occupancy certification system - powerpoint presentation · certificate of substantial compliance...

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Building Act Post Moratorium Reforms

Occupancy Certification System

Department of Lands, Planning and the Environment May 2016


Presentation Objectives

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Presentation Objectives • Explain the three pathways for Occupancy Certification.

• Explain the assessment process for Occupancy Certification.

• Advise of additional obligations on building certifiers and agents.

• Work through scenarios to describe the differences between the

three levels.

• Explain the impact of the reforms on the current system.


Background

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Background • Government declared a Moratorium on building certification

enforcement in April 2009. • Impasses preventing owners from achieving certification.

• Circulation of discussion paper.

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Background (Contd) Outcomes from the discussion paper were:

• Stage 1 - Three level certification system to resolve impasses.

• Stage 2 - Increase capacity in the building certification industry.

• Stage 3 - Build a culture of compliance.


Three Pathways to Occupancy Certification


Overview

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Overview The three levels of Occupancy Certification are:

• Occupancy Permit (highest)

• Certificate of Substantial Compliance

• Certificate of Existence (only for work completed prior to 1 May 2016)

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Overview • Increased transparency

• Deliberate strategy to use market forces

• Brings unapproved works into the system


Occupancy Permit

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Occupancy Permit

• Existing Occupancy Permit.

• All works and legislative processes have been complied with.

• Occupancy Permits can be granted against an expired BP, if all works were carried out within the BP period.


Certificate of Substantial Compliance

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Certificate of Substantial Compliance • New category of Occupancy Certification.

• Granted by building certifiers.

• Must meet technical standards.

• Can be granted for all building classes.

• Certificate of Substantial Compliance can be granted against an expired BP, if all works were carried out within the BP period.

Accommodates: • building works not carried out strictly in accord with building approval and

or legislative requirements.

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Example – missing wet area inspection

Owner failed to call for inspection and wet area was not inspected by the certifier.

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Outcome 1 • Testing or other evidence can demonstrate compliance. • Building certifier issues inspection certificate. • Occupancy Permit can be granted.

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Certificate of Substantial Compliance Outcome 2 • Building certifier satisfied technical standards have been met. • Building certifier will not issue the inspection certificate as not all of the

membrane was inspected. • Certificate of Substantial Compliance can be granted.

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Certificate of Substantial Compliance Outcome 3 • Certifier not satisfied the technical standards have been met and work was

completed after 1 May 2016. • Rectification to meet technical standards - Building Notice and Order issued

by building certifier (if necessary). • Occupancy Permit can be granted.

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Certificate of Substantial Compliance Outcome 4 • Certifier not satisfied the technical standards have been met and work was

completed prior to 1 May 2016. • Certificate of Existence can be granted by Director of Building Control.


Certificate of Existence

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Certificate of Existence • New category of occupancy certification.

• Building approval was required.

• Work completed before 1 May 2016.

• Work carried out outside validity period of approval.

• Work not substantially compliant.

• Work does not meet technical standards at time of construction.

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Certificate of Existence (Contd) • Recommendation by building certifier.

• Granted by the Director of Building Control.

• Can cover all classes of buildings but not “Importance Levels 3 and 4”.

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Certificate of Existence (Contd) • Work must meet a reasonable level of safety, health and amenity.

• Different elements of building work may have different technical standards.

• Must meet current technical standards for wind loading and fire safety standards.

• Must comply with all other relevant legislation e.g. planning.

• Work that does not meet a reasonable level of safety, health and amenity to be notified to Director of Building Control.

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Certificate of Existence (Contd)

Example – Commercial building (unapproved work)

Two storey commercial building with shops on the ground floor and offices on the second storey constructed with planning approval but without building approval in 1990.

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Certificate of Existence (Contd) • Current wind loading and fire safety standards.

• Other elements of building work considered.

• Reasonable level of safety, health and amenity established.


Mixed use buildings and Building Permits with multiple buildings

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Mixed use buildings and Building Permits with multiple buildings • Multiple buildings and building classes on a Building Permit.

• Buildings can be covered by different levels of Occupancy Certification.

• Where a non-compliant element of one class affects another class (there is a dependency), separate Occupancy Certification should not be granted.

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Mixed use buildings and Building Permits with multiple buildings Example – house and shed (no dependency)

A house and shed are on the same Building Permit. There is an issue with the shed preventing the issue of an Occupancy Permit.

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Mixed use buildings and Building Permits with multiple buildings Example – mixed classes with dependency

A five storey residential complex was constructed. The building contains a carpark and storage area (mix of class 2, 7 and 10 buildings). The pedestrian exits in the carpark were not compliant with the NCC.


Granting Occupancy Certification against Expired Building Permits

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Granting Occupancy Certification against expired Building Permits

• All work essential to the class must be completed during validity period.

• Work that is not essential to the class can be severed from the Building Permit.

• Inspection of building work.

• Work must be suitable for occupancy at the time of the application.

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Example - granting Occupancy Certification against expired Building Permit

A Building Permit was granted in 1999 for a house. The house is a ‘pod style’ house and the Building Permit specified there would be five pods. Three of the pods were for bedrooms, one for a living area/laundry and one for a carport. All but one of the bedrooms and the carport were constructed during the validity period of the Building Permit.

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• All work essential to the class of building has been completed.

• Remaining pod and carport can be severed from the Building Permit.

• Occupancy Permit specifies the work that it covers and work severed.

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Suitable for occupation:

• Class of building and use

• Nature of the building work (e.g. is it part of a building)

• Location (for example, is it in a high wind area)

• Age of the building work

• State of repair (condition)

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Suitable for occupation:

• Status reports:

– Plumbing and drainage

– Termite

– Electrical

• Inspection by certifier


Changes to building legislation over time

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Changes to building legislation over time

• Building certifiers now issue Occupancy Permits and Certificates of Substantial Compliance for work completed before 1 September 1993.

• Work of any age may be assessed for a Certificate of Existence.

• Work prior to the Building Act 1983 may only be covered by a Certificate of Existence.


HBCF and Residential Building Cover Implications

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HBCF and Residential Building Cover Implications Home Building Certification Fund

• HBCF cover can apply to building works granted with a Certificate of Substantial Compliance or Occupancy Permit.

• Building works finalised by a Certificate of Existence cannot activate HBCF.

• 10 year HBCF cover starts from the date the works were physically completed, but no later than the original two year building permit period.

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HBCF and Residential Building Cover Implications Residential Building Cover

• An Occupancy Permit and a Certificate of Substantial Compliance activate Residential Building Cover.

• Certificate of Existence does not activate Residential Building Cover.

• Residential Building Cover defect period commences no later than two years from issue of original building permit period.


Implications for Tier 2

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Tier 2 Building Control Areas

• Buildings in Tier 2 Declared Building Control Areas will also be subject to the new three level occupancy certification system.

• Since 2006, certification for houses (and some class 10 buildings) are finalised on the issue of a Builder’s Declaration only.

• All other buildings have always and will continue to require full Occupancy Certification.

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Tier 2 Building Control Areas (Cont.) • Occupancy Certification for houses and associated class 10 buildings will

continue to be able to be finalised on issue of a Builder’s Declaration.

• If a builder’s declaration is not available - post construction assessments for a Certificate of Substantial Compliance or a Certificate of Existence.

• If the work is unapproved and completed after 3 July 2006 but before 1 May - post construction assessments for a Certificate of Existence.

• If the work is unapproved and completed after 1 May 2016 – new Building Permit.


New obligations on certifiers and owners’ agents

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New obligations on certifiers and owners’ agents • Building certifiers must advise owners

– why the work cannot be granted an Occupancy Permit.

– HBCF/Residential Building Cover not activated with a Certificate of Existence.

– about appeal rights.

• Owners’ agents must advise owners

– about why the work cannot be granted an Occupancy Permit.


Implementation

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Implementation • Education campaign.

• Integrated Land Information System (ILIS) and Building Approvals Online (BAO).

• Updated compliance and enforcement policy.

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Admin Interests

SINGLE BP – MULTIPLE CLASSES, MULTIPLE OCCUPANCY CERTIFICATIONS

2x Building classes

2x Occupancy Certifications

1x Building Permit

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Standard Report

SINGLE BP – MULTIPLE CLASSES, MULTIPLE OCCUPANCY CERTIFICATIONS


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occupancy certification system - powerpoint presentation · certificate of substantial compliance...

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