CPCCBS6003
Apply legal and ethical requirements to building surveying functions


Application

This unit of competency specifies the outcomes required to access, interpret and apply building control legislation, as well as industry and organisational codes of practice, to building surveying activities and communications. The unit supports identifying and applying the requirements of particular geographic and climatic areas, local planning schemes and codes. It also involves carrying out the building surveying function with consideration for the legal and ethical responsibilities of the role.

The unit supports the work of municipal and private building surveyors who operate in a highly regulated environment.

Licensing, legislative, regulatory or certification requirements apply to this unit in some States. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.


Elements and Performance Criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify and apply scope of legal and ethical responsibilities.

1.1.

Organisational code of conduct is accessed and individual responsibilities are clarified and followed when engaging in building surveying activities and client communications.

1.2.

Potential conflicts of interest are identified prior to undertaking building surveying projects, and checked against legislative and regulatory requirements, and industry and organisational codes of practice.

1.3.

Contractual requirements entered into with clients are identified and confirmed as consistent with legislative and regulatory requirements specified in building control and other relevant legislation.

1.4.

Individual authority to undertake building surveying activities is researched and confirmed, and appropriate licence to operate is obtained and maintained.

2.

Review and undertake building surveying activities in line with relevant legislation, codes and standards.

2.1.

State or territory building control legislation and regulations for activities being undertaken are researched, confirmed and applied.

2.2.

Requirements of the National Construction Code (NCC) and Australian standards referenced by the NCC for the activities being undertaken are confirmed and applied.

2.3.

State or territory and local authority planning constraints are researched, confirmed and applied to activities.

2.4.

Legal and ethical standards are applied during building surveying activities, including in client and stakeholder communications.

3.

Comply with administrative procedures of relevant authorities.

3.1.

Timelines, documentation and compliance requirements of relevant authorities are researched and followed according to nature of building surveying task being undertaken.

3.2.

Exemption requests are submitted according to relevant legislative and regulatory procedures.

3.3.

Problems, or potential for problems, in meeting administrative requirements of relevant authorities are managed and where necessary referred elsewhere for advice.

3.4.

Record-keeping processes are implemented and maintained according to legislative and regulatory requirements.

4.

Communicate building surveying legal requirements to clients or applicants.

4.1.

Need for compliant documentation and adherence to legislative and regulatory procedures is explained to clients or applicants.

4.2.

Availability and scope of internal and external dispute resolution processes are communicated to clients or applicants.

4.3.

Client or applicant disputes or complaints are managed professionally and ethically to completion according to workplace procedures.

5.

Carry out enforcement procedures.

5.1.

Advice or complaints regarding non-compliant or unsafe building works are received and processed according to workplace standards.

5.2.

Site inspections of properties and buildings are arranged and conducted to assess extent of non-compliance and risk to public health and safety, and observations are noted on site and documented in detail.

5.3.

Consultation with specialist consultants is undertaken where necessary to identify and assess the extent of non-compliance or risk to public health and safety.

5.4.

Building orders or notices are issued to relevant parties in the event of properties or buildings being found to be non-compliant or posing a risk to public health and safety.

5.5.

Statutory enforcement procedures are followed to ensure required remedies to building works are completed within specified timeframes and to required standards of compliance.

5.6.

Accurate, detailed and current records and findings are used when representing clients or other stakeholders.

Foundation Skills

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria.

Skill

Performance feature

Learning skills to:

independently access and interpret a range of complex technical information relating to building compliance requirements, including planning schemes and codes for different states and territories and local authorities

maintain current knowledge of legal requirements applicable to the building surveying role through, for example, email alerts, conferences or subscriptions to relevant journals.

Numeracy skills to:

identify, interpret and apply timelines specified in legal documents and associated administrative procedures.

Oral communication skills to:

determine client requirements through open-ended questioning, active listening, paraphrasing and summarising

provide clear explanations to clients of legal requirements in different situations, using appropriate construction industry vocabulary

understand and use vocabulary used in building control legislation and regulations.

Reading skills to:

understand sometimes complex vocabulary used in building control legislation and regulations

synthesise relevant compliance requirements, information and procedures from several sources

use different reading approaches to locate compliance requirements in a range of resources, including the National Construction Code (NCC)

monitor own understanding of texts and apply a range of strategies to ensure correct interpretation of compliance requirements, including re-reading or obtaining clarification from another source.

Writing skills to:

use specialised construction industry vocabulary in written communications with clients and specialist personnel

take legible notes describing observations of buildings during on-site visits.


Range Statement

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Legislative and regulatory requirements must include:

checking and verifying that building contractor holds appropriate licence, insurances and registration for the building class and type

exercising a duty of care to client and subsequent building owners

holding and maintaining current and sufficient professional liability insurance cover.

Noted on site must include:

details of inspection conducted, including:

date, location and time

names of those who conducted and participated in the inspection, including other specialist experts or consultants

property identification details

documents sighted or provided at the inspection

interviews or discussions held on site

observations made during inspection.


Sectors

Construction


Competency Field

Building surveying