South Australia is introducing a series of new Livable Housing Design Standard (LHDS), energy efficiency and condensation provisions and building concessions, effective 1 October 2024. These new provisions comprise part of the second implementation stage of the National Construction Code (NCC) Series 2022.

The Government will publish a Ministerial Building Standard detailing the circumstances in which concessions and exemptions can be applied to NCC 2022. Factors such as lot size, development type and application lodgement date will determine where dispensations apply.

Planning Application Exemptions

Though the new provisions will come into effect on 1 October 2024, planning applications for Class 1 and Class 2 buildings lodged before this date will not be required to comply. Instead, these applications will be subject to the requirements contained within NCC 2019. The Government is still considering whether applications for dwelling additions and extensions should be exempt but has not yet confirmed anything.

Allotment Size Concessions

Residential buildings located on irregularly shaped allotments under 300m2 and no greater than 10m wide are not required to comply with the updated energy efficiency or LHDS requirements.

Specific LHDS Exemptions

• Prefabricated buildings under 60m2 that are constructed off-site
• Accommodation buildings for workers and tourists

Specific Energy Efficiency Exemptions

• Dwellings within the Mount Barker District Council Master Planned neighbourhoods are exempt until 1 May 2026.
• Accommodation buildings for workers and tourists

It’s worth noting that the Government will review these building concessions and exemptions after 18 months to ensure they are fit for the transition from NCC 2019 to NC2022.

For more information about the Livable Housing Design Standard, click here to download the full guide from the Australian Building Codes Board website.

If you are concerned about how these new provisions may impact your land estate project or want to know which building concessions you may be entitled to, contact our award-winning specialist property and projects team at legal@commercialandlegal.com.au or 08 8206 8444.