Remedial building work

The NSW Department of Planning and Environment has released a new fact sheet aimed at shedding light on the complexities of remedial building work under the Design and Building Practitioners Act 2020. This is a significant step in aiding remedial practitioners, owners corporations, and strata managers to navigate the intricacies of their obligations.

The fact sheet clarifies ‘remedial building work’ and offers guidance on preparing a construction-issued regulated design for such work. It also outlines which class of design practitioner should be responsible for preparing the design.

One crucial aspect discussed is how to handle the demarcation of the existing building from the remedial building work on the regulated design. Additionally, the fact sheet provides insights on dealing with non-compliances that may surface during the remedial building work process.

Notably, it suggests the possibility of dividing the work into stages. This may provide owners corporations with the ability to stage the works to facilitate budgeting and prepare for the performance of full scopes over time, as long as these non-compliances do not compromise health and safety or the current scope of work.

Examples of works considered to be ‘exempt development’ under the Codes SEPP

The below examples are considered exempt development provided they meet the development standards set out in the Codes SEPP.

External window and door replacement

The works need to meet the requirements of the National Construction Code (NCC), applicable standards and the window opening size is not altered.

Balcony balustrade repair or replacement

The works can be considered as exempt development, provided the remedial building work is a minor external non-structural building alteration and meets the requirements of the NCC and applicable standards.

Roof tiling, sheeting and wall cladding repair or replacement

The works can be considered as exempt development, provided the tiling material meets the performance requirements and does not compromise the structural integrity of the building. It should be noted that works involving wall cladding can’t be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and can’t involve the use of external combustible cladding – as per section 2.54(d1) Replace a deteriorated cavity flashing or a leaking cavity flashing The works can be considered to be exempt development, provided the cavity flashing material meets the performance requirements and does not permanently alter the load bearing elements of the building.

Replace a tiled balcony/terrace with a pedestal paving system

The works can be considered to be exempt development, provided the remedial building work is structurally adequate.

Replace a steel lintel with a reinforced concrete lintel

The works can be considered to be exempt development, provided the remedial building work is supervised by a Registered Professional Engineer and the new lintel is structurally adequate and does not undermine the structural integrity of the building.

Concrete repairs to a beam, slab, or column

The works can be considered as exempt development, provided the remedial building work is supervised by a Registered Professional Engineer and the building element is returned to its appropriate structural capacity and does not reduce the structural adequacy, or fire resistance, of that building element.

Balcony, Terrace, or Roof Waterproofing

The works are considered exempt development, provided the waterproofing design complies with the NCC, Australian Standards, and complies with requirements set out in the DBP Act. Repainting of facade The works are considered exempt development.

Download the fact sheet