Archive for the ‘Legislation’ Category

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Do external landscape stairs have to comply with the BCA? Do you need a building permit?

Saturday, February 26th, 2011

Image courtesy of renovatemyspace.com

David Swinson, BDC’s Director, was recently doing a presentation to some architects from Thomson Adsett Architects with Joe Zita from Approval Systems. David was talking about the changes in the BCA 2011 to stairs (Late breaking  news they may not be introduced until 2012 now!?!) and the question was raised about external stairs and compliance with the Building Code of Australia (BCA).

The starting point for this discussion is that the Building Act 1993 (the Act)  in Victoria does not cover works that are not building works. So practically works outside the building are not building works and therefore not covered by the Act. This means that steps in the landscape works are not covered by the Building Regulations or the BCA!

One of the questions during the presentation was a classic “what if scenario”! The hypothetical was – steps to the front of a building which were outside the building i.e. not under any roof  line, canopy or the like. Our Answer -

If they were the only way to get into the building and were part of the discharge from an exit to the path of travel to a public road would you not design them to the BCA? I don’t think so? If they were considered to be part of the path of travel from an exit to a public road the Occupancy Permit for the building could well list the installation standard as Part D2 of the BCA! This would mean they would have to comply with the BCA.

What about Occupational Health and Safety? (more…)

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Posted in Building Regulations, Legislation, OH&S | No Comments »

For a building permit what is the difference between “suitable to occupy” and compliance?

Saturday, February 26th, 2011

Does the pine tree on top mean it's finished? (Image courtesy of Image Shack)

FSC have recently been working on a state government project where we found some research that indicated that consumers for building work may not understand the difference between “suitable to occupy” and compliance. There is an important difference.

One of the problems is that “suitability to occupy” is not defined. So a building surveyor might not be able to tell you what it means either, but they will still be merrily issuing Occupancy Permits. The Building Commission in Victoria has issued a practice note to assist building surveyors to evaluate when they can issue an Occupancy Permit (or a Certificate of Final Inspection).

Practice Note 2006-24 says  that Occupancy needs to be evaluated with regard to one of the key objectives under the Building Act 1993:
“to protect the safety and health of people who use those buildings and to enhance the amenity of buildings”.
The Practice Note says “Any required item that can affect people’s safety and habitability must be in place and fully operational.” There is a list of these provided below for houses. Here is a key distinction:
“An occupancy permit is not evidence that the building complies with the provisions of the Act and Building Regulations 2006.”

It’s this fundamental distinction that brings us back to our topic. A building may be habitable without the works being fully compliant or complete. You can legally move into a home with an Occupancy Permit without the works being complete. A further distinction needs to be drawn now between what compliant and complete means when:
  • under the Building Act 1993 (the Act) and Building Regulations 2006 (the Regulations); and
  • under the Domestic Building Contracts Act 1995 (DBCA).

The Act is about minimum standards for compliance, whereas the DBCA regulates the rights and responsibilities consumers (usually owners of land) and builders under a contract for those works. Under the Act to be compliant and complete and for a building surveyor to approve the final inspection, the works must comply with the Act, the Regulations and the referenced Australian Standards. Under the DBCA for the contract to be complete the works must be in accordance with the drawings and specifications for the contract and an Occupancy Permit (or Certificate of Final Inspection) must be issued.

Here’s the list of items for a home to be considered suitable to occupy:

(more…)

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Posted in Building Act 1993, Building Regulations, Domestic Building Contracts Act, Legislation | No Comments »

How to get a yes from Council for planning!

Tuesday, February 22nd, 2011

Image courtesy of DCF design

One of our prospective clients Sharon Comber from DCF design recently forwarded us a brochure they have developed on this issue. Darren, the Director of DCF Design, tells us that

“As many as 30% of town planning applications across Victoria do not get approved at council stage. This means that many applications are being rejected or required to go through a potential lengthy and expensive VCAT process.”

According to Darren, DCF’s director, the key to getting a “yes” from Council for your planning application is:

  • “Have a well considered application strategy
  • Have all stakeholders work in a collaborative partnership
  • Know the needs of the council and the neighbourhood
  • Get council involved early in a collaborative nature”.

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Posted in Legislation, Town Planning | No Comments »

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