The Building Industry Flashcards
What is the role of the Department of Fair Trading in the Building Industry in NSW?
To protect consumers and resolve disputes between consumers and professionals/service providers.
How is planning regulated?
LUPA regulates planning
Land use planning and approvals 1993 sets out the requirements, timeframes that apply for making and application and/or amending a planning scheme
Act is supported by regulations: LUPA regulations 2014
When is planning permission required?
Planning permission is required for all developments which do not fall under the exempt and complying developments codes.
How is planning permission achieved?
Through either a complying development certificate or development application.
What is a State Environmental Planning Policy (SEPP)? Give an example of one.
State based legislative policy which governs development and planning. SEPP65, Seniors Living SEPP, etc
What is BASIX certificate?
The Building Sustainability Index (BASIX) - a certificate for residential development which assesses energy, thermal comfort and water sustainability for planning assessment and approval. Submitted with DA and checked at CC and OC by PCA.
If there is a planning dispute where is it held?
The Land and Environment Court
Do builders have to be licensed to work in NSW? Would an electrician?
You need a building licence before you can do any residential building work in NSW valued at more than $5000 (incl GST) in labour and materials. A general builder may do any work that is residential building work.
You need an electrical licence before you can do any electrical wiring work in NSW, regardless of the cost of the work and regardless of whether the work is residential, commercial or industrial.
Where is a residential building dispute held?
Either a Court of competent jurisdiction (subject to relevant limitation periods), or in the NSW Civil & Administrative Tribunal (“NCAT”) provided that: The amount claimed does not exceed $500,000 and proceedings are commenced within three (3) years of the related supply of building goods or services. (NCAT is under Fair Trading).
Where is a commercial building dispute held?
Court???
