This article discusses building code retrospective compliance, explaining when older apartment elements must be upgraded to meet current NCC/BCA standards during balcony door replacements.
Question: An owner in our old apartment block wants to replace their glass sliding door. The balcony does not comply with current regulations. Is compliance with the Building Code of Australia retrospective?
Our block of 36 units was built c1960. An owner wishes to replace their glass balcony door. The balcony door currently does not have a hob. To meet current regulations, we need to install a hob. The work will require waterproofing the entire balcony, at approx $20,000. If the owner replaces the door, does a hob have to be installed? Is compliance with the Building Code of Australia retrospective?
Answer: Building elements that do not meet current standards are not required to be removed and replaced if they have not failed or are not subject to mandatory upgrades.
If an existing building element that does not meet the current NCC/BCA standards has not failed and it’s not the subject of a mandatory upgrade (example: Council Development Control Order of Fire Order), then the building element is not required to be removed and replaced. It can be retained in its current form which may not meet the current NCC/BCA standards.
If, however, an existing building element has failed and/or is proposed to be voluntarily upgraded, those upgrades are required to be completed in accordance with the current NCC/BCA standards. Additionally, if secondary building elements are affected by the upgrade of the primary building element, those elements also need to be upgraded in accordance with the current NCC/BCA standards.
An example of this is a balcony balustrade upgrade which intersects with a balcony waterproofing system that terminates under a balcony door. The result of upgrading the balcony balustrade is that the existing balcony door may be required to be removed and replaced, a new compliant hob installed under the balcony door (assuming there isn’t one currently), a new compliant waterproofing system installed to the entire balcony and finally new floor finishes to complete the works. All proposed upgrade works, both voluntary and mandatory, require Design Declarations and Regulated Design in accordance with the Design & Building Practitioners Act 2020, with the exemption of a limited list of exempt works as defined under the Act.
This post appears in the July 2023 edition of The NSW Strata Magazine.
Michael Hopwood
Valen Projects
E: m.hopwood@valenprojects.com.au
P: 0488 666 682
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