ACT GOVERNMENT TO INTRODUCE AUSTRALIAN FIRST LICENCE SCHEME FOR PROPERTY DEVELOPERS
The ACT Government is introducing legislation that will hold property developers responsible and accountable for residential developments they undertake.
Minister for Sustainable Building and Construction Rebecca Vassarotti said that delivering Australia’s first licensing and regulation scheme for property developers will tackle the problems of defects and compliance failures in residential property developments that appear before, during, and after construction.
The proposed new legislation to curtail cases of poor development that have undermined the trust of Canberrans in the home building industry.
The Developer Licensing Bill is expected to be debated in the first half of 2024, with a transition period to follow before the licences will be required. The ACT Government will continue to engage with the local industry and other stakeholders to progress this reform, as part of a broader package of reforms for the building and construction industry.
More information will be provided when more is known.
SWIMMING POOL & SPA REFORMS
make sure that home swimming pools and spas in the ACT are fenced in accordance with current safety standards and are maintained.
The home swimming pool safety reforms will apply to a home swimming pool or spa that is:
· capable of containing water to a depth greater than 30cm; and
· is associated with a residential building such as a house, unit, townhouse or block of apartments.
This includes in-ground and above-ground pools, temporary and permanent pools, wading pools, demountable pools, portable pools, kids’ pools and spas.
The new rules apply to all ACT home swimming pools and spas that can contain water to a depth greater than 30cm and are associated with a residential building such as a house, unit, townhouse or block of apartments. This includes in-ground and above-ground pools, temporary and permanent pools, wading pools, demountable pools, portable pools, kids’ pools and spas.
It will not apply to swimming pools in tourist and visitor accommodation such as hotels, motels and caravan parks. Swimming pools in these types of accommodation generally have more secure fencing and access restrictions, such as requiring access through secure doors with a pass, code or key. Extending the new rules to these pools may be considered in the future. The new rules do not apply to public swimming pools, which are already subject to specific regulatory requirements in the ACT under the Public Pools Act 2015.
Any building that has both a residential and a commercial element is covered.
If your inflatable pool can be deflated and inflated and does not have a filtration system you are excluded from the scheme.
If the pool has a filtration system, it will become a demountable swimming pool and therefore covered by the scheme. This is a change to existing rules.
Currently these types of pools are subject to the same requirements as all backyard swimming pools and spas in the ACT. This means, a demountable pool up for 1 day requires the same level of safety barrier as a permanent below-ground pool.
The new rules change this requirement by introducing an exemption for a temporary or demountable pool that is up for a period no longer than three consecutive days.
There are new rules, which are also known as the "prescribed safety standards".
For swimming pools and spas built or altered before 1 May 2023:
· the current version of the Building Code of Australia and
· two Australian Standards which are Part 1 and Part 2 of Australian Standards for Swimming pool safety.
o Part 1 (AS 1926.1 – 2012) relates to safety barriers for swimming pools and
o Part 2 (AS 1926.2 – 2007) is about the location of safety barriers.
The Building Code and these two Australian Standards are the current safety standards which stop young people accessing pools and lessen the risk of drowning.
For swimming pools and spas built or altered on or after 1 May 2023 you must meet:
· the Building Code of Australia and
· the Australian Standards called up by the Building Code at the time the swimming pool or spa is built or altered.
New pools will need to be built to meet new rules if they are updated in the future.
The Building Code and adopted Australian Standards set the modern safety standards which stop young people accessing pools and lessen the risk of drowning.
The installation or construction of a pool may need to be undertaken by a licensed builder and signed off by a licensed building surveyor.
The Building (General) Regulation 2008 (schedule 1, Parts 1.2 and 1.3) sets out what requires approval and what is exempt or partially exempt building work. Some partially exempt building work does not need to be signed off by a builder or building surveyor, but some does require sign off by a building surveyor.
Pool safety barriers are partially exempt from getting approval if the:
· fencing and barriers comply with the building code; and
· fencing and barriers are constructed in a proper and skilful way; and
· fencing and barriers are inspected and certified as compliant with the Building Act 2004 (other than Part 3) by a certifier.
If there is other building work taking place which needs approval, it may need to be undertaken by a licensed builder and signed off by a licensed building surveyor.
The Urban Forest Bill 2022 in the ACT comes into effect on 1 January 2024.
From 1 January 2024, the ACT Government new legislation further strengthens and improves how they manage trees.
The Urban Forest Act 2023 repeals and replaces the Tree Protection Act 2005, following an extensive review of the legislation and introduction of the ACT Urban Forest Strategy.
The new Act improves tree protection on both public and private land and will help protect Canberra's trees as the city continues to grow. It creates a sound framework to reach our ambitious target of 30% tree canopy cover or equivalent by 2045.
The key changes introduced by the Act are:
New requirements to ensure trees approved for removal are replaced. Where new planting is not possible, a financial contribution will need to be made to support canopy cover elsewhere.
Reducing the size requirements for protected trees on private land and to protect dead native trees that provide essential habitat elements for local fauna.
Classifying all public trees as protected.
Introducing a tree bond system to ensure trees are not damaged during construction work as our city continues to grow.
Expanding the ACT Tree Register which celebrates and protects our most significant trees.
Improving compliance provisions. For example, the introduction of penalties for people caught damaging a tree or breaching a tree protection plan or direction.
Trees on private land
From 1 January 2024, a protected tree is each of the following trees located in built-up urban areas:
a registered tree
a regulated tree
any tree located on public land, including a registered tree
a registered tree or a remnant tree located in a future urban area, or an area that is the subject of an estate development plan
a dead tree with a circumference of 1.88m or more at 1.4m above natural ground level
all trees planted under a Canopy Contribution Agreement for five years from the date of planting.
Approval is required before undertaking the following activities on a protected tree:
removal
major pruning (and minor pruning of a registered tree)
lopping or
groundwork activities within the Tree Protection Zone.
Approval is not required if:
your tree is not a protected tree, or
you are carrying out a pruning direction issued by a utility company, provided that any conditions in the direction (such as how the tree is to be pruned) are followed.
Fees and Bonds
A fee or bond may be required when developing land or the installation of a swimming pool.
Costs associated with the bonding of trees is a cost that is borne by the customer.
The SPASA contract supports variations that cover the costs of requirements required by the council or Surveyor/Certifier to be passed onto the customer.