Occupancy Certification System - PowerPoint Presentation · Certificate of Substantial Compliance...
Transcript of 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
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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.
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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.
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Three Pathways to Occupancy Certification
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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
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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.
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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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Certificate of Substantial Compliance
Example – missing wet area inspection
Owner failed to call for inspection and wet area was not inspected by the certifier.
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Certificate of Substantial Compliance
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.
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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.
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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.
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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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Granting Occupancy Certification against expired Building Permits
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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Granting Occupancy Certification against expired Building Permits
• 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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Granting Occupancy Certification against expired Building Permits
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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Granting Occupancy Certification against expired Building Permits
Suitable for occupation:
• Status reports:
– Plumbing and drainage
– Termite
– Electrical
• Inspection by certifier
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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.
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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.
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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.
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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.
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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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