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 …
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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.
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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.
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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.
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
New criterion for ‘Physical Commencement’ could see rise in lapsing development consents
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. The aim is to ensure that there is sufficient intention to see a project through to completion, however it may have more far-reaching implications, potentially slowing the industry with a rise in lapsing development consents.
The new guidelines will only affect development consents granted from 15 May 2020 and onwards. Those issued before this date will remain unimpacted.
Out with the old
In 1999, the term “substantial commencement” was replaced by “physical commencement” in the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The intention was to relax the prerequisites that prevented a development consent from lapsing. At this time, the term was applied very broadly to include any “building, engineering or construction work relating to the building, subdivision or work”. In 2009, this section of the EPA Act was further clarified by the NSW Court of Appeal to “include all those activities associated with, and forming a necessary part of, the discipline of engineering”. Up until 15 May 2020, these included simple works like physical surveying and other geotechnical investigative tasks. Now however, it is much more difficult to obtain ‘physical commencement’.
In with the new
These new changes appear to be counterintuitive to recent amendments in the EPA Act that aim to alleviate time pressures and allow the land and development industries to move past the impact of COVID-19. Instead, developers and landowners now face several other hurdles to ‘physical commencement’. As of 15 May 2020, the following works that could be completed before a construction certificate was issued will no longer constitute ‘physical commencement’:
- Creating a bore hole for soil testing
- Removing water or soil for testing
- Carrying out survey work, including the placing of pegs or other survey equipment
- Acoustic testing
- Removing vegetation as an ancillary activity
- Marking the ground to indicate how land is to be developed
This amendment presents a more complex process to activating a development consent and may hinder or prevent some developments from even going ahead.
What now?
There is still some ambiguity around what is now classified as ‘physical commencement’ so it is best to seek legal advice or to consult your Certifier regarding the new minimum criterion for ‘physical commencement’. If you’ve found yourself affected by these changes, ES Design will be happy to walk you through available options to ensure your development consent does not lapse.
