Delay for some building projects? New design rules for ground anchors ...
The commencement of many new building projects may be delayed by new design rules for ground anchors in multi-dwelling buildings.
This is just one of the consequences of the new Design and Building Practitioners Act. The Act came into full effect earlier this month (on 1 July 2021).
The new rules apply to the construction of any building that includes a ‘class 2’ component (that is, a building that contains two or more sole-occupancy units). This includes a mixed-use building (that contains at least two dwellings).
The design of a load-bearing component of such a building (that is essential to the stability for any part of the building) is a ‘regulated design’.?This would include, for example, temporary ground anchoring of load-bearing basement walls.
The government has published rules about regulated designs.?There are rules that govern regulated designs for ground anchors — if any part of the ground anchor will extend onto a neighbouring property.
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When this happens, a regulated design must include evidence of a registered easement over the neighbouring property granting the right to install an anchor on that property.?(The requirement does not apply to a neighbouring public road where a consent under the Roads Act 1993 has been granted by the local council as roads authority.)
This will be real burden for builders and developers when installing temporary anchors on neighbouring properties.?At present, a deed of licence with the neighbour would ordinarily be regarded as sufficient to manage this situation.?A requirement to negotiate and register an easement (even a temporary easement) will probably prove challenging.?Many neighbouring landowners may simply not agree to burden their title.?In some circumstances, this may force the use of more costly construction methods.
The required easement would need to be registered before the regulated design is subject to a design compliance declaration.?Building work cannot start without such a declaration.
This is probably going to be one of many early problems with the new layer of buidling regulation.?Hopefully the NSW Government will be paying attention and will be willing to adjust the rules in response to any regularity overreach (such as this). Let’s see.
Mills Oakley’s recent article on the new legislative regime is here.?
Head of Planning & Development at Lateral Estate
3 年Great article as always Aaron. Can't see how a registered easement would benefit. You are right that a Deed of Licence is sufficient and already involves neighbours engaging lawyers and structural engineers. It can take many many months to resolve.A registered easement could involve mortgagees, insurers and others adding further complexity and delays. This component of the legislation needs to be repealed urgently.