The year is well underway already.  Pandemics and natural disasters have certainly not slowed the pace of reform being undertaken in NSW. There are a number of important changes regarding the Design and Building Practitioners Act and in Planning which will impact our members in this update. 

Firstly, a big thank you to the many members who provided input that contributed to our Design and Place SEPP submission. This has been a very large (currently ongoing) undertaking given the sheer volume of the work on exhibition and involved collaboration with many members, other member organisations and experts. Our final submission will be available for members to read in the coming weeks. To view the draft policy click here.

Positioning strategic planning at the heart of decisions about potential land use changes and streamlining the process was the aim of the Discussion Paper, A New Approach to Rezonings. To view the Discussion Paper click here.

To read our submission click here.

The New Guidelines for Division 5.1 Assessments has been released and will come into effect on 1 July 2022. It aims to assist public authorities, proponents and determining authorities to understand their obligations and provide detailed information on how to meet those obligations under Division 5.1 of the Environmental Planning and Assessment Act 1979. A new Division 5.1 Planning Portal Web Tool will support this work. To view the guidelines click here.

Amendments have been made to simplify the EP&A Regulation 2000. The EP&A Regulation 2021 was made on 17 December 2021, and commenced 1 March 2022. The new regulation can be viewed here.

An update has been made to the Heritage Floor Space Scheme. See the details here.

The Regional Housing Taskforce has released its recommendations. The NSW Government will soon release its response to the Taskforce recommendations. Read the recommendations here.

In effect from 11 February, a new COVID-19 Construction Works Order is in place temporarily. The Order permits construction and demolition work to be carried out on Saturdays from 8am to 5pm, with quiet works permitted on Sunday from 9am to 5pm. The new Order is temporary and will end on 31 March 2022, unless revoked earlier by the Minister. See the Order here.

 

Design and Building Practitioners Act and Regulation

Registration pathways

The negotiated expanded criteria for both the additional experience pathway and the medium rise conditional class are now in place. See the final eligibility requirements here.

Find the amended regulation here.

We have been advised by the Fair Trading policy team that the low rise conditional class pathway will not be available until July 2022.

**Please note:

*Deemed Registration is now finished. While awaiting processing of your registration you must not engage in the work of a Design Practitioner – architectural. Currently the timeframe for assessment of new registrations is up to 30 days.

*When applying for registration you do not also need to apply under the Building Design category in either low or medium rise as these are included in the Architectural Class.

Single apartments within a Class 2 building

Many members have expressed there is a lack of clarity around the requirements relating to a single apartment within a Class 2 building which is undergoing renovation impacting on a building element such as structure. Please find below clarification of this issue by the Fair Trading policy team:

The Design and Building Practitioners Act 2020 (DBP Act) requires registered design practitioners to prepare and make declarations for designs if they are regulated design. A “regulated design” is a design for a building element or performance solution for a class 2 building or a building with a class 2 part. A building element includes the following:

• fire safety systems, including passive fire
• waterproofing
• building structure
• building enclosure
• building services required to achieve compliance with the Building Code of Australia.

Building elements are considered important as they are likely to have a greater impact on the safety and quality of construction in a building. Where building work on a building element is carried out on one part of a building, it could impact other parts of the building. 

Many fit outs or renovations to sole-occupancy units will not require regulated designs if they do not involve performance solutions or building elements. There are also exemptions to building work under clause 13 of the Regulation that mean the work is not subject to the DBP Act. 

If the building work is subject to an exemption or does not involve a building element or performance solution, regulated designs are not required for the work and does not require practitioners who are registered under the scheme to carry out the design or building work. For example, work conducted for the fit-out of part of the building that is a class 5 or 6 building part, or will be a class 5 or 6 as a result of a change of building work connected with the work. The work must be subject to a development consent that primarily relates to the fit-out.

The exemption does not apply to structural work for a fit-out, which will continue to be subject to the reforms. There is also an exemption relating to waterproofing if it is exempt work and relates to a single unit.  Therefore, a fit out may not require regulated designs if it involves, for example, partition walls that are not load bearing, floor coverings unrelated to waterproofing or lighting that is not emergency lighting and loose/fixed furniture.

Where work involves building elements, such as structural work or fire safety systems, a registered design practitioner who is authorised to prepare such a design will need to prepare this aspect of the design and make the declaration. Architects who are ineligible for registration under the DBP Act and have projects requiring building elements or performance solutions may need to commission or work with registered practitioners to prepare and declare those designs and carry out that part of the work, for example, structural engineers.

To further clarify: Should the work on a single apartment in a Class 2 building (or building with a Class 2 part) involve a building element which requires preparation of a regulated design, an architect who is ineligible to register as a Design Practitioner – architectural may rely on a Design Practitioner such as a structural engineer to declare that part. For example: should a load bearing wall need to be moved, a structural engineer may prepare the regulated design for this part of the work and refer to the architect’s documentation on the Compliance Declaration Form. There is no need for a Design Practitioner – Architectural to be involved.

This enables currently ineligible architects to gain experience in Class 2 building which counts towards their required experience for eligibility as a Design Practitioner – architectural.

The Compliance Declaration Toolkit remains available to assist practitioners in the D&BP Act process of declaration. Find it here.

Our dedicated NSW Building Reforms webpage can be found here.

For further support on the NSW Building Reforms, please contact us on the email below.

Policy and Advocacy NSW

lisa.king@architecture.com.au