smoke generated by the recent Neo200 fire is frightening.</p>
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<figcaption><span class="caption">Combustible cladding allowed the fire to spread rapidly up the Neo200 building.</span></figcaption>
</figure>
<p>In the UK, the central government has given local authorities the power to replace risky cladding. We should do the same here. </p>
<p>Governments should take rectification out of the hands of dithering strata committees and, if necessary, carry out the necessary work directly and recover the costs from the responsible parties.</p>
<h2>How did we get to this point?</h2>
<p>Polyethylene-cored aluminium sandwich panels – often referred to as aluminium composite panels (ACP), PE or PU panels – were <a href="https://alucobond.com/company#history">developed 50 years ago</a>, patented in 1971 and marketed as Alucobond. When the patent expired in 1991 other manufacturers entered the market, including products marketed as Reynobond (originally Reynolds Aluminium) and Alpolic (Mitsubishi Chemicals). Now, it is estimated over 200 manufacturers around the world produce ACP panels. </p>
<p>By the 1990s, ACP was gaining a level of acceptance in the Australasian construction market. This was aided by the introduction of performance requirements to replace a previous blanket ban on combustible materials being used on tall building facades. The timing of the relaxation of the Building Code of Australia and the introduction of ACP panels to the Australian market by multinational companies could be a coincidence. </p>
<p>By the end of the 1990s, there was growing evidence that the performance-based approach to facade fire protection was not working. Combustible cored sandwich panels were implicated as contributors to serious injuries and death. A notable example was a <a href="https://www.ife.org.uk/Firefighter-Safety-Incidents/sun-valley-1993/34014">1993 fire in the Sun Valley food-processing factory in Hereford</a> in which two firefighters died. In 1997, the <a href="https://www.architectsjournal.co.uk/home/burning-issues/181812.article">Museum of New Zealand (Te Papa) experienced a cladding fire</a> during construction. </p>
<p>The general and technical press, including architectural magazines with wide circulation, reported cladding fires in various types of materials, including ACP. </p>
<h2>What can be done to reduce the risk?</h2>
<p>Clearly, a facade fire has serious consequences. The bedrock of all modern fire regulations is that a fire in a tall building must be confined to a single storey. A fire spreading from one floor to the next completely undermines all the elements of protection and control that make egress routes and firefighting viable. </p>
<p>As we saw at Grenfell, a fire that spreads up the facade and involves nearly every storey in the building can’t be brought under control. </p>
<p>By 2000, there was widespread concern among fire professionals and some regulators that ACP was a bomb waiting to go off. A <a href="http://www.cookeonfire.com/pdfs/eurisolgreenreport.pdf">paper by Dr Gordon Cooke</a> clearly outlined the risks. It makes chilling reading in the light of the Grenfell disaster. </p>
<p>Luckily, most tall residential buildings in Australia with combustible ACP cladding have internal sprinkler systems – unlike Grenfell. We might also be able to buy some time by banning barbecues and smoking on balconies, but it is doubtful this will be 100% effective. Another possibility is to physically secure balcony doors shut, but many owners and tenants might strongly resist this draconian measure. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/dont-overlook-residents-role-in-apartment-building-safety-111255">Don't overlook residents' role in apartment building safety</a>
</strong>
</em>
</p>
<hr>
<p>These measures still will not eliminate the <a href="https://www.abc.net.au/radionational/programs/breakfast/victorian-government-refuses-to-publicly-identify/10780228">risk of arson highlighted by the Victorian government</a>. </p>
<p>As the Neo200 fire demonstrates, even a moderate risk is still quite risky. It is extraordinary that a fire allegedly lit by a single smouldering cigarette could spread so quickly across seven floors and generate so much potentially deadly smoke. </p>
<p>An urgent cladding replacement program certainly has its challenges. A campaign that involves working on several hundred buildings at once in Melbourne and Sydney might overload the industry. </p>
<p>Nevertheless, the situation has been created by a lack of action by governments. Only decisive government action can rectify it. No more “thoughts and prayers”, enquiries or investigations; just replace the cladding now.</p><img src="https://counter.theconversation.com/content/111186/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>ARINA had an association with Hayball Architects for four years to 2016. ARINA had no involvement with the residential component of the practice. </span></em></p>The risks of combustible cladding on high-rise buildings have long been known. And audits have identified hundreds of Australian buildings with this cladding. Delay in replacing it is inexcusable.Geoff Hanmer, Adjunct Lecturer in Architecture, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1112552019-02-07T19:10:04Z2019-02-07T19:10:04ZDon’t overlook residents’ role in apartment building safety<p>For many of us, the reality of Australian homes now sits many storeys up in the sky. <a href="https://theconversation.com/higher-density-and-diversity-apartments-are-australia-at-its-most-multicultural-97176">High-rise apartment buildings have sprouted across the nation’s cities</a>. In recent weeks – <a href="https://theconversation.com/there-are-lessons-to-be-drawn-from-the-cracks-that-appeared-in-sydneys-opal-tower-but-they-extend-beyond-building-certification-109428">on Christmas Eve at the Opal Tower building in Sydney</a> and <a href="https://www.theguardian.com/australia-news/2019/feb/04/apartment-fire-in-melbournes-spencer-street-prompts-new-fears-over-cladding">on February 4 at the Neo200 Building in Melbourne</a> – that reality has turned into the nightmare for hundreds of residents of being turned out of their homes with little more than the clothes they were wearing.</p>
<hr>
<p><em><strong>Read more:</strong> <a href="https://theconversation.com/the-big-lesson-from-opal-tower-is-that-badly-built-apartments-arent-only-an-issue-for-residents-109722">The big lesson from Opal Tower is that badly built apartments aren’t only an issue for residents</a></em></p>
<p><em><strong>Read more:</strong> <a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">Cladding fires expose gaps in building material safety checks. Here’s a solution</a></em></p>
<hr>
<p>The Opal Tower evacuation was <a href="https://www.planning.nsw.gov.au/-/media/Files/DPE/Reports/Opal-Tower-Investigation-Draft-Interim-Report-2019-01-15.pdf">due to structural cracking</a>. At Neo200, a fire raced up the building, <a href="https://www.afr.com/real-estate/combustible-cladding-main-contributor-to-melbournes-spencer-st-tower-fire-20190204-h1atix">fuelled by flammable cladding</a> on part of its facade. </p>
<p>The rapid spread of the fire, and <a href="https://www.theage.com.au/national/cbd-tower-residents-forced-out-of-apartments-after-blaze-20190204-p50vlt.html">its apparent origin in a smouldering cigarette on the balcony</a>, was eerily reminiscent of the <a href="https://www.theage.com.au/politics/victoria/docklands-owners-sue-for-24m-over-fire-as-date-to-fix-cladding-looms-20180909-p502pc.html">Lacrosse building fire</a> in Melbourne in 2014. It also brings to mind the Grenfell Tower inferno in London (probably <a href="https://www.bbc.com/news/uk-40301289">originating in a small electrical fire</a>). This catastrophe took the lives of 72 people and devastated the lives of many more.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/grenfell-a-year-on-heres-what-we-know-went-wrong-98112">Grenfell: a year on, here's what we know went wrong</a>
</strong>
</em>
</p>
<hr>
<p>Media reports of the Neo200 fire included two concerning aspects:</p>
<ul>
<li><p><a href="https://www.theage.com.au/national/victoria/extra-fire-alarms-put-in-a-fortnight-before-blaze-ripped-through-tower-20190204-p50vjt.html">tenants had been unaware</a> the building was partially covered in combustible cladding</p></li>
<li><p><a href="http://www.mfb.vic.gov.au/Media/docs/Post_Incident_Analysis_for_Lacrosse_Docklands_-_25_11_2014%20-%20FINAL-dd61c4b2-61f6-42ed-9411-803cc23e6acc-0.PDF">as the Metropolitan Fire Brigade found at Lacrosse</a>, <a href="https://www.theage.com.au/national/victoria/same-as-grenfell-tower-cladding-fears-as-fire-rips-through-melbourne-cbd-apartment-building-20190204-p50vgl.html">smoke detectors had been covered</a>, rendering them inoperable.</p></li>
</ul>
<p>Such behaviours and lack of knowledge compromise critical safety-related equipment. This represents both a challenge to, and reinforcement of, the critical role of residents in ensuring high-rise buildings are safe. </p>
<p>In the <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/707785/Building_a_Safer_Future_-_web.pdf">final report</a> of the post-Grenfell “Building a Safer Future” review for the UK government, Dame Judith Hackitt observed:</p>
<blockquote>
<p>Residents need to be safe, and feel safe, in their homes … they also have a responsibility towards their fellow residents to ensure that their actions do not compromise the safety of the building. </p>
</blockquote>
<h2>Six elements of residential building safety</h2>
<p>The Hackitt Review joins a raft of reports that have influenced ongoing reform of residential construction regulations. In Victoria, notable recent contributions include the Auditor-General’s <a href="https://www.audit.vic.gov.au/report/victorias-consumer-protection-framework-building-construction">2015 report</a> on the consumer protection framework, and <a href="https://www.industry.gov.au/sites/default/files/July%202018/document/pdf/building_ministers_forum_expert_assessment_-_building_confidence.pdf">Shergold and Weir’s 2018 report</a> for the Building Ministers’ Forum.</p>
<p>There is significant agreement between these reviews. Their vision for an effective regulatory scheme can be distilled into six elements, which need to interact holistically:</p>
<ol>
<li><p><strong>Information:</strong> all parties who have an influence on occupant safety need sufficient information about the risks in the building to make decisions consistent with protecting occupant safety.</p></li>
<li><p><strong>Responsibility:</strong> while the “buck stops” with an adequately resourced regulator, all parties in the residential construction supply chain need to discharge clearly expressed, risk-based and complementary responsibilities.</p></li>
<li><p><strong>Standards:</strong> people with appropriate expertise (for example, about how building materials interact) should set standards to be enforced throughout the supply chain.</p></li>
<li><p><strong>Competence:</strong> where work requires particular skills and experience, only people who have these should do it.</p></li>
<li><p><strong>Quality assurance:</strong> inspection regimes need to provide a robust “last line of defence” to catch defects before they threaten occupants’ safety.</p></li>
<li><p><strong>Rectification:</strong> recognising that litigation is slow and expensive, dispute avoidance processes and insurance should expedite rectification.</p></li>
</ol>
<p>The Victorian regulatory regime for residential construction mainly comprises the <a href="http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/ltobjst10.nsf/DDE300B846EED9C7CA257616000A3571/FF534BFE5E1FF524CA2583150019BDAF/%24FILE/93-126a117.docx">Building Act 1993</a>, its recently updated <a href="http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/b12e276826f7c27fca256de50022686b/d6ce1ed4cf4cae14ca25833000014a82!OpenDocument">regulations</a>, the <a href="https://ncc.abcb.gov.au/ncc-online/NCC">National Construction Code</a> which underpins those regulations, and the <a href="http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt10.nsf/DDE300B846EED9C7CA257616000A3571/513B8F096A77B1A7CA2583300080DA1F/%24FILE/95-91a084.docx">Domestic Building Contracts Act 1995</a>. Justifiably, much of the recent reform focus has been on the role of the regulator under element 2 – the Victorian Ombudsman’s <a href="https://www.ombudsman.vic.gov.au/Publications/Parliamentary-Reports/Own-motion-investigation-into-the-governance-and-a">2012 report</a> led to the Victorian Building Authority replacing the Victorian Building Commission – and elements 3-6. Contributors to The Conversation have, for example, noted:</p>
<ul>
<li>the difficulties of <a href="https://theconversation.com/cladding-fires-expose-gaps-in-building-material-safety-checks-heres-a-solution-111073">tracking compliant products throughout globalised supply chains</a> (element 3), and how technology can help overcome these challenges</li>
<li>the importance of enforcing competence (element 4) in a <a href="https://theconversation.com/beyond-opal-a-10-point-plan-to-fix-the-residential-building-industry-110975">ten-point plan to fix the residential building industry</a></li>
<li>scapegoating <a href="https://theconversation.com/there-are-lessons-to-be-drawn-from-the-cracks-that-appeared-in-sydneys-opal-tower-but-they-extend-beyond-building-certification-109428">private building inspectors</a> (element 5), as happened after the Opal evacuation, attacks a symptom of the disease, rather than the inherent tension between cost and quality in residential construction.</li>
</ul>
<p>The regulatory response on each of these four elements remains a matter for ongoing debate. This is justified given that the performance-based nature of most standards-setting results in increased competence requirements.</p>
<h2>What about the role of residents?</h2>
<p>The Neo200 experience highlights, however, that the role of residents can be underestimated. In particular, where regulatory elements 1 and 2 refer to “parties”, this very much includes dwelling occupants and others who enter these buildings. It also includes the designers, builders and other construction professionals who are the primary concern of elements 3-6.</p>
<p>Given the diverse ways in which people visit, live or work in high-rise buildings, it will always be a challenge to devise ways to make sure occupants:</p>
<ul>
<li>have enough information to understand the risks of being in such buildings (whether or not there is combustible cladding)</li>
<li>act in ways that reflect their responsibility to keep themselves and their fellow residents safe. </li>
</ul>
<p>As recent moves in Victoria to <a href="https://www.vba.vic.gov.au/consumers/swimming-pools/information-for-consumers-who-have-an-existing-pool-or-spa">register and inspect backyard pools and spas</a> arguably demonstrate, there seems to be robust community support for intruding into people’s homes where the safety risk is seen as high. Is it time, therefore, to mandate airline-style safety briefings in apartments, regular inspections of apartments to make sure smoke detectors are working, and other similar interventions? Certainly, a recognition of occupants as active stakeholders would suggest such measures are appropriate in pursuit of a deeply held community goal of dwelling safety.</p>
<p>As a society, though, are we ready for such state-based assaults on our homes – upon what the Kerrigans regarded as their “<a href="https://www.imdb.com/title/tt0118826/">castle</a>”? Time will tell. In the meantime, the residents of the Neo200 building – like those at the Opal building before them – are left searching for alternative accommodation, and for answers.</p><img src="https://counter.theconversation.com/content/111255/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Matthew Bell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As more and more Australians live and work in high-rise buildings, their responsibilities and roles in ensuring all occupants’ safety must not be neglected.Matthew Bell, Senior Lecturer and Co-Director of Studies for Construction Law, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1110732019-02-05T01:28:17Z2019-02-05T01:28:17ZCladding fires expose gaps in building material safety checks. Here’s a solution<figure><img src="https://images.theconversation.com/files/257129/original/file-20190204-86236-b3h0zk.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The fire in the Melbourne CBD on Monday was a reminder of the urgency of developing a system that guarantees only materials that meet building safety standards are used. </span> <span class="attribution"><a class="source" href="https://twitter.com/bekahjaynex">Bekah Jane/Twitter</a></span></figcaption></figure><p>A <a href="https://www.theage.com.au/national/victoria/same-as-grenfell-tower-cladding-fears-as-fire-rips-through-melbourne-cbd-apartment-building-20190204-p50vgl.html">fire at the Neo 200 apartment building</a> in Spencer Street, Melbourne, on Monday highlighted the risk to human safety from flammable cladding and other non-conforming building products. Building quality and safety are compromised when there is no transparency about the products used. </p>
<p>Our <a href="https://vimeo.com/314639721">experimental research project</a> suggests a solution that uses sensor technology and artificial intelligence. Finding such a solution to ensure unsafe and substandard products are detected and prevented from being used in buildings is critical, given the scale of the problem in Australia. </p>
<p>In 2014, a <a href="https://www.theage.com.au/politics/victoria/docklands-owners-sue-for-24m-over-fire-as-date-to-fix-cladding-looms-20180909-p502pc.html">similar cladding fire</a> spread across multiple levels of the Lacrosse Tower in Melbourne’s Docklands. This led to an initial audit by the Victorian Building Authority. </p>
<p>In 2017, after 72 people died in the Grenfell cladding fire in London, the <a href="https://www.vba.vic.gov.au/cladding/victorian-cladding-taskforce">Victorian Cladding Taskforce</a> conducted another audit. It found at least 1,400 buildings contained cladding that was non-conforming to Australian standards and/or non-compliant with government safety regulations. Its <a href="https://www.planning.vic.gov.au/__data/assets/pdf_file/0016/90412/Victorian-Cladding-Taskforce-Interim-Report-November-2017.pdf">interim report</a> concluded:</p>
<blockquote>
<p>The Victorian Cladding Taskforce has found systems failures have led to major safety risks and widespread non-compliant use of combustible cladding in the building industry across the state.</p>
</blockquote>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/grenfell-a-year-on-heres-what-we-know-went-wrong-98112">Grenfell: a year on, here's what we know went wrong</a>
</strong>
</em>
</p>
<hr>
<h2>How could this happen?</h2>
<p>The taskforce noted 12 reasons for non-compliant use of cladding. From a systems perspective, these can be categorised as:</p>
<ol>
<li> incentive to substitute products driven by cost</li>
<li> no reliable means of independently verifying product certification </li>
<li> product labelling cannot be verified to detect fraudulent or misleading information</li>
<li> products cannot reliably be verified as being the same as those approved (and used)</li>
<li> on-site inspections are unreliable or do not take place.</li>
</ol>
<p>Essentially, the taskforce identified a problem with the system of verifying products’ conformance to standards and compliance with government regulation.</p>
<p>Substandard products can be found across a range of materials used in the building sector. These include steel, copper, electrical products, glass, aluminium and engineered wood. For example, the <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/Non-conforming45th">Senate inquiry into non-conforming products</a> found:</p>
<blockquote>
<p>The ACCC [Australian Competition and Consumer Commission] advised that electrical retailers and wholesalers have recalled Infinity and Olsent-branded electrical cables, warning that ‘physical contact with the recalled cables could dislodge the insulation and lead to electric shock or fires’. </p>
</blockquote>
<p>The taskforce estimated over 22,000 homes were affected. It estimated the cost of the recall and replacement at A$80 million.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/reach-for-the-sky-why-safety-must-rule-as-tall-buildings-aim-higher-83223">Reach for the sky: why safety must rule as tall buildings aim higher</a>
</strong>
</em>
</p>
<hr>
<h2>So how can technology help?</h2>
<figure class="align-right zoomable">
<a href="https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=654&fit=crop&dpr=1 600w, https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=654&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=654&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=822&fit=crop&dpr=1 754w, https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=822&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/257125/original/file-20190204-86198-vmjrnp.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=822&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A QR code can tell you about this bottle of Chianti and, by matching against supply chain data, can be used to verify that the wine is genuine.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:%2213_QR_CODE_ITA_LANG_-_Chianti_DOGC_wine_bottle_code_scan_smartphone_-_qr_code_steps.png">Andrea Pavanello, Milano/WIkimedia</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p>Similar problems have existed in other industries. In the wine export industry, sensor technology has been used to detect fraudulent products in our biggest market, China. This involves scanning <a href="https://en.wikipedia.org/wiki/QR_code">QR codes</a> on bottle labels to identify the manufacturer, the batch and other product details that authenticate wine products. </p>
<p>Scanning technology, involving complex data-matching across different data platforms, is used daily – when we use credit cards, for example. The building industry has embraced some excellent systems to collect data of importance such as <a href="https://en.wikipedia.org/wiki/Building_information_modeling">building information modelling</a> (BIM). However, BIM does not verify authenticity of products. </p>
<p>In the the case of flammable cladding, data verification to solve the use of non-conforming products is housed across a number of authorities, manufacturers and industry associations. Collaboration is needed to design a system to solve the problem. The data should be collected and stored in a manner that enables secure access by a digital verification system.</p>
<h2>What features does the system need to have?</h2>
<p>Our research focus has been on designing a system based on criteria informed by industry innovators and stakeholders. The system must be able to:</p>
<ol>
<li> collect and match product data in real time</li>
<li> verify non-conforming and non-compliant products in real time</li>
<li> maintain integrity of labelling </li>
<li> store data securely so all stakeholders can verify the status of the building, including architects, builders, site managers, inspectors, owners, investors, insurers and financiers</li>
<li> trace data (and composition) throughout the product life-cycle, to predict maintenance, recovery and repurposing.</li>
</ol>
<p>The system we suggest uses two elements, sensor technology and artificial intelligence, to do all this. </p>
<figure>
<iframe src="https://player.vimeo.com/video/314639721" width="500" height="281" frameborder="0" webkitallowfullscreen="" mozallowfullscreen="" allowfullscreen=""></iframe>
<figcaption><span class="caption">Technology to solve the problem of tracking and validating building product safety is being developed.</span></figcaption>
</figure>
<h2>How does the system work?</h2>
<p>A mobile app that can scan QR codes or “building material passports” is being developed in Europe. The label will hold relevant compliance data of the assembled product and its component parts. This includes building code compliance, and relevant assessments and certifications. </p>
<p>The product’s QR code can be scanned at any time along the supply chain and throughout the life of the building. This then enables its status to be verified via data matching. </p>
<p>Linking to a platform that uses artificial intelligence (AI) solves the problem of ensuring compliance with government regulation. CSIRO Data 61 has developed an AI software tool that enables regulation to be coded using AI algorithms to accurately determine compliance. We are working with Data 61 to test Australian regulation and ensure transparency for all. </p>
<p>The solution is designed to plug into existing technology solutions, such as BIM and <a href="https://matrackinc.com/">Matrack</a>, to trace the movement of products along the supply chain and throughout the building’s life-cycle.</p><img src="https://counter.theconversation.com/content/111073/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Usha Iyer-Raniga is Vice President, Education (ACTS). She is on advisory boards/committees such as the Property Council's Sustainability and Wellness Committee.</span></em></p><p class="fine-print"><em><span>Kevin Argus does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Fortunately, no lives were lost in the latest cladding fire in Melbourne, but it’s a stark reminder of the urgent need to track and verify that building materials comply with safety standards.Kevin Argus, Lecturer, Marketing & Design Thinking, RMIT UniversityUsha Iyer-Raniga, Professor, School of Property, Construction and Project Management, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.