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Gazettal of new complying development provisions On 23 January 2009, the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009 and the proclamation of certain sections of the Environmental Planning and Assessment Amendment Act 2008 were gazetted. The changes commenced on 27 February 2009. The Department of Planning has released two circulars to explain these changes:
The Circulars can be found at http://www.planning.nsw.gov.au/planningsystem/practicenotes.asp. Housing code: Notice of issue - complying development certificate From 27 February 2009, in accordance with the new complying development provisions outlined in the Circulars above, an accredited certifier or council is required to give written notice of a determination to issue a complying development certificate. This notice is to be given to the owner or occupier of any land within 40 metres of any boundary of the land to which the certificate relates within two days after the date of determination. This notice is to be in the form approved by the Director-General and is available on the Housing Code website at http://www.planning.nsw.gov.au/planning_reforms/housing_code_info.asp Gazettal of new inspection and enforcement provisions A number of provisions of the Environment Planning and Assessment Amendment Act 2008 were proclaimed on 6 February 2009, along with the gazettal of two new Regulations, the Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 and the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009. The Department of Planning has prepared two Circulars: PS 09-002 Commencement of provisions - new inspection requirements and PS 09-003 Commencement of provisions - enforcement matters, issued 16 February 2009, which outline the provisions that commenced on 2 March 2009. The Circulars can be found at http://www.planning.nsw.gov.au/planningsystem/practicenotes.asp. The changes relate to certification matters, including the introduction of new mandatory critical stage inspections and new inspections prior to the issue of certain certificates; authorising certain persons to carry out these inspections and requiring certain records to be made of these new inspections. The Department of Lands recently released a Circular outlining changes to requirements for issue of strata certificates, as part of these reforms. The Circular can be found at http://www.lands.nsw.gov.au/_media/lands/pdf/lpi_circulars/2009/2009-02_Changes_to_requirements_for_issue_of_strata_certificates.pdf Other changes relate to enforcement matters, including providing for the issue of new penalty notices, introducing a stop work order and prescribing conditions of development consents and complying development certificates in relation to proposed development involving certain excavation that affects adjoining premises. Draft proposals relating to the Building Code of Australia The Department of Planning has released a Circular, BS 09-001 Draft Proposals relating to the BCA - invitation to comment. The purpose of the Circular is to give notice of opportunities to comment on matters relating to the Building Code of Australia (BCA). The Circular can be found at http://www.planning.nsw.gov.au/planningsystem/pdf/bs09_001_bca_related_proposals_invitation_to_comment.pdf CPD course for accredited certifiers closed All accredited certifiers should now have completed the CPD course, Accredited certifiers: Legislative Requirements 2008. If you did not submit your completed worksheets on or before 6 February 2009, you need to contact the Board immediately on 02 9895 5950. The worksheets are currently being marked. Those whose renewal of accreditation is due in January or February 2009 will be notified of their results as soon as possible. Recent survey of council building certification staff The Board recently asked council staff who carry out the certification of building work to complete a survey about their qualifications and experience. The Board would like to thank all of those who completed the survey. The 142 responses are currently being collated. Workshops - NSW Housing Code Implementation Workshops The Department of Planning is presenting free implementation workshops on the key components of the NSW Housing Code and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) in preparation for its commencement on 27 February 2009. The NSW Housing Code outlines how new houses and other alterations and additions can be approved in ten days or less. There are four separate workshops targeted for different stakeholder groups (practitioner, council, council customer service and community). Certifiers may be eligible for continuing professional development (CPD) points through their professional association by participating in a workshop. You can nominate to receive a Certificate of Completion to apply for CPD points when you register. Registrations are now open Click here for further information and NSW Housing Code documents    |
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