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Since the release of our recent post DBP Act – Are you ready?, BCA Logic have received further requests for information about the potential increased risk of using staged construction certificates (CC) to address the requirements for regulated design by design practitioners, and for design compliance declarations (DCD) required prior to the CC being obtained. A DCD for all regulated designs is required to be issued prior to the CC for the work contained within that CC (Clause 29, Design and Building Practitioners Regulations 2021). In this post, BCA Logic provides further clarity.
Another consideration when reviewing the use of staged CC’s is the roles and responsibilities of the Certifier under the Environmental Planning and Assessment Act and Regulations (EPA Act and Regs) and under the Building and Development Certifiers Act (BDC Act) which need to be considered in the first instance. Lets explore how these acts and regulations apply for Staged CC’s.
A Certifier must not issue a CC for building work unless:
The EPA Regs state that a person who has made an application for a CC may apply to modify the development the subject of the application or certificate (Clause 148 of the EPA Regs). The requirements of Division 2 of the Regs applies the same way as the original application. That is, a proposal by the applicant to modify the development the subject of a CC must include a new application and comply with all the relevant provisions of Division 2 of the EPA regs which outline the provisions for assessing and approving CC’s.
It is important to note that Section 6.8 of the EPA Act states that a CC has no effect if it is issued after the building work to which it relates is physically commenced.
Therefore, due to the above, the following applies to any staged (or modified) CC:
The BDC Act sets out the registration requirements, code of conduct and professional standards that a Certifier must comply with. Section 14 of the BDC Act allows the Commissioner to impose conditions on a Certifier’s registration.
One such condition is compliance with the ’Practice Standard for Registered Certifiers’. This standard states that staged CC’s are common practice but does provide cautions to the practice which include:
Staged CC’s include a greater risk of building works progressing beyond the issued CC.
It is common to see an application for a staged CC for a basement up to ground floor slab. It is also common to see the CC issued with only reference to structural plans and subsoil drainage plans.
When reviewing the above requirements to be considered by the certifier and the need for DCD for all relevant design components, it is considered that a staged CC for a basement may require the following for the works proposed:
The above list may not be exhaustive and is provided as an example only.
A common performance solution for basement carparks is to extend travel distances and the use of jet fans. This solution requires a Fire Engineering Report and referral to the Fire Brigade. If for any reason the performance solution is not approved or requires amendment prior to approval, it will result in a change to the design, or reverting back to a deemed to satisfy solution which may involve extra stairs. As such, approval of the performance solution is required before the CC for the basement can be issued.
The previous practice of seeking a staged CC for structural plans only for a CC was adventurous at best, flawed at worst, but today it is clear that the practice must evolve to include all relevant DCD’s, plans, specifications, reports and consents by authorities applicable to the proposed works.
BCA Logic have been providing fully designed solutions for the past 5 years. We anticipate an increase in the demand for BCA, Penetration, Access, Inspection services and our new waterproofing service. Should you or your organisation need assistance please do not hesitate to contact Allan Harriman, Director BCA Logic.
BCA Logic will continue to provide more information and articles on how these changes affect you and your business. Follow us on LinkedIn to stay informed.
Author: Allan Harriman
I’ve known Stuart and BCA Logic for approximately 15 years, and I can comfortably say that due to his experience and his team’s extensive knowledge of the BCA, we’ve had numerous successful projects over the years. As a client of BCA Logic we are pleased with their flexible and innovative approach that results in high quality services. Their ability to resolve issues raised during construction onsite with various options makes them a critical consultant in our team.
I have been working with Allan Harriman over the past 10 years in a wide variety of complex advice and litigation work involving defects, upgrades of fire measures and claims regarding negligence practices of certifiers. Allan and his team are at the forefront of fire engineering and certification practices and deliver material at an A Grade Level and I have every intention of continuing to work with him and his team in the future. If you need a fire engineering or building certification solution or report, look no further.
Caverstock Group provides Project Management and Superintendent Services to private developers, asset owners, and financiers. We have used the services of BCA Logic continually since 1997 because of their proactive, innovative approach to the excellent advice they give us, our design teams, and builders. They are a preferred BCA Consultant. We have no hesitation in recommending their services to our clients due to BCA Logic’s culture of integrity and client focus.
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