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Compliance requirements with the introduction of NCC 2019

May 19, 2019

With the introduction of National Construction Code (NCC) 2019 on 1 May 2019, a number members have raised concerns regarding when they need to apply the new provisions. 

Is it retrospective? Do I have to add or include new things to my current build?

How does it affect my current certificate of likely compliance?

What happens if I have already prepared my plans and about to lodge the documents with the building surveyor or relevant permit authority for approval before or just after 1 May?

The Building Act 2016 (Act) has a provision that enables building work under construction or has a current certificate of likely compliance or is just about to be issued or lodged to the building surveyor, not to have to comply with the new NCC requirements. 

Section 11 of the Act states that all work must comply with the Act and NCC. 

However, Section 11 (5) has a provision that states that the National Construction Code does not apply if:

the certificate of likely compliance for that work was issued before the provision of the National Construction Code was adopted by the State; or
the building surveyor, or relevant permit authority, engaged for the work certifies in writing that substantial progress had been made in the design of the work before the provision was adopted by the State; or
if the provision of the National Construction Code applies a standard, or requirement, by reference to a document that is subsequently amended – the building surveyor, or relevant permit authority, for the work certifies that substantial progress had been made in the design of the work before the document so applied was amended.

Therefore:

Are the changes retrospective? 

Do I have to add or include new construction requirements to my current build? 

NO the new changes in the NCC 2019 are not retrospective and you do not need to amend your current build.

How does it affect my current certificate of likely compliance? 

The changes do not affect the current certificate of compliance.

What happens if I have already prepared my plans and about to lodge the documents with the building surveyor or relevant permit authority for approval before or just after 1 May?

If you can demonstrate to the building surveyor that substantial progress was made in the design before the change came into operation the Building surveyor can certify that the new provisions don’t apply.

For further information, please call 1300 650 620 to speak to an HIA Technical Adviser.