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{{propApi.successMessage}} {{region}} Change locationHIA calls for urgent reform of Tasmania’s Protection Work framework
HIA calls for urgent reform of Tasmania’s Protection Work framework
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HIA has escalated its advocacy on long-standing issues relating to Protection Work, writing to both the Deputy Premier and the Executive Director of Consumer, Building and Occupational Services (CBOS) to urge urgent action on behalf of industry.
HIA Executive Director Tasmania, Benjamin Price, said "targeted amendments are necessary and overdue. It is important they are prioritised to ensure the residential building industry can deliver the homes Tasmanians need without unnecessary regulatory burden."
What is Protection Work?
Protection Work refers to measures undertaken during building work to protect neighbouring properties, infrastructure and the public from potential damage or injury caused by construction. Protection Work-specific insurance requirements also apply.
Why the current framework is failing
Despite the importance of Protection Work, HIA affirms that the current framework creates uncertainty about when Protection Work is required and who formally determines its application.
As noted by Mr Price, "the Building Act does not expressly assign responsibility to a qualified decision-maker to determine when Protection Work is required."
“This leads to delay, confusion and, at the end of the day, potential risks for members and their clients.”
Combined with the lack of clear criteria in the Act, Regulations and supporting materials, this often leaves owners responsible for making complex technical assessments they may not be qualified to make. The result is uncertainty, project delays and ongoing back-and-forth between owners and builders, with building surveyors only required to make a formal determination when a dispute arises.
HIA is also concerned about the practical operation of current Protection Work insurance requirements, noting there are limited insurance products available in Tasmania that align with the requirements in the Act. The situation is further complicated by inconsistencies between the requirements in the Act and existing guidance, creating uncertainty about how owners and builders can meet the insurance obligations in practice.
"Overall, this results in a legal requirements that are impractical to meet."
Building a framework that works
HIA is advocating for reform that improves certainty and reduces unnecessary regulatory burden for both industry and consumers, including:
- clear criteria identifying when Protection Work is required;
- building surveyors to become the primary technical decision-makers;
- better alignment between insurance requirements and available insurance products; and
- Improved guidance, education and engagement from CBOS, with HIA ready to support the development and delivery of practical resources, training and awareness initiatives for industry and consumers.
Mr Price said, "these changes would strengthen protections for consumers, reduce unnecessary delays and financial risk, and support a more efficient building approvals system across Tasmania."
HIA will continue working with Government to progress these reforms and improve regulatory certainty for members across Tasmania.
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