Planning Ombudsman wants centralised construction enforcement

A one-stop-shop that will include enforcement officers knowledgeable in all aspects of building regulations and site safety is one proposal put forward by the planning commissioner.

The Environment and Planning Commissioner within the Ombudsman’s office was reacting to the draft amendments put forward by the government to enhance regulations in the wake of three cases where buildings adjacent to construction sites collapsed.

The one-stop-shop should provide a centralised point for citizens to lodge their complaints but it should also bring together the various enforcement agencies.

“If someone lodges a complaint about someone who is sanding the façade of an old house without wearing the proper harness, we should not have to send an enforcement officer from the Building Regulations Office, another one from the Health and Safety Authority, another from the heritage authorities… the one-stop-shop should be able to notify one enforcement officer in the locality to check on all irregularities, leaving more manpower available to check other sites,” the Ombudsman said.

The central office will also act as a repository for relevant documentation such as building commencement notices.

On the existing legal requirement for developers to maintain a minimum distance of 76cm from party walls, the Ombudsman said there should only be three clearly defined exceptions.

He added that any private agreement in which the owner of a party wall accepts that excavations can occur within the 76cm distance should be null and void.

The draft regulations are proposing that any major decision taken on a building site should require the presence of the architect and site manager.

The Ombudsman is insisting that any such decision should be communicated to the central office in writing within 12 hours of it being taken.

If neighbours notice serious cracks in their buildings, they must engage an architect to prepare a detailed report that will be passed on to the site manager and the one-stop-shop.

The Ombudsman is calling for stiff fines against developers who continue with works despite having a stop order against them.

Government published the draft new rules on Monday and the consultation process is open until Friday.