Build It Right: A Guide to Construction Laws and Standards & Their Impact on Your Construction Bus
by kapil Mehta # Guest BloggerWhen 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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Created on Jul 18th 2021 21:56. Viewed 5,799 times.