Windows, sliding doors and the DBPA regs

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The whole vexed question of who is responsible for windows and sliding balcony doors has been a frequent topic of discussion on this website – not least because it depends how old your building is and where sits geographically. 

And then along came the NSW Design and Building Practitioner’s Act (DBPA) to throw another complication, albeit well-intentioned, into the tangle of rules and regulations, especially in strata.

Our long-term sponsors, strata window and door replacement specialists Windowline say they’ve had numerous conversations within the strata community to address some of the misconceptions around the impacts of the DBPA on window and door replacement projects.

So we have distilled a couple of Windowline’s fact sheets for your information, to help you establish if your window and sliding door projects fall under the DBPA.

Does window replacement need DBPA regulated design?

No. Generally, under the State Environmental Planning Policy, window replacements are categorised as exempt development as they are non-structural. Consequently, they typically fall outside the bounds of the Design and Building Practitioners Act therefore do not require regulated design.

Does balcony door replacement need DBPA regulated design?

No. Similar to window replacement, balcony door replacements are typically considered exempt development under the State Environmental Planning Policy so also do not require regulated design.

However, this depends on the condition of the substrate beneath the balcony door. Should the substrate necessitate structural or waterproofing work, the replacement may fall under the Design and Building Practitioners Act, thereby necessitating a regulated design.

Who prepares a regulated design?

Architects and engineers. A regulated design must be prepared by a registered design practitioner. While various professionals can take on this role, it is essential to note that engineers, particularly those with expertise in structural and waterproofing aspects, are often best suited for preparing regulated designs under the Design and Building Practitioners Act.

Engaging an engineer ensures that technical aspects are thoroughly assessed and that the design complies with the relevant building standards and regulations.

Who undertakes the work of the compliant regulated design?

A building practitioner. To comply with the Design and Building Practitioners Act, any works that fall under the scope of the Act must be undertaken by a registered building practitioner. As such, it is imperative that a registered building practitioner is engaged to complete these works. Engaging a registered practitioner ensures adherence to the requisite standards and regulations, safeguarding the quality and compliance of the works performed.

When can a balcony door be replaced without reference to the DBPA?

A balcony door can be replaced without being governed by the DBPA if it’s installed onto a substrate that’s fit for purpose. This means that the doors should be positioned with an appropriate set-down, often referred to as having the right termination height.

The quality and condition of existing weatherproofing or waterproofing are vital considerations. They play a pivotal role in determining the correct installation details for the balcony.

What are the requirements if the balcony doors fall under the DBPA?

If balcony door replacements fall under the DBPA, a regulated design is mandatory. This design must be provided by a certified Design Practitioner. Moreover, all related work must be then performed by an authorized Building Practitioner.

How do we determine the right termination height?

The appropriate termination height is primarily influenced by the wind loads that the doors might be exposed to. A façade engineer provides this specification after completing a wind load analysis. In simpler terms, termination height refers

to the difference in level between the internal and external finished floors. At times, achieving this might involve the installation of a concrete hob, which offers a distinct step from the interior to the exterior of a home.

What tasks might be needed when replacing balcony doors as under the DBPA?

The necessary tasks under the Act depend on the defined scope from the Regulated Design given by the Design Practitioner.

Potential tasks can encompass constructing a new concrete hob, waterproofing the balcony, installing cavity flashings, setting up new balustrades, and retiling the balcony. The specific tasks will vary based on the type of construction and the condition of the current substrates.

Windowline point out that they are not only registered building practitioners with strong connections to accredited design practitioners but are also fully capable of undertaking any relevant works required under the Design and Building Practitioners Act.

“By choosing Windowline, you gain access to expert advice, and you can rely on us to efficiently manage and execute your project, ensuring professionalism and compliance every step of the way,” they say.

If still you have any questions around your projects and the steps you need to take (if any) to ensure compliance, get in touch with Windowline via their website or call 02 8304 6400 (Sydney) or  07 55203894 (Gold Coast) or email them on info@windowline.com.au.

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    Jimmy-T
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      The whole vexed question of who is responsible for windows and sliding balcony doors has been a frequent topic of discussion on this website – not lea
      [See the full post at: Windows, sliding doors and the DBPA regs]

      The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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