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.
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.
A new Housing Diversity State Environmental Planning Policy (Housing Diversity SEPP) is likely to have an adverse effect on private developers.
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.
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 …
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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
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. The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) that will come into effect on 1 September 2020 will grant the Secretary of the NSW Department of Customer Service authority to oversee and enforce compliance in the building process before an Occupation Certificate is issued.
The legislation requires an Expected Completion Notice to be submitted by the developer in accordance with the construction period:
- For less than 6 months; at least 30 days prior to commencement of work.
- For more than 6 months; at least 6-12 months prior to application for Occupation Certificate.
Powers of the Secretary
Under the RAB Act, the NSW Department of Customer Service can:
- Order information and records from relevant persons, including persons suspected of having knowledge of important information;
- Enter a premises without a search warrant unless the premises is solely used for residential purposes; and
- Direct a developer to rectify or carry out building work that will prevent a “serious defect” within specified time and manner. A serious defect includes defects resulting from non-compliance to building legislation, use of prohibited building supplies, and defects that may prevent occupation or use of building for its intended purpose.
The Secretary can delay the issue of an Occupation Certificate through a prohibition order if any serious defects are not rectified or if sufficient notice for the application isn’t provided. Until lifted, this will stop residents from taking possession of their apartments.
What does this mean for Developers?
If developers are not stringent in their building processes, the RAB Act may heighten the barrier to obtaining an Occupation Certificate. To avoid delays in settlement, it is crucial for developers to ensure Expected Completion Notices are provided on time and that any resulting inspections and rectification orders are respectively prepared for or remedied accordingly.
For any Occupation Certificate applications that are made within 6 months from the commencement of the legislation (up until 1 March 2021), an Expected Completion Notice must be given to the Secretary by 14 September 2020.
