Details
The Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Construction Certificates) Regulation 2023 (Amending Regulation) took effect from 3 February 2023.
The Amending Regulation introduced new requirements relating to the determination of the edition of the Building Code of Australia (BCA) which may apply to a construction certificate (CC) application.
Table 1 and 2 below illustrate the application of section 19 of the EP&A(DCFS) Regulation only and provide a summary about the edition of the BCA which applies to a CC application based on the date that the development consent was issued.
Note: This above text needs to be read in conjunction with all the other text including under the heading ‘Savings and Transitional Provisions’ and also section 24.
Table 1: Development consent issued before 3 February 2023
Scenario | BCA 2019 Amendment 1 | BCA 2022 |
CC application for a building and or building work (excluding multi storey buildings) | Applies to CC applications lodged before 1 May 2023¹ | Applies to CC applications lodged on or after 1 May 2023 |
CC application for a multi-storey building involving the ‘entrance floor’ issued before 3 February 2023 | Applies to CC applications lodged before 1 May 2023 | Applies to CC applications lodged on or after 1 May 2023 |
CC application for a multi-storey building for ‘entrance floor’ lodged prior to 1 May 2023 and not issued before 3 February 2023 | Applies to all CC applications(the CC application involving the ‘entrance floor’ operates to ‘lock in’ BCA 2019 Amendment 1 for any later in time CC applications for the building) | Not applicable (except through a BCA performance solution demonstrating compliance with the BCA 2019 Amendment 1 performance requirements and where the applicant wants to apply a BCA 2022 provision/s) |
Table 1 Notes:BCA 2019 Amendment 1 came into effect from 1 July 2020. CC applications lodged prior to 1 July 2020 would be subject to an earlier edition of the BCA.
Table 2: Development consent issued on or after 3 February 2023 but prior to 1 May 2023
Scenario | BCA 2019 Amendment 1 | BCA 2022 |
CC application for a building and or building work (excluding multi storey buildings) | Applies to CC applications lodged before 1 May 2023 | Applies to CC applications lodged on or after 1 May 2023 |
CC application for a multi-storey building involving the ‘entrance floor’ lodged prior to 1 May 2023 | Applies to all CC applications (the CC application involving the ‘entrance floor’ operates to ‘lock in’ BCA 2019 Amendment 1 for any later in time CC applications for the building) | Not applicable |
Development consent issued after 1 May 2023
Scenario | BCA 2019 Amendment 1 | BCA 2022 |
CC application for a building and or building work (including multi storey buildings) | Not Applicable | Applies to CC applications lodged on or after 1 May 2023 |