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Compliance requirements with the introduction of NCC 2019

April 23, 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 building permit? What happens if I have already prepared my plans and about to lodge the documents with the municipal building surveyor or relevant building surveyor for approval before or just after 1 May?

The Building Act 1993 (Act) Section 10 has provisions that enable building work under construction or that has a current building permit or is just about to be issued or lodged to the building surveyor, not to have to comply with the New NCC 2019 which form part of the Building Regulations 2018.

Section 10 of the Act states:

  • A building regulation or an amendment to a building regulation, does not apply to the carrying out of any building work in accordance with a building permit existing immediately before the building regulation or amendment commences.
  • A building regulation, or an amendment to a building regulation, does not apply to the carrying out of building work if the relevant building surveyor is satisfied, and certifies in writing, that substantial progress was made on the design of the building before the building regulation or amendment commenced.

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 building permit?

The changes do not affect your current building permit as the building permit was issued prior to the changes being introduced.

What happens if I have already prepared my plans and about to lodge the documents with the relevant building surveyor before or just after1 May?

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

Note this would not apply to a ‘stock’ or ‘standard’ designs offered by volume builders, unless the ‘stock’ or ‘standard’ design relates to a particular allotment on which the building is proposed to be constructed and is evidenced by:

  • a contract having been signed to have the building of that design constructed on the allotment, or
  • by a deposit having been paid for the construction of a building of that design on the relevant allotment prior to the commencement of the regulation or amendment.

Further information on Section 10 requirements can be found on the VBA website