Another month; another set of variations to the Development Regulations 2008. The Development (Upgrading Underutilised Buildings) Variation Regulations 2017 — what you need to know.

26 September 2017

The Development Regulations 2008 have now been varied every month since May 2017.

The latest variations are of relevance to building rules assessments for upgrades to existing buildings and the operations of Building Fire Safety Committees.

The new Regulations give effect to a Minister’s Specification – “SA Upgrading health and safety in existing buildings” which contains new:

• structural safety performance standards for existing Class 2 to 9 buildings, which a building may be required to satisfy when –

(a)         it is undergoing alterations and it was constructed before 1 January 2002; and/or

(b)        it is undergoing a change of building classification;

• fire safety performance standards for existing Class 2 to 9 buildings, which a building may be required to satisfy when –

(a)        it is undergoing alterations and it was constructed before 1 January 2002; or

(b)        it is undergoing a change of building classification; or

(c)        the fire safety of the building is not considered adequate;

• health and amenity performance standards for existing Class 2 to 9 buildings, which a building may be required to satisfy when –

(a)       it is undergoing alterations and it was constructed before 1 January 2002; and/or

(b)       it is undergoing a change of building classification.

The effect of the new Regulations is that:

1.          Where, pursuant to section 53A of the Development Act 1993, an application for building rules consent relates to the alteration of a building constructed before 1 January 2002, and the relevant authority forms the opinion that the building is unsafe, structurally unsound or in an unhealthy condition, the relevant authority may require that the building work comply with the new Minister’s Specification (see new regulation 80(1a));

2.         pursuant to section 71 of the Act, the fire safety of any existing class 2 to 9 building will be taken to be adequate if it complies with Part 3 of the Minister’s Specification (see new regulation 80ABA(2a));

3.         any action taken by a Building Fire Safety Committee under section 71 of the Act should seek to achieve compliance with Part 3 of the Minister’s Specification (rather than the National Construction Code – see the amended regulation 80ABA(16));

4.         where an application for a change of classification is made for an existing class 2 to 9 building, the council may require the applicant to satisfy it that the Minister’s Specification has been complied with (see new regulation 82(4a)).

The Regulations apply to all development applications and Building Fire Safety Committee activities on and after 19 September 2017.

If you have any questions or would like more information, please call Victoria Shute on 8113 7104.