#27932
scotlandx
Strataguru

    A builder may tell you that works don’t require a DA, but he/she would, wouldn’t he/she.

    The question of a DA is separate from whether you require the approval of the OC – if the works require approval under section 110 or 111, then you need to have that. (unless as Jimmy says the owners have delegated power under section 110 to the Committee)

    The State Environmental Planning Policy (SEPP) Subdivision 26 determines whether something requires a DA.  If it falls within para 2.52, a DA is required. If it falls within para 2.51, you don’t need a DA.  I believe the OC is within its rights to say whether or not something falls under a certain category.

    Subdivision 26  Minor building alterations (internal)

    2.51   Specified development

    (1)  A minor internal building alteration for the replacement or renovation of:

    (a)  a doorway, wall, ceiling or floor lining, or
    (b)  a deteriorated frame member, including stairs and stairwells, or
    (c)  a bathroom or kitchen, or
    (d)  a built in fixture such as a vanity, a cupboard or a wardrobe, or
    (e)  an existing sanitary fixture, such as a grease trap or the like, or
    (f)  shelving or racking that is not higher than 2.7m, or
    (g)  a work station or counter,

    is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.

    (2)  The installation of new or replacement insulation material in the ceiling, floor or wall of a building is development specified for this code.

    2.52   Development standards

    The standards specified for that development are that the development must:

    (aa)  not be an alteration to a food preparation area in food and drink premises, and
    (a)  if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and
    (b)  not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and
    (c)  not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and
    (d)  not affect the load bearing capacity (whether vertical or horizontal) of a building, and
    (e)  not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and
    (f)  if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with Part 3.12.1 of the Building Code of Australia.