Reference no: EM133169902

CPCCBS6003 Apply legal and ethical requirements to building surveying functions

Assessment 1 - Legal and Ethical Responsibilities

The purpose of this assessment is to identify and apply the scope of legal and ethical responsibilities that will be relevant to your work as a building surveyor.

Part 1: The law and individual authority
Review the learning manual and the procedures in your own workplace and provide details of the following:
• The principle legislation that applies to building regulation in your state.
• The relevant section (or sections) of the legislation that governs the appointment and powers of Building Surveyors in your state.
• Contact details of two professional organisations that are relevant to building surveyors.
• The levels of building surveyor accreditation that apply in your state. Note the title of the position and the extent of authority.
Part 2: Code of Conduct
Obtain a copy of the Code of Conduct (or relevant behaviour policies) that has been adopted by your organisation. Summarise the various responsibilities that you must follow in your building surveying activities and client communications.
Now look up the Australian Institute of Building Surveyors (AIBS) website. Read the Code of Ethics available from the ‘About Us' section of site. Compare the requirements with that of your workplace.
Part 3: Conflict of Interest
Provide four examples where you may be placed in a position of conflict of interest in your position as a building surveyor. Provide details of any legislation or Code of Conduct that apply to each case.
Part 4: Contractual obligations
Describe what steps you can/would take to ensure that any contractual requirements that you enter into with your client can be identified and confirmed as being consistent with legislative and regulatory requirements specified in building control and other relevant legislation.
Your response must include the following:
• Verification of builder and consultant: licence, insurance and registration for the building class and type.
• Duty of care (to the client and future owners)
• Professional liability insurance cover.

Assessment 2 - Research Project 1 - Residential building

This assessment task relates to the processing and inspection of a residential Class 1 building project. You may select a relevant project from your local area.
Consider the requirements that relate to this type of building and advise the following:
1. Provide a copy of a site plan or aerial photograph and include a brief description of the building project.
2. Identify the climate, geographic and planning zones that apply to the site. Describe how these zones may impact on the conduct and information requirements of your inspection.
3. Identify any codes, regulations and legislation applicable to the building project. Indicate the applicable sections of each and provide written evidence of how you will apply the principles of the Code of Conduct in your assessment and processing of the project.
4. Research and document the administrative procedures that you must follow to ensure completion of the project. Your response should include:
a) Timelines
b) Required documentation
c) Compliance requirements - how they are determined and assessed
d) Exemption requests - which exemptions may be available under the relevant legislation/regulations and the procedures for dealing with them
e) Administrative requirements - How problems in meeting administrative requirements are managed, including referral for external advice.
f) What record keeping processes must you undertake to ensure compliance and good management?
5. Identify State, Territory and Local Planning Authority constraints that apply to the project.
6. Describe three different examples of how you have (or would) handle complaints or disputes from different clients, using relevant dispute-handling procedures and according to the organisational or industry Code of Conduct.
7. Describe what communications will take place during the building surveying component of the project, between you and your client/applicant and other stakeholders, for each of the following components:
a) The need for proper and complete documentation
b) Compliance with legislation, regulations and the NCC
c) Availability and scope of dispute resolution processes.
8. Review an inspection that you have conducted in the past. Discuss the ethical and legal implications of conducting an on-site building inspection.
Your answer should include details of:
a) Your comments in relation to actual or potential ethical and legal issues, particularly in relation to the following matters.
b) Inspection details -date, location, names of participants, property identification
c) A brief summary of:
• inspection documentation
• Site discussions/interviews
• Observations made during the inspection
• What specialists were consulted to identify and assess the extent of non-compliance or risk to public health and safety?

Assessment 3 - Research Project 2 - Commercial building
This assessment task relates to the processing and inspection of a commercial type Class 2, 3, 4, 5 or 6 building project. You may select a relevant project from your local area.
Consider the requirements that relate to this type of building and advise the following:
1. Provide a copy of a site plan or aerial photograph and include a brief description of the building project.
2. Identify the climate, geographic and planning zones that apply to the site. Describe how these zones may impact on the conduct and information requirements of your inspection.
3. Identify any codes, regulations and legislation applicable to the building project. Note the applicable sections of each and provide written evidence of how you will apply the principles of the Code of Conduct in your assessment and processing of the project.
4. Research and document the administrative procedures that you must follow to ensure completion of the project. Your response should include:
a) Timelines
b) Required documentation
c) Compliance requirements - how they are determined and assessed
d) Exemption requests - which exemptions may be available under the relevant legislation/regulations and the procedures for dealing with them
e) Administrative requirements - How problems in meeting administrative requirements are managed, including referral for external advice.
f) What record keeping processes must you undertake to ensure compliance and good management?
5. Identify State, Territory and Local Planning Authority constraints that apply to the project.
6. Describe three different examples of how you have (or would) handle complaints or disputes from different clients, using relevant dispute-handling procedures and according to the organisational or industry Code of Conduct.
7. Describe what communications will take place during the building surveying component of the project, between you and your client/applicant and other stakeholders, for each of the following components:
a) The need for proper and complete documentation
b) Compliance with legislation, regulations and the NCC
c) Availability and scope of dispute resolution processes.
8. Describe how you will arrange and conduct site inspections in order to assess the extent of non- compliance and risk to public health and safety. Define who should conduct the inspections.

Assessment 4 - Research Project 3 - Industrial/institutional building

This assessment task relates to the processing and inspection of an industrial or institutional
Class 8 or 9 building project. You may select a relevant project from your local area.
Consider the requirements that relate to this type of building and advise the following:
1. Provide a copy of a site plan or aerial photograph and include a brief description of the building project.
2. Identify the climate, geographic and planning zones that apply to the site. Describe how these zones may impact on the conduct and information requirements of your inspection.
3. Identify any codes, regulations and legislation applicable to the building project. Note the applicable sections of each and provide written evidence of how you will apply the principles of the Code of Conduct in your assessment and processing of the project.
4. Research and document the administrative procedures that you must follow to ensure completion of the project. Your response should include:
a) Timelines
b) Required documentation
c) Compliance requirements - how they are determined and assessed
d) Exemption requests - which exemptions may be available under the relevant legislation/regulations and the procedures for dealing with them
e) Administrative requirements - How problems in meeting administrative requirements are managed, including referral for external advice.
f) What record keeping processes must you undertake to ensure compliance and good management?
5. Identify State, Territory and Local Planning Authority constraints that apply to the project.
6. Describe three different examples of how you have (or would) handle complaints or disputes from different clients, using relevant dispute-handling procedures and according to the organisational or industry Code of Conduct.
7. Discuss what communications will take place during the building surveying component of the project, between you and your client/applicant and other stakeholders, for each of the following components:
a) The need for proper and complete documentation
b) Compliance with legislation, regulations and the NCC
c) Availability and scope of dispute resolution processes.
8. Describe four strategies for ensuring that evidence obtained during a site inspection is recorded. Provided comments about how the extent of non-compliance and risk to public health and safety is determined and your observations are noted on site and documented.

Assessment 5 - Enforcement Procedures

This assessment task applies to all classes of building.

Part A - Complaints processing
Describe what processes are (or should be) in place to deal with advice or complaints regarding non-compliant or unsafe building works that are identified or received. Note the process by which complaints in relation to building and development may be lodged with your organisation. Discuss how effective this process is in practice and note any means that you consider would improve that process.

Part B - Compliance legislation
Identify the legislation (include the name of the legislation and the relevant section) that gives power to take enforcement action when properties or buildings are found to be non-compliant or posing a risk to public health and safety.
1. Describe the process for issuing of building orders and/or notices in your local area. (1 page)
2. Define what is meant by admissible evidence. Describe what steps that you can take to ensure that evidence that is collected by you is admissible in a court or arbitration hearing. (2 pages)
3. Describe the process for arbitration hearings and court proceedings relating to building disputes in your state. Under what circumstances are you able to represent a client at a hearing? (2 pages)

Part C - Statutory enforcement
Describe the statutory enforcement procedures that must be followed in your state to ensure that remedies to building works are completed within specified timeframes and to required standards of compliance.

Part D - Records
Describe the process in your organisation that is intended to ensure that accurate, detailed and current records and findings are used when dealing with clients or other stakeholders.

Attachment:- Building surveying functions.rar