New Statement of Compliance to come into effect from 5 April 2024
Published Wednesday, 6 March 2024
From 5 April 2024 there will be a new Statement of Compliance under section 146(2) of the Planning, Development and Infrastructure Act 2016 (the Act). This is to assist builders and owners in the building handover process and will replace the previous version.
The new form (DOCX, 140 KB) must be used from 5 April 2024. This is the form approved for that Statement in accordance with regulation 104(3) of the Planning, Development and Infrastructure (General) Regulations 2017 (the Regulations).
To ensure that building completion is not delayed it is important that all builders, owners and other practitioners are aware of the new process and have updated to the correct version by 5 April 2024.
The new form can be filled in and submitted electronically or downloaded and printed. Any old forms completed after this date will not be compliant and can not be accepted.
A copy of this completed and signed Statement of Compliance must be forwarded by the person signing Part A of the Statement to the relevant authority that issued building consent (either private certifier or local council) at the same time the notice of completion is given under regulation 93(1)(f) of the Regulations. A copy must also be provided to the person or body that will be issuing the Certificate of Occupancy (if required), if it is not the council. Provision of this Statement to these parties may occur via the SA planning portal.
The revised Statement of Compliance is being implemented to help increase building safety through better communication and compliance.
Major changes in this updated form include:
Part A – Licensed building work contractor’s statement has been updated to:
- include new requirements for all Class 1 buildings (replacing the list on the current form that applies to Class 1b buildings). The new requirements are more specific about what works are to be identified as completed
- identify, using check boxes, what items the building work contractor has completed, what items are not applicable to the building, and/or what items are ‘To be completed by owner’. This is to assist relevant authorities in consolidating documentation where multiple Statements of Compliance are issued for one building, alleviating some administrative burden
- require the building work contractor to list the building work included in the development authorisation that has not been completed and will be the responsibility of the person signing Part B – Owner’s statement to complete within the prescribed time frame (other than when those items are identified as ‘To be completed by owner’ in Part A).
Part B – Owner’s statement has been updated to require the owner to:
- certify the builder has, to the best of the owner’s knowledge, completed the building work in accordance with the approved plans
- certify that, where the building is a Class 1a building, they understand they are required to complete, or facilitate the completion of, any items identified as ‘To be completed by owner’
- declare that they understand they may not occupy a building that does not meet the minimum requirements specified in regulation 103H of the Planning, Development and Infrastructure (General) Regulations 2017.
If you have any questions about the new form or any part of the Statement of Compliance process please contact PlanSA@sa.gov.au or phone 1800 752 664.
