Renovating your home? Then you must know how the Environmental Planning & Assessment Act (EP&A) applies to your situation. Ensure that your building meets all the necessary regulations, for a safe, sustainable, and community-friendly living space.
Section J Compliance: Which Renovations are Covered?
The short answer to the question in the title is: The EP&A Act requires new work to comply with the Building Code of Australia (BCA), and that includes renovations or alterations of a structural nature.
Because the BCA only requires the new work to comply with the BCA, Section J only applies to the new work. You do not have to bring the whole existing building into compliance, as it would sometimes be required in the case of the fire provisions.
The only exception to this is where the renovations or alterations are so extensive that Council or the certifier requires you to bring the whole building up to current BCA standard. In that case, BCA Section J would apply to the whole building.
Benefits of Compliance When Renovating
Complying with applicable laws and regulations is important for renovations just as for new projects. Compliance not only aligns with global sustainability standards but also offers tangible benefits for homeowners:
- Energy-efficiency
- Reduced energy consumption
- Lower operational costs (e.g., energy bills)
- Minimal environmental footprint
(Find sustainable renovation practices you can adopt from Top Sustainable Design Trends in 2024.)
Steps to Compliance Under EP&A Act
Here’s a quick EP&A compliance checklist you can use if you’re planning to renovate:
- Understand EP&A: Familiarise yourself with the Act and its implications for your renovation.
- Check Local Regulations: Contact your local council to understand the local Development Control Plan (DCP) and how it applies to your renovation.
- Identify Your Renovation Scope: Clearly define your renovation objectives, including any changes to the building’s structure, aesthetics, or functionality.
- Prepare Your Development Application (DA): Prepare and lodge your DA with all required documentation, including plans, surveys, and a statement of environmental effects.
- Comply with Part 4: Ensure your renovation complies with the development assessment requirements under Part 4 of the EP&A Act.
- Comply with Part 5: Ensure your renovation complies with the environmental assessment requirements under Part 5 of the EP&A Act.
- Engage with Your Community: Engage with your neighbours and the wider community as part of the EP&A’s Community Participation Plans (CPPs).
- Follow the Planning Approval Pathways: Understand and follow the appropriate planning approval pathway for your renovation, whether it’s exempt development, complying development, or requires a full development application.
- Ensure Safety and Quality: Comply with the strengthened building regulation and certification procedures to ensure the safety and quality of your renovation.
Every renovation project is unique, so you could adapt this checklist to your specific needs.
Key Updates to the EP&A Act
The EP&A Act sets the foundation for urban and regional planning in NSW. Consider it your blueprint for your home renovation or construction project. The law was overhauled in 2017, resulting in the Environmental Planning and Assessment Amendment Act 2017. The updated EP&A Act aims to provide a more streamlined and efficient planning system, strengthening building regulation and certification procedures.
Your Part in Community Participation Plans (CPPs)
The CPPs set out how planning authorities (including councils and NSW agencies with key planning approval functions) will engage the public in their decision-making. This means home owners now have a say in the planning decisions that affect your community.
Local Strategic Planning Statements (LSPS): Lining Up with Regional Plans
Another update was the introduction of the Local Strategic Planning Statements (LSPS), which aims to align local planning rules to your region’s broader strategic plans. It can guide the development of your local area over the next 20 years, including planning priorities for the area, their strategic basis, and the actions required.
Development Assessment and Approval Provisions
The main parts of the EP&A Act that relate to development assessment and approval are Part 4 (Development Assessment) and Part 5 (Environmental Assessment). These work hand in hand to ensure that all development aligns with the overarching planning laws.
Planning Approval Pathways: Which is Right for Your Renovation?
There are nine different planning approval pathways in NSW, and the size and scale of a development will determine the assessment pathway that applies. Minor home renovations and small building projects (a garden shed, carport, or balcony) that do not require a planning or building approval are called “exempt development”.
Complying Development: Does Your Renovation Qualify?
Some straightforward, low-impact residential, commercial, and industrial developments that require planning approval may qualify for a fast-track approval process called “complying development”. Certain internal and external housing alterations could qualify for this. For renovations that meet specific standards and land requirements, a complying development certificate (CDC) can be acquired through your local Council or an accredited certifier, without needing a full development application (DA).
Environmental Impact Statement for High-Impact Renovation
Schedule 3 to the EP&A Regulation, define developments that will have a high impact (e.g., likely to produce significant pollution) or are in or near an environmentally sensitive area (e.g., a wetland). Renovations that fall within that is known as designated development and warrants a detailed environmental impact statement.
Related Laws that Help Ensure Safe Renovations
Building regulation and certification provisions in the updated EP&A Act underpin the design, construction, and safety of buildings in NSW. These provisions work in tandem with the Building and Development Certifiers Act 2018 and the Home Building Act 1989. These ensure that every aspect of your home, from the foundation to the roof, meets the highest standards.
Updates to Australia’s BCA Section J
There have been significant updates to the Building Code of Australia (BCA). From 1 May 2023 to 30 September 2023, Section J of NCC 2019 Volume One Amendment 1 may apply instead of Section J of NCC 2022 Volume One. The objective of this section is to reduce greenhouse gas emissions. The transition period gives some flexibility, but the newer 2022 version must be followed after this period.
Learn more about complying with Section J of the National Construction Code here: Section J Report
More Than an Obligation: A Commitment to a Better Future
Striving for compliance and staying abreast of the latest changes in building regulations is not just a legal obligation for homeowners. It’s a commitment to sustainability, energy efficiency, and a better future for all.
To learn how you can comply comprehensively, whether renovating or building a new home, talk to our energy efficiency consultants today.
