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Posted 12 March 2015
Category: Building Defects
The State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Commercial and Industrial Development and Other Matters) 2013 (“Amending SEPP”) commenced on 22 February 2014, amending the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“SEPP”) and repealing or amending a number of other existing SEPPs.
Despite its title, the amending SEPP has significant impact for works in residential strata schemes, including the approvals required to carry out defect rectification works.
The changes most relevant to remedial works in residential strata buildings involve greater scope for allowing, as complying development:
This can be very helpful where the development would otherwise require approval, i.e. it does not constitute repairs and maintenance or exempt development. Previously, the complying development certificate (“CDC”) process provided little or no help with approval of remedial works to common property areas, as distinct from remedial works within lots, largely due to the reference to internal or external alterations to a “dwelling”. However, this will depend on the nature of the work, e.g. it may not be possible to use the CDC process with an “alternative solution”. If not, the best approach may be to attempt to persuade the Council’s compliance officer to issue an order requiring rectification works in accordance with the proposed alternative solution.
More generally, the Amending SEPP and associated legislative changes involve:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.