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Build It Right: A Guide to Construction Laws and Standards & Their Impact on Your Construction Bus

by kapil Mehta # Guest Blogger

When you are engaged in trade or business, it is common knowledge that all types of enterprises and industries are subject to legislation. Laws, particularly in construction, stand by strict adherence to standards set out in a codified regulation system.


In Australia mainly, the National Construction Code (NCC) is the cornerstone of setting regulatory measures for the construction industry. This code provides the minimum requirements for public safety and health, sustainability in infrastructures, and construction of buildings throughout Australia.


If you have a contracting firm or are involved in construction, it is important to know what these laws are and understand their impact on your business. Adherence to these regulations is a must and must be observed in your building projects. Here are some of the current codes, standards, and other legislative instruments you need to know about:

The Building Code of Australia

The Building Code of Australia NSW is part of the series under the National Construction Code. These two Codes are often interchanged with each other, when in fact, they are the same as the Building Code also incorporates the framework adopted in the National Construction Code.

The Building Code is governed by the Australian Building Codes Board and is a primary legislation that mainly lays down the standards for construction work. The Housing Industry Association (HIA) reproduced the provisions in the NCC to be also integrated with the Building Code.

Furthermore, local governments, particularly in New South Wales, have adapted the Building Code standards in their mandates regarding construction work. These standards establish building guidelines, particularly when it comes to the design, construction, and building utility, and other planning schemes for construction projects.

The Building Code of Australia covers regulations regarding the following matters:

      Structural integrity

      Fire safety and resistance

      Construction services and equipment

      Sustainability and efficiency of the building design

      Health and safety protocols for the occupants

 

Navigating these regulations may seem like a complicated task, but do not be intimidated as there are firms such as Morrissey Law that could help you understand better concepts under construction law NSW.

The Home Building Act of 1989

This law was enacted first in 1989 and was amended in 2015. As implemented in New South Wales, the Home Building Act regulates the residential building industry and provides the minimum statutory rights of parties to construction projects - builders, contractors, and homeowners.

 

Aside from the construction proper itself, other rights protected under the Act include contract warranties, payments, insurance claims, and other matters covering residential construction work.

 

As construction projects occur, it is inevitable to have building disputes, especially between contractors and construction firms. Disputes arise when a contractual party fails to comply with its obligations with the other party or a breach of the project's agreements.

 

Concerning building dispute resolution, the Home Building Act has provisions stating that the NSW Fair Trading leans towards negotiation with the two parties involved first and reaching an amicable settlement. Should negotiation not work, Building Dispute inspectors may step in and mediate in the situation.

 

However, if mediation is still unsuccessful, then the matters brought up in the dispute may require the intervention of the Home Building Service or the involvement of the NSW Civil and Administrative Tribunal.


The Environmental Planning and Assessment Act of 1979

Construction projects usually require a lot of paperwork, such as licenses, permits, approval of the appropriate authorities, certificates, and consents depending on the project's size, location, and duration. In NSW, it has its statute, which covers planning regulations, including licensing requirements and procedures.

 

The Environmental Planning and Assessment Act of 1979 specifies the type of qualifications and approvals needed for a construction entity to undertake building work in NSW. This also includes standards that fall under the coverage of the Building Code of Australia.

 

NSW, later on, amended this Act in 2017. The objectives of the Act are the following:

      Promote good design and amenity in the building trade and industry;

      Maintain sustainable management of cultural heritage; and

      Proper construction and maintenance of infrastructure, including the health and protection of their occupants.

 

NSW agencies and councils given critical functions under the Environmental Planning and Assessment Act are now required to prepare Community Participation Plans (CPP). These councils are not only limited within NSW but also involve other localities such as Sydney and Wollongong.

 

Councils are required to include their strategic plans in their CPPs, which will provide a picture of their vision for land use, including future construction projects, for the next 20 years.

 

With this, we can see that the legislature not only puts the burden on private construction and building entities. It also promotes participation of the public sector and agencies to take an active part in ensuring that the guidelines under building codes and acts are observed.

Takeaway

Compliance with the laws is mandatory, and failure to do so may garner sanctions against your business. Hence, it is essential to know the rules, regulations, and standards that may affect your building projects. 


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About kapil Mehta Senior   # Guest Blogger

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Joined APSense since, July 25th, 2016, From Ambala cantt, India.

Created on Jul 18th 2021 21:56. Viewed 5,799 times.

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