On May 9th, 2024, Jimmy-T’s podcast “Lawyer in the Hot Seat, Part 2” featured a discussion on the Design and Building Practitioners Act. The guest, strata lawyer David Bannerman, highlighted the need to engage a professional engineer for remedial work certification. This sparked the suggestion that Fair Trading should consider a threshold to exempt relatively straightforward repairs from requiring the services of an engineer.
However, upon reviewing the Design and Building Practitioners Act, I noted section 31(2)(a), which states that engineering work is not considered professional engineering work if it is performed solely in accordance with a document outlining the procedure or criteria for carrying out the work without requiring advanced scientific calculations.
This provision suggests that reputable organisations can provide documents detailing repair methods, eliminating the need for professional engineering involvement. For instance, there’s a document called “Guide to Concrete Repair and Protection” for concrete spalling repairs, approved by the Standards Australia Council. Similarly, for balcony waterproofing, there’s a standard known as “Waterproofing Standard – AS 3740:2021” that outlines the repair and application procedures.
In summary, if an approved engineering standard or document covers a specific repair, then engaging a professional engineer may be unnecessary. This approach can facilitate a more efficient repair process and potentially reduce costs for strata owners.
On the other hand, if a repair requires complex calculations or specific expertise, engaging a professional engineer is essential.