Changes during construction are quite common. A client changes their mind. A window needs to move. A material is substituted. A site condition requires the design to be adjusted.
But once a building permit has been issued, the question becomes more than simply whether the builder and client agree to the change.
You also need to consider whether the approved building permit documentation needs to change.
NOT EVERY CHANGE IS TREATED THE SAME WAY
The size and nature of the change will usually determine what needs to happen next.
Current guidance from Victoria’s Building and Plumbing Commission confirms that a Relevant Building Surveyor may amend an existing building permit for matters such as clerical errors, accidental omissions and minor design changes. Examples given include relocating, adding or removing doors or windows.
Changes to fittings or finishes will not usually require a building permit amendment.
At the other end of the scale, a substantial change that fundamentally alters the nature of the approved work may require a new building permit rather than an amendment to the existing one. The BPC gives the example of adding an additional storey.
The important point is that there isn’t one rule for every variation.
A CONSTRUCTION VARIATION AND A PERMIT AMENDMENT ARE NOT THE SAME THING
This is an important distinction for project teams.
A variation agreed between a builder and owner deals with the contractual change to the works.
A building permit amendment deals with whether the approved building documentation also needs to be updated.
You can therefore have a change that has been agreed commercially but still needs to be considered from a building approval perspective.
Before the changed work proceeds, it is worth confirming whether the proposed variation affects the building permit and approved documentation.
WHAT KINDS OF CHANGES SHOULD RAISE THE QUESTION?
Some changes are obviously significant. Others may appear relatively minor but can have a flow-on effect on compliance.
For example:
- Moving or changing the size of windows or doors
- Altering setbacks or the location of part of the building
- Changing wall, roof or floor construction
- Altering structural elements
- Changing the size or layout of the building
- Adding building work that was not included in the original permit
- Changes that affect energy efficiency requirements
- Changes to fire safety or weatherproofing details
- Alterations that differ from endorsed planning drawings
The question isn’t simply, “Is this a big change?”. It’s whether the change affects something that formed part of the approved building permit or the basis on which that permit was issued.
PLANNING APPROVAL MAY ALSO NEED TO BE CONSIDERED
Where a planning permit applies to the project, changes to the building design may also need to be checked against the endorsed planning documents.
The BPC’s guidance on building permit amendments specifically identifies planning permits as something a building surveyor needs to consider when assessing an amendment.
This can become particularly important when a seemingly straightforward construction change affects items such as building height, setbacks, windows, overlooking or the external appearance of the development.
Updating the building permit documentation does not automatically resolve a separate planning issue.
OTHER APPROVALS CAN BE AFFECTED TOO
A proposed change can also have consequences beyond the drawings themselves.
Depending on the project, the Relevant Building Surveyor may need to consider whether the amendment affects matters such as:
- Report and Consent approvals
- Protection work requirements
- Structural engineering
- Energy assessments
- Bushfire requirements
- Other consultant documentation
The BPC’s practice guidance specifically identifies planning permits, protection of adjoining property and the public, and Report and Consent as matters that may need to be reconsidered when a building permit is amended.
This is why coordination is so important.
Changing one element of the design can affect documentation prepared by several different consultants.
DON'T LET THE SITE GET AHEAD OF THE DOCUMENTATION
One of the easiest ways for problems to arise is for a change to be made on site first and documented later.
The builder may understand what has changed. The designer may have agreed to it. The owner may be happy with the outcome.
But if the approved building documentation still shows something different, that discrepancy can surface during a mandatory inspection or when the project is being finalised.
It is much easier to resolve the approval pathway before the changed work is carried out.
A SIMPLE PROCESS FOR MANAGING CHANGES
When a change is proposed after the permit has been issued:
- Identify exactly what is changing.
Be clear about how the proposed work differs from the approved drawings.
2. Check the other project documentation.
Consider whether planning, engineering, energy, siting or other consultant information is affected.
3. Speak with the Relevant Building Surveyor.
Confirm whether the change can proceed under the existing permit, requires an amendment or is significant enough to require another approval pathway.
4. Update and coordinate the documents.
Make sure affected drawings, specifications and consultant documents all reflect the same outcome.
5. Obtain the necessary approval before proceeding with the changed work.
This keeps the documentation aligned with what is actually being built.
GOOD CHANGE MANAGEMENT SAVES PROBLEMS LATER
Changes during a build are not unusual.
The problem is rarely the fact that something changed. It’s when the approval and documentation process doesn’t keep up with the change.
Builders, designers and owners can avoid a lot of unnecessary back-and-forth by raising variations early and making sure the Relevant Building Surveyor has the information needed to determine the appropriate pathway.
A small conversation before the work changes on site can be much easier than trying to resolve inconsistent documentation at the end of the project.
Need advice on a proposed change to approved building work?
Deemed To Perform can review the documentation, help identify the building compliance implications and provide practical guidance on the next steps.
