The Effects of Planning & Construction Legislation 1

The one thing that remains consistent is the effect that legislation has on the design and construction of buildings.

Basically, all building work must comply with legislation. More often than not, it will be your role as the building surveyor to ensure that this happens. Legislative requirements will place restrictions on the type, design and location of buildings. For example, it may determine the size, distance from the boundary as well as materials that must be used in its construction.

There are three different levels of government in Australia, all of which are concerned with the planning and construction in one way or another. These levels are:

• Federal or Commonwealth
• State
• Local

Federal Government

Is primarily concerned with the likely impact that a development may have on the existing environment on a grand scale.

The Australian Government Department of the Environment, Water, Heritage and the Arts (formerly the Department of the Environment and Water Resources) develops and implements national policy, programs and legislation to protect and conserve Australia’s environment and heritage and to promote Australian arts and culture.

Details about the Department and what they do can be found on its website at http: //www.environment.gov.au/index.html. Although such legislation is less likely to have a direct influence on the design and construction of an individual building, it is important to be aware of it.

State/ Territory Government

The majority of Planning and Construction legislation and policy is established at this level of government. Each state or territory will have a relevant minister and department responsible for planning and development.

It is strongly recommended that you contact the department relevant to your state or territory, or visit their website to become familiar with the legislation and planning requirements relevant to you.

• NSW – Department of Planning http://www.planning.nsw.gov.au
• Victoria – Department of Planning and Community Development http://www.dpcd.vic.gov.au/web14/dvc/dvcmain.nsf
• SA – Department of Planning and Local Government http://www.planning.sa.gov.au/
• Queensland – Department of Infrastructure and Planning http://www.dip.qld.gov.au/
• Western Australia – Department of Infrastructure and Planning http://www.dpi.wa.gov.au/
• Tasmania – IRIS Tasmania http://www.iris.tas.gov.au/planning_and_development
• Northern Territory – Department of Planning and Infrastructure http://www.nt.gov.au/dpi/
• ACT – Planning and Land Authority http://www.actpla.act.gov.au

Local Government

With the exception of the odd major development, the majority of Development Applications (DAs) are assessed by the local government. Depending on the state or territory, and its relevant legislation, Councils often have the ability to develop local policies or controls.         (TAFE NSW 2011) [photo of building code page by author]

Como Building P/L, Michael Como provides in SYDNEY, an NSW Building Regulations Consultancy service that comprises, Interpretation of NSW legislation relevant to the construction of Class 1 and 10; Issuing: Complying Development Certificates (CDC), Construction Certificates (CC) [after a local council has approved a development], Occupation certificates (OC), Compliance Certificates, NCC Building Code Australia Reports. Engagement for the certification work is on a contract basis.

Also, a pre-purchase property inspection or building inspection by Michael Como may empower you with knowledge about the condition of a property currently or before you buy it and help you avoid future problems and unexpected costs. However, this service can only be conducted if the insurer is on-side, and currently, they are not and as a result, we do not conduct it.

Michael Como is Your Custom Home Builder in Sydney with over 46 years of construction experience, a Master Craftsman sharing innovative Restoration/renovation Ideas. Licensed since 1988. At this stage, I will only carry out building work at a contracted agreed hourly rate.

Let your imagination soar as you enjoy Building Green Homes or Straw houses or Hemp Homes or Heritage Style Restoration or Bathroom renovations or UHR or Digital twin or Sealing…. Etc.

 

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