The mere fact that an Australian Standard exists does not mean that there is a legal requirement to use it. The issue of which standards are required to be followed and their relationship with the NCC is more complex than it may seem.

We explain how and when standards become part of the regulations you need to follow in the HIA resource library. 

It is common that residential building work will require both a planning approval and a building approval. 

Typically planning approval, issued by a local council, is the first approval needed. Planning approval commonly deals with issues relating to the location and design of a development (such as a house) and considers any potential impacts on neighbours.

A Building Approval deals with the technical elements of how the development will be constructed and checks that it complies with the National Construction Code. It may be given by a local council or a private building surveyor (depending on the state).

Currently all States and Territories require planning approval for a second dwelling on a single block of land. This is often called a dual occupancy development, but other names are used depending on the size and type of home being proposed.

The National Construction Code (NCC) contains requirements for stairs: 

• Maximum and minimum number of treads
• Allowable height and length of treads and risers
• Maximum and minimum slope (angles)
• Slip resistance requirements
• Handrails and balustrades including wire balustrades.

We offer a complete breakdown that explains the stair and balustrade requirements in our resource library. 

A planning approval and a building approval often have conditions covering a range of fees and charges that need to be paid either before work starts or when work is completed. For example, conditions may require a payment (often referred to as a bond) to protect Council assets, such as street trees, kerb and channel, street furniture, etc.  If at the end of the development the asset is not affected or reinstated to council’s satisfaction, the bond will be refunded in full or in part.

Another example is where the development requires additional parking for workers during construction. Council may request a parking fee to allow workers to park adjacent or nearby to the construction site.

When applying for planning approval council will generally require information such as a full set of professionally drafted design drawings and potentially other supporting information such as a town planning report and an arborist (tree) report.

The design drawings are required to show the whole building and provide details such as external wall heights against natural ground level, location and size of windows, shadow diagrams, car parking and vehicle movement diagrams and landscape plans, particularly in cases where existing mature vegetation exists. Application requirements vary slightly from state to state and it is always important to check early with the council.

Each State and Territory has different but similar options for when council refuses a planning approval.

Some states offer a mediation option while others are court proceedings. Planning disputes are generally managed by a state government agency and not the council that made the decision.

The process for applying to have a decision reviewed is reliant on strict time frames and processes. Most dispute resolution agencies rely on an adjudicator rather than a judge to make a decision. This commonly allows a person to represent themselves however generally the expertise of a town planner or lawyer is required.

HIA has produced a number of resources to help you know what the rules are for working in and around asbestos and on how and who can remove it and dispose of it. 

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The time it takes a local council to assess a planning application varies in each state. Generally it is around two months or 60 days. 

If council needs to get more information to help make a decision, they can ‘stop-the-clock’ which means the 60 days may be longer.

Some states have fast-track provisions depending on the type of development and the rules for that project. The best way for you to reduce the amount of time a council takes to make a decision is to ensure the application is complete when submitted - that is the application contains all the required information presented clearly, concisely and accurately and the fees paid.

There's no excuse for not understanding the rules and correct ways to safely remove and dispose of asbestos from residential work sites and homes. Make sure you know the latest safety rules and regulations for handling and removing asbestos.

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Building near existing large or soon-to-be-large trees can create problems during construction and, more importantly for slab-on-ground houses, can cause problems over the life of the home.

Our building near trees resource helps understand what can be done up front to help minimise the danger from tree roots next to a house.