By James Deters, Credwell Director
With the implementation of the Design Compliance and Building Compliance Declarations through the Design and Building Practitioners Regulation (D&BP Regulations) we are working with our clients to ensure they meet their statutory obligations.
A new requirement that is not well understood is where works are being undertaken to a non-residential portion of a mixed-use building (being a building with a Class 2 component) and the declaration requirements of the D&BP Regulations apply.
For example, if you are doing a fit out of a café (Class 6 part), or to an office (Class 5 part) of a building with a Class 2 component the designs are required to be declared by registered Design Practitioners prior to the issue of a CC or CDC and the works are to be declared by a registered Building Practitioner prior to the issue of an OC.
A relevant excerpt from the guidelines is below:
“The Design and Building Practitioners legislation applies to class 2 buildings or buildings with a class 2 part. This means that if a building has a class 2 part as well as other classes, all parts of the building, not just the class 2 part, are subject to the reforms. In the example below, where a class 6, class 2 and class 5 part are above a class 7 common carpark, the reforms apply to the class 6, 2, 5 and 7 parts. This means that before building work can commence, construction issued regulated designs containing the necessary detail to produce building work that would achieve compliance with the BCA are required for all building parts.”
Further useful details are located in the Design Guidelines available at this link.
The challenge in this process is ensuring the designers are a Registered Design Practitioner and the builder a Registered Building Practitioner. In both categories experience in Class 2 developments is needed to become registered, which is putting up hurdles to designers or builders who only work in the fit-out space.
As always, we are available to assist with this or any other question you may have regarding the D&BP Regulations.
Please call 02 9281 8555 or email info@credwell.com.au