THE LOWDOWN ON NSW BUILDING REFORMS

PLANNING THE WORK

From July 1, 2021 in NSW, new rules for the design, delivery and certification of multi-residential and mixed-use buildings come into effect.

The NSW Government Design and Building Practitioners Act 2020 and associated regulations will significantly change the state’s construction industry. The changes impact several areas including the requirements for working as a registered building practitioner, the design development process and the reporting required to assure compliance.

The goal is to lift industry capability and restore confidence in the NSW construction sector. Initially, the new legislation will concentrate on class 2 buildings (multi-residential and mixed-use), to address the ongoing issue of serious building defects.

DESIGN MUST BE DETAILED PRIOR TO COMMENCEMENT OF WORK

Construction projects will not be allowed to begin on-site without the lodging of Declared Designs through the NSW Planning Portal by a qualified architect or professional engineer.

Declared Designs will need to be developed to an Issue for Construction stage, which adds more detail than a traditional certificate. Construction Certificates will continue to be used in establishing the proposed staging of developments where staged occupancy is expected.

Declared Designs need to include the elements most associated with risk in terms of defects or failure to achieve compliance.  

Contractors will now need to have a Construction Certificate and Declared Designs uploaded to the e-planning portal at least one day prior to on-site commencement.

HOW TO MANAGE VARIATIONS

While having a more detailed design before work begins should reduce variations, they may still be required. The new process for variations distinguishes between those that impact the identified critical elements and those that are less significant.

Variations relating to critical elements like structural, fire and electrical must be designed or overseen by an authorised Design Practitioner and then formally declared before being lodged within the planning portal, within one day of the variation.

GET UP TO SPEED ON STANDARDS

There will also be an increased focus on the applicable Australian standards. Builders cannot assume that subcontractors are familiar with the relevant standards for their work, nor can they rely on the building inspector to fill in the gaps. If a subcontractor does not know the specific standards that apply to their work, they will be issued with a Capability Improvement Card.

BUILDER REGISTRATION REQUIREMENTS

Another upcoming change is the introduction of specific occupational registration requirements a builder must have in order to be qualified to make the needed declarations. A registered Building Practitioner must meet the experience and knowledge requirements, as well as possess an endorsed contractor license, authorising the holder to perform general building work under the Home Building Act 1989.

Pre-registration learning requirements must be completed in addition to undergoing a National Police Check and holding the necessary insurances.