NSW Government’s Construct NSW strategy aims to restore consumer confidence by focusing on reform in 6 key areas of the building and construction industry. These include regulation, ratings, education, contracts, digital tools, and data and research. Led by the Office of the Building Commissioner (OBC), the changes will affect all building classes and stakeholders, including …
Continue reading “NSW Government ambitious plan to transform building industry”
In the wake of recent natural disasters and COVID-19, the NSW Government is committing to a plan that will see the revival of regional NSW.
A new approach to rezonings in NSW is here. Read more from es.au.
In working towards a net zero target by 2050, NSW Government has proposed an increase to BASIX standards for new residential buildings.
Following the Building Ministers’ Meeting (BMM) that took place on 30 April 2021, a consensus to include minimum accessibility provisions in the National Construction Code (NCC) 2022, was reached.
Following a recent Independent Commission Against Corruption (ICAC) Inquiry (Operation Dasha), the NSW planning department is exhibiting an Explanation of Intended Effect (EIE) that seeks to gather public feedback on new measures to improve the planning system.
The City of Parramatta Council has proposed a new Local Environmental Plan (LEP) to consolidate and replace the existing five planning controls that provide the legal guidelines for development and land use.
The Home Building Act 1989 regulates the residential building industry and certain specialist work in New South Wales. It addresses any residential works carried out by contractors and tradespersons, including construction of a new home and renovations or alterations to an existing home or structure.
The introduction of the (formerly) Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes.
For new developments that require local infrastructure and services, Council may collect a developer/local infrastructure contribution to help fund the provision.
While the new process for documenting Performance Solutions is not yet mandatory, practitioners are encouraged to exercise the steps outlined in A2.2(4) from now. The Australian Building Codes Board (ABCB) has put together a guide to assist in this transition.
In a bid to boost community confidence, the NSW Government has introduced a new legislation that aims to tackle ongoing issues with the building of residential apartments.
While many recent changes to legislation in the construction and land development industries have sought to improve the economic effects of COVID-19, a significant amendment to the Environmental Planning and Assessment Regulation 2000 (NSW) (EPA Reg) has seen the barrier to ‘physical commencement’ heightened.
Developers and landowners can breathe a sigh of relief as NSW Parliament introduces new amendments to the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) that aim to alleviate time pressures in the construction industry.
Since being introduced in 2004, the Building Sustainability Index (BASIX) requirements have set the ground rules for thermal comfort performance and water and energy usage within residential dwellings.
The NSW Government is seeking feedback on a new simplified Housing Code which sets out clear and simple planning rules for works that can be carried out under complying development.
NSW Fair Trading released a new guide to assist home owners and contractors if building work is in dispute.
The NSW Government has announced that the BASIX energy targets will be increased across the State in July 2017.
The General Housing Code is replaced with a new simplified Housing Code which sets out clear planning rules for complying development including one and two storey homes, renovations and extensions.
Experienced planning professionals will lead the panels, which will assess DAs that are sensitive in nature, or where there is a conflict of interest for council or developers.
In light of recent tragedies including Grenfell Tower in London and Lacrosse Building in Melbourne, the NSW Government will soon implement new laws for buildings with combustible cladding.
The NSW Government is making improvements to reinforce the building and certification system and up until 30th October 2018, you can have your say.
The National Construction Code (NCC) is an all-encompassing set of on-site construction requirements put together by the Council of Australian Governments (COAG).
The Low Rise Medium Density Housing Code has been deferred to allow for an independent review.
The Environmental Planning & Assessment Act 1979 is a legislation that provides the framework for the use of land in New South Wales.
The introduction of the new Low Rise Medium Density Housing Code in July 2018 aimed to provide more liveable and affordable housing arrangements for growing families and empty nesters within existing neighbourhoods and streetscapes. It has currently been implemented across 82 council areas in NSW and there are plans for the remaining 45 to adopt …
Continue reading “The Low Rise Medium Density Housing Code (MDHC) has been deferred again”
Canterbury LEP 2012 has just been amended (Amendment No 16). Clause 4.1C has been added to the LEP requiring minimum lot sizes and lot widths for Boarding Houses in its Residential Zones.
In line with NSW Government’s plan to deliver a final Design and Building Practitioners Bill 2019 by the end of the year, a draft will be open for public feedback until 16 October 2019. The Bill comes as a response to the April 2018 Building Confidence Report compiled by Professor Peter Shergold and Ms Bronwyn Weir. It …
Continue reading “Draft Design and Building Practitioners Bill 2019”
Currently, builders and tradies insured under the Home Building Compensation Fund (previously known as Home Owners Warranty) are subject to a capped amount of insurance they can purchase each year, restricting the number of projects that can be taken on.
A Review of Complying Development for Inland NSW’ sets out proposed changes to the State Environment Planning (Exempt and Complying Development Codes) 2008 will apply to all residential complying development for 83 local government areas west of the Great Dividing Range.
The Department of Planning and Environment (the Department) is examining opportunities to provide
greater housing choice and better design for medium density housing across NSW.
The department of planning has launched a suite of new online tools to help modernise the planning system in NSW and make it easier for people to access planning information.
The Australian Building Ministers’ Forum agreed in principle to make the 2015 National Construction Code (NCC) and future editions freely available online, significantly contributing to reducing the burden of building regulation.
Swimming pool owners have until the 29th of October 2013 to register their swimming pool, or a minimum fine of $220 (maximum $2,200) may be imposed.
A review of the NSW planning system has taken place. This has resulted in a new planning system for NSW.
The proposed changes to charge for BASIX Certificates put forward in November, 2010 to the Environmental Planning and Assessment Regulations 2000, will come into effect 1st July, 2011.
State Government in an aim to clear up grey areas and combat misuse of SEPP (Affordable Rental Housing) 2009 have enforced the following changes
A new Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) is likely to have an adverse effect on private developers. The amendments that have been proposed will be open for public feedback until 9 September 2020, after which they’ll be reviewed for possible implementation.
While the NSW Government insists the changes will ‘accelerate projects that support employment and economic development’ and help recover from the economic impact of COVID-19, a closer look at the SEPP indicates that it will more likely slow the build-to-rent and seniors housing sectors. Disappointingly, the changes that have been proposed appear to only ease planning rules and support new housing developed by the NSW Government’s Land and Housing Corporation.
There are 3 SEPPs up for repeal and replacement:
- The State Environmental Planning Policy (Affordable Rental Housing) 2009 (the Affordable Housing SEPP).
- The State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004 (Seniors Housing SEPP).
- The State Environmental Planning Policy No 70 — Affordable Housing (Revised Schemes) (SEPP 70).
At present, these SEPPs provide numerous planning incentives and provisions that protect private developers from being governed or penalised by certain local planning controls.
The new housing types to replace ‘boarding houses’
Under the proposed Housing Diversity SEPP, ‘boarding houses’ will be more narrowly defined and fragmented into four development types that threaten existing planning incentives for private developers.
- Boarding Houses
Commercial property developers may be denied the existing planning regime as ‘boarding houses’ will be subject to new rules around rent affordability and management. Only developments that are managed by a not-for-profit community housing provider will be regarded as a boarding house.
It is proposed that boarding house development types will not be a mandatory permitted use in R2 Low Density Residential zones, though will be permitted in the following zones:
- R1 General Residential
- R2 Low Density Residential (only in ‘accessible areas’)
- R3 Medium Density Residential
- R4 High Density Residential
- B1 Neighbourhood Centre
- B2 Local Centre
- B4 Mixed Use
The proposed development standards for boarding houses are:
- Minimum 3-month rent period
- Mandatory communal living
- 12-25m2 room size
- 0.5 parking spaces per room, or 0.2 for social housing providers
- Build-to-rent Housing
For commercial property developments with 50 or more self-contained dwellings and long-term private rent, affordability rules will not be imposed by the new Housing Diversity SEPP but rather encouraged by the State to be imposed by local councils. Historically, local councils have not shied away from rent controls, and if implemented, can mean that some developments may not be able to pay themselves off.
It is proposed that build-to-rent housing development types will be a mandatory permitted use in R4 High Density Residential, B3 Commercial Core, B4 Mixed Use and B8 Metropolitan Centre zones. The proposed development standards for build-to-rent housing are:
- Minimum 3-year rent period
- Communal living guidelines yet to be released
- Dwelling size guidelines yet to be released
- 0.5 parking spaces per dwelling
- Strata subdivisions to occur after 15 years
- Co-living
For commercial property developments with 10 or more private rooms and short-term private rent, affordability rules will not be imposed by neither the NSW Government nor local councils.
It is proposed that co-living development types will be a mandatory permitted use in R4 High Density Residential, B4 Mixed Use, and R3 Medium Density Residential (for some local councils) zones. The proposed development standards for co-living are:
- Minimum 3-month rent period
- Mandatory communal living
- 30-35m2 room size
- 0.5 parking spaces per room
- Student Housing
A development will only be considered student housing if it provides accommodation and communal facilities on a school or campus and is primarily occupied by the institution’s students during teaching periods. It may also incorporate self-contained dwellings. The proposed development standards for student housing are:
- No minimum rent period
- Mandatory communal living
- 10m2 room size
- No requirement for parking spaces
Proposed amendments to seniors housing
There are several amendments to the Seniors Housing SEPP that have been proposed under the new Housing Diversity SEPP:
- Update definitions of ‘height’, ‘people with a disability’ and ‘AS 2890’.
- Update Schedule 1 (Environmentally Sensitive Land) to better suit planning conditions.
- Amend provisions for ‘location and access to facilities’ so that point-to-point transport will not pass the accessibility requirement.
- Extend site compatibility certificate from 24 months to 5 years.
- Introduce rule of 20% maximum variation to development standards.
Who are the real winners
Under the proposed Housing Diversity SEPP, it appears that the majority of changes will negatively impact private developers while furthering the NSW Government’s ability to dominate dense housing developments and subdivisions. The NSW Land and Housing Corporation will benefit from regulatory advantages that make them exempt from the planning impacts that are likely to arise if the proposed amendments go ahead, including:
- Increased cost and risk of obtaining development consent
- Limited sites available for development
- Decreased yield from investment
Despite the described intentions, it is difficult to see how any of these changes will alleviate the economic impact of COVID-19 on the build-to-rent and seniors housing sectors. To have your feedback heard, you can make a submission to the NSW Government up until 9 September 2020. You can also read more about the new Housing Diversity SEPP here.
