Building reforms

The Planning, Development and Infrastructure Act 2016 introduces improved building controls to deliver a safe, high quality built environment.

The new system drives a number of changes to the way that building and construction is undertaken in South Australia.

About the building reforms

These changes are designed to support the implementation of South Australia’s new planning and development system, and to respond to areas of emerging need in the building industry, such as ensuring Building Rules compliance.

These reforms will primarily affect building professionals who are responsible for applying South Australia’s Building Rules, namely certifiers, building surveyors and council officers.

The ultimate aim of these changes is to ensure higher standards of assessment and compliance in the building sector to create a safe, durable, high quality built environment for the community.

The new PDI Act will affect the building industry in South Australia via seven key reforms:

Roll out of the Accredited Professionals Scheme

The Accredited Professionals Scheme aims to ensure that decision-makers in the development assessment process are appropriately qualified to make key decisions and that a high standard of ethical conduct and professionalism is met.

The Accredited Professionals Scheme became operational on 1 April 2019.

As part of the scheme, all certifiers, surveyors and council officers will need to be registered and accredited within defined levels and meet Continuing Professional Development standards.

The new scheme also includes revised procedures for complaints; investigations; compliance and enforcement; and auditing.

Revision of building regulations (to be incorporated into the General Regulations of the PDI Act)

New and updated building regulations have now been prepared and are in effect in land not within council boundaries (the outback). They will become operational in regional and metropolitan council areas over the course of the next 12 months.

These building regulations seek to support improved performance and accountability in the building system, and address gaps and areas of emerging need in the building sector.

They are captured in the Planning, Development and Infrastructure (General) Regulations 2017.

Conversion of Minister's Specifications to Ministerial Building Standards

The Ministerial Building Standards will be derived from (and replace) existing Minister’s Specifications, but will be amended and consolidated as required to provide clearer building rules related to South Australian variations under the National Construction Code.

These Standards will continue to address issues such as adaptive re-use and maintenance of essential safety provisions.

Find a Ministerial Building Standard

Ministerial Building Standard 001 – Upgrading health and safety in existing buildings

Developed with industry assistance and originally adopted in 2017, this standard offers an alternative means of compliance to the Building Code when upgrading health and safety in existing buildings.

Ministerial Building Standard 002 – Maintaining the performance of essential safety provisions

The standards and other requirements for the ongoing maintenance and testing of essential safety provisions in buildings are set out in this standard.

Ministerial Building Standard 003 – Fire safety in caravan parks and residential parks 

This standard has requirements for separation distances to be provided between caravans in caravan parks and residential parks to prevent fire spread and for water to be provided for occupants to use to fight a fire.

Ministerial Building Standard 004 – Swimming pool safety - designated safety features for pools built before 1 July 1993

This standard sets out the safety features that a swimming pool built before July 1993 must have when a prescribed event occurs that triggers compliance with the standard (eg at point of sale of the property).

Ministerial Building Standard 005 – Additional requirements for housing on designated Aboriginal lands

This is a longstanding standard that requires increased levels of durability, sustainability, health and safety to be provided for housing in areas that are subject to harsh environments and where access to maintenance facilities is minimal.

Ministerial Building Standard 006 – Modifications to the application of the Building Code

Contains existing provisions clarifying the use of claims of unjustifiable hardship when considering provision of access in buildings, and the application of the Building Code to existing buildings when a land division occurs.

Ministerial Building Standard 007 – Modifications to the Building Code of Australia 2019 edition

Contains corrections to the 2019 version of the Building Code, which were adopted in South Australia under the Development Act 1993 on 1 May 2019 by a notice in the Government Gazette, and are now also adopted under the Planning, Development and Infrastructure Act 2016 via this Standard.

Creation of new council inspection policies

A state-wide set of council inspection policies will be created to foster a more consistent and greater level of compliance across council regions. These will be tailored to meet a range of council requirements. This is a change from the current system whereby councils determine many of their own inspection policies based on set criteria.

Find an inspection policy

Creation of new stand-alone swimming pool regulations

Modernising South Australia’s building system has involved identifying local issues that require stand-alone regulations. This includes swimming pool compliance and safety which has been recognised as a regulatory area requiring improved management in our state.

As such, stand-alone regulations for swimming pools have now been prepared separately to the General Regulations of the PDI Act.

Revised fees and charges to support the new planning system

A revised fee structure has now been prepared for the new planning system to consolidate and simplify existing development fees and ensure that they more accurately reflect the level of services delivered.

The revised fee structure incorporates all fees associated with development assessment in South Australia under the PDI Act, including the Accredited Professionals Scheme, and is now operational in the outback regions of South Australia (land not within council boundaries).

Delivery of the state-wide ePlanning platform for development assessment (including building rules consent)

South Australia’s paper-based planning system will soon migrate to a state-wide ePlanning platform. As part of this change, all development applications across the state will be lodged via the SA Planning Portal.

In this future state, the portal will become the ‘one-stop-shop’ for building practitioner registration, building approvals and building inspection records. All Ministerial Building Standards, building regulations and council inspection policies will also be housed on the SA Planning Portal.

Consultation

A record of public consultation relating to this scheme is listed below.

Closed 1 March 2019

This consultation has closed.

The draft Development Assessment Regulations and Practice Directions set out how the new development assessment framework will operate in the new planning system.

Your input is being used to inform the draft Regulations and Practice Directions to help set out the new framework for planning and development in South Australia.

A What We Have Heard report based on feedback received has been circulated to all engagement participants and published on this page.

Documents

Submissions received

Closed 18 December 2019

This consultation has closed.

The draft Inspection Policies Practice Direction has been issued under section 144 of the Planning, Development and Infrastructure Act 2016 (PDI Act) and has been informed by expert advice from the State Planning Commission’s Building Committee and other industry stakeholders.

The draft practice direction outlines proposed inspection levels and is intended to set minimum mandatory requirements that councils must comply with under the PDI Act.

Consultation on the draft Inspection Policies Practice Direction closed on 18 December 2019. A What We Have Heard report based on feedback received has now been published.

Documents

Submissions received

Closed 15 November 2019

This consultation has closed.

The new Plannning, Development and Infrastructure Act 2016 has introduced a number of changes to the way that building and construction is to be undertaken in South Australia, including the conversion of Ministerial Building Specifications to Ministerial Building Standards.

The new Ministerial Building Standards seek to improve the quality and safety of building work across the state and provide clearer building rules under the National Construction Code.

Documents

Closed 26 April 2019

This consultation has closed.

The new Plannning, Development and Infrastructure Act 2016 has introduced a number of changes to the way that building and construction is to be undertaken in South Australia, including the conversion of Ministerial Building Specifications to Ministerial Building Standards.The new Ministerial Building Standards seek to improve the quality and safety of building work across the state and provide clearer building rules under the National Construction Code.Consultation has now closed on the first five Ministerial Building Standards.

Documents

Documents

If you can't find a document, try searching PlanSA's resources library.