Home Premises Standards Applying for an unjustifiable hardship exemption

Applying for an unjustifiable hardship exemption

Part 4 of the Premises Standards outlines exceptions and concessions, including that it is "not unlawful for a person to fail to comply with a requirement of these Standards if, and to the extent that, compliance would impose unjustifiable hardship on the person."

The Board has set up a process to assist those in NSW applying for an assessment of unjustifiable hardship under the Premises Standards. This will initially be an Access Advisory Committee (see below) that can assess applications for unjustifiable hardship exemptions. At present the process is not mandatory and the Committee's decisions are advisory only.

Unjustifiable hardship relates to non-compliance with one or more requirements of the Premises Standards, and does not relate to non-compliance with the Building Code of Australia (BCA) whether or not building work is involved.

An application for an exemption to the Premises Standards on the basis of unjustifiable hardship may arise in relation to a new building, or work to an existing building - the 'new part' or the 'affected part'.

This page will assist those in NSW applying for an assessment of unjustifiable hardship under the Premises Standards.

• Read the Guide (updated March 2012)
• Download the application form
• Download the Considerations form relating to Part 4.1 of the Premises Standards

The Access Advisory Committee

The Building Professionals Board has set up an Access Advisory Committee (the Committee) under the Building Professionals Act 2005, with expertise in disability access, quantity surveying, building surveying, structural engineering and heritage conservation. The Committee makes recommendations on applications for exemption from requirements of the Premises Standards on the grounds of unjustifiable hardship.

Members are:

• Mr Tone Wheeler, Chair
• Mr Michael Wynn-Jones, Deputy Chair
• Mr Michael Whelan, Board member
• Mr Anthony Banham, Association of Accredited Certifiers
• Mr Trevor Beardsmore, Property Council of Australia
• Mr Stuart Boyce, Australian Institute of Building Surveyors (NSW Chapter)
• Ms Christine Cheung, Association of Accredited Certifiers
• Mr Michael Einsenhuth, Association of Accredited Certifiers
• Mr Jeffrey Gall, Property Council of Australia
• Mr David Goding, NSW Network of Access Consultants
• Mr Russel Grove, Australian Institute of Building Surveyors (NSW Chapter)
• Mr Howard Moutrie, NSW Network of Access Consultants
• Mr Mark Relf, NSW Network of Access Consultants
• Mr Steven Saad, NSW Network of Access Consultants
• Mr Harry Sprintz, NSW Network of Access Consultants
• Ms Louise Vlatko, Australian Institute of Quantity Surveyors
• Mr Stephen Worthington, Master Builders Association
• Mr Eric Martin, Heritage Council
• Mr Peter Phillips, Heritage Council
• Mr Donald Truman, Heritage Council
• Dr John Hutcheson, Engineers Australia
• Mr Geoff Gleeson, Engineers Australia