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ARTICLE · 14 JULY 2023

Alert - Con­struc­tion Indus­try Update: When is reme­di­al build­ing work exempt devel­op­ment?

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A Fact Sheet provides guidance as to when NSW remedial building work is considered exempt or non-exempt development.

AustraliaReal Estate and Construction
Helen Kowal
Helen Kowal
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The Department of Planning and Environment has published a 'Remedial Building Work - State Environmental Planning Policy (Exempt and Complying Development Codes) 2008' Fact Sheet (Fact Sheet) to provide guidance as to when remedial building work is considered exempt development under the Exempt and Complying Development (Codes SEPP):

https://www.planning.nsw.gov.au/sites/default/files/2023?-?07/remedial-building-work-sepp-fact-sheet.pdf

The classification of remedial works as either exempt or not exempt development clearly has massive consequences for owners corporations in the undertaking of remedial projects.

If remedial works are exempt development, those works can progress without having the delay of going through the approvals process and, if the works are also excluded from the Design and Building Practitioners Act 2020 (DBP) under clause 13 of the Design and Building Practitioners Regulations 2021 (Regulations), then the works can progress without the

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Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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