Management of Staged Approvals

August 2021

Recently released Guidance Material from the Department of Customer Service on the issue of which version of the Building Code of Australia (BCA) applies during staged approvals has highlighted the urgent need for reforms to the Environmental Planning and Assessment Regulation 2000 (the Regulation).

The interpretation included in the Guidance Material will impact homeowners throughout NSW and the general public, the construction industry and the broader NSW economy.

The interpretation also contradicts long-standing and best practice common law principles and approaches to managing policy changes throughout the life of a construction project, namely avoiding retrospectivity, and is inconsistent in its application to Crown projects and non-Crown projects.

While the Association of Australian Certifiers (AAC) disputes the interpretation included in the Guidance Material, we also recognise that the best way forward is a policy change to be made to the Regulation to clarify that the best practice approach to BCA compliance for staged approvals used in other Australian jurisdictions can continue in NSW.

A policy change would restore certainty and confidence to the NSW Construction Industry and to homeowners and occupiers across the state. The effective reduction in red tape would also be significant.

To that end, the AAC has prepared a submission in consultation with other industry bodies.