GUIDELINES FOR LANDSCAPE DESIGNERS & LANDSCAPE GARDENERS

Transcription

1 Version 1.0 Release Date August 2015 GUIDELINES FOR LANDSCAPE DESIGNERS & LANDSCAPE GARDENERS Recommendations for Landscaping Victoria Members relating to registration, permits and restriction on use of terminology

2 Purpose The Recommendations for Landscaping Victoria Members relating to registration, permits and restrictions on use of terminology serves to provide Landscape Designer & Landscape Gardener members of Landscaping Victoria with regulatory boundaries within which they can work, in order to avoid working illegally and facing potential litigation. Assumptions The paper assumes basic knowledge of landscaping industry terminology and methodology. The paper further assumes that, in line with current legislation, the majority of Landscape Designer & Landscape Gardener members of Landscaping Victoria: DO hold a minimum qualification, no less than a Certificate III Registered Landscape Builders must hold a DB-U or DB-L registration status (for domestic works) or CB-U or CB-L (for commercial works) as issued by the Building Practitioners Board. NOTE: Registered Landscape Builder replaces all reference previously made in Landscaping Victoria material of Licensed Landscaper. Registered Building Practitioner (RBP) RBP refers to a person who holds a building registration as issued by the Building Practitioners Board and governed by the Victorian Building Authority (VBA). This may include: Domestic Builder Limited or DB-L, Domestic Builder Unlimited or DB-U Commercial Builder Limited or CB-L Commercial Builder Unlimited or CB-U DO NOT hold Registered Building Practitioner (RBP) status, (although many are completing this registration in order to upskill and/or avoid potential issues) Audience This paper has been written primarily to address issues faced by Landscape Designers. To a slightly lesser degree it is also relevant to Landscape Gardener members of Landscaping Victoria. All other member categories may be interested in the content. Definitions For the purposes of clearer member classification, Landscaping Victoria updated its member category definitions as at July : Landscape Designer Companies and sole traders who provide landscape consultations, designs, and drawings for the domestic, commercial and industrial sectors. Landscape Gardener Landscaping and Horticultural service providers who offer non-structural services such as soft landscaping and garden maintenance, i.e. work that does not require building permits or for the member to hold RBP status. Registered Landscape Builder Domestic, or Registered Landscape Builder Commercial Landscape business who offer structural landscaping to the domestic/ residential or commercial sectors.

3 Background Landscaping Victoria has over 50 Landscape Designer & Landscape Gardener members and estimates there are in excess of 1000 companies operating in Victoria that offer some form of landscape design services to domestic, commercial and institutional clients. Broadly speaking, Landscaping Victoria members predominantly work in the domestic area. Currently there are no formal standards / accreditation nor licensing / registration available to landscape designers or gardeners. Landscaping Victoria is keen to offer guidelines to all of its members to support them in their business practices. Landscape Designer & Gardener Qualifications Landscape Designers differ to Landscape Architects where there is no formal qualification requirement, or accreditation. Both Landscape Designers & Landscape Gardeners comprise horticultural and design qualified individuals. Some will have a background in landscape construction whilst others rely more heavily on horticultural experience. Formal qualifications vary from TAFE Certificates and Diplomas n Horticulture, Landscape Design and/ Landscape Construction through to University Graduate Diplomas and Degrees in those topics. There are a high number of Designers & Gardeners who run businesses as sole proprietors. Do Designers need to be Registered Building Practitioners? Designers & Gardeners are not legally required to be Registered Building Practitioners (RBP) but do have the option to complete this registration if they choose. There has been considerable conflicting information around what services Designers & Gardeners can and cannot offer if they DO NOT hold this registration. There are still some areas we do not have clear clarification on from questions we have put to the VBA. As a first draft of the document this will continue to be updated as conversations evolve. The following information is based on what we do know is allowable for Designers & Gardeners, and what Landscaping Victoria recommends you adhere to in your business operations, as headed under the topics of: Plans Permits Project Management Landscape Design Plans Plans prepared by Landscape Designers may carry different titles including Concept Plan and Master Plan. Some designers first issue a Concept Plan and then finesse those plans to form a Final Concept Plan. Others prepare an initial Concept Plan and then work up to a Master Plan. Regardless of the name of the plan that you choose to adopt, we recommend that all plans are marked with appropriate disclaimers - for example: Not for Construction Concept Only Refer to Engineers Drawings for Construction Detail Consult Engineers to Provide Construction Detail. This is because as a Landscape Designer you are NOT authorised to entitle plans Construction Drawings unless you also hold qualifications as: A draftsperson An engineer An architect The only exception to this is if you are a RBP and you also build from the plans yourself. You CANNOT, as a RBP provide plans for another person to build. Generally, Construction Drawings are submitted to Council for Permit Applications and as such must be completed by a practitioner with appropriate construction qualifications. The above applies to Landscape Gardeners if you are also carrying out design work in your business. Permits A Designer or Gardener cannot apply for a permit (unless that same person is a Registered Building Practitioner). However in the development of plans with a client, it is advisable to communicate to your client when a building permit is required. For example: A pergola structure (unroofed) that is no more than 3600mm high and not more than 20 square metres is exempt from a building permit NOTE this can vary by Council-please check for the municipality you are designing in Decks that are attached to a building irrespective of size or where that deck forms part of a swimming pool surround does require a permit. For more information look up the VBA website PDF document: When is a Building Permit Required Practice Note Issued May Keep up to date with revised laws by visiting the VBA website. A Registered Building Practitioner can apply for permits on behalf of a client.

4 Project management A Landscape Designer or Gardener should NEVER offer project management services. The use of the term, Project Management can be used only where that individual is suitably qualified to offer project management services, i.e. they are A Project Manager (by qualification) An Engineer, or An Architect It is possible for a Landscape Designer or Gardener to coordinate a project, however you should note that action has been brought against individuals for using the term Project Management and charging for these services where they are not registered to provide these services. A Landscape Designer or Gardener cannot (unless that person is also a Registered Building Practitioner) enter into a domestic building contract of more than $5000 in value and not provide a compliant Domestic Building Contract. The contract must be held between the client and the Practitioner. We strongly urge members to offer clients a transparent ad hoc or regular site visit service during the construction of the garden, and only when required. Who do you suggest to your Client to build the garden? We strongly advise our members to recommend to clients to use only Registered Building Practitioners who hold a DB-U or DB-L registration. Note that as of July Registered Landscape Builder members of Landscaping Victoria MUST hold DB-L in Structural Landscaping registration to qualify for membership in that category as an absolute minimum. You or your client can use two methods to find a landscape construction professional who is registered: 1. Via the Find a Practitioner portal on the VBA website which can be accessed to check on the registration status of any practitioner at 2. Via the Landscaping Victoria website (if that landscaper is a member of Landscaping Victoria) at Additional legislation Domestic Building Insurance As a Landscape Designer or Landscape Gardener it is helpful for you to understand the contractual obligations and arrangements between the client and the Registered Building Practitioner. If the project is larger than $16,000 and a Registered Landscape Builder is completing the works, by law, they should provide the client with Domestic Building Insurance. This insurance covers the client if, before work is complete, the practitioner: is deceased is declared insolvent disappears It covers costs up to $300,000 to fix structural defects for six years, and non-structural defects for two years, also under the above three triggers. Unregistered landscapers cannot offer Domestic Building Insurance. Domestic Contracts Act It is recommended to consumers to have a written contract for all building works, regardless of size and price. By law, Registered Building Practitioners must have a written major domestic building contract in place for works worth more than $5000. Are you insured? Insurance is extremely important in any business. All Landscape Designers & Landscape Gardeners should carry professional indemnity insurance. Generally indemnity of $1million coverage is the acceptable minimum. You could, for example, recommend a tree species to be planted that in years to come causes structural damage to a building. Unless specific pruning or canopy size is advised then a claim against you may be successful. If you are not insured then Landscaping Victoria suggests that you call our Industry Partner, Insurance House, for further information: Chantal Sutcliffe Chantal.Sutcliffe@ihgroup.com.au Landscape Designers & Landscape Gardeners should also consider establishing a company structure to further protect personal assets if a claim is brought against them.

5 Registration of Landscape Designers Landscaping Victoria has met with the Victorian Building Authority to explore the idea of specifically attaining registration for Landscape Designers. At this stage, registration of Landscape Designers is not a key priority for the VBA. Landscaping Victoria is committed to achieving this goal in time in order to provide structure and a valid framework for designers to operate within. Landscape Designer members will be notified of developments in the future as they arise. No discussions have been started with regard to the registration of Landscape Gardeners. Future Releases Please refer any feedback to Megan Flower General Manager, Landscaping Victoria P: E: megan@landscapingvictoria.com.au Updated releases will be distributed to Members as information and content is revised. Disclaimer The information contained in this document is for general information purposes and serves only as a recommendation to correct terminology. Landscaping Victoria Incorporated does not make any warranties about the completeness, reliability and accuracy of this information. Any works or actions you undertake utilising the information contained herein is strictly at your own risk. Landscaping Victoria is not liable for any losses and/or damages in connection with the use of this information.