The regulatory measures and construction laws referred to in this report are based on assumption that a proper and valid due diligence will be performed by the contractor and the builder. Although all this may not be essential for a small, simple building, the ‘art’ of evaluation and retrospective has progressed, even in case of existing buildings, to a point where a nonlinear behaviour needs consideration. Even if an evaluation analysis is not carried out, it is essential that the relationship of primary elements and the likely secondary element failure modes are studied carefully for identifying the potential failures or any unexpected nonlinear responses. Before a structural analysis is undertaken, it is essential for the stakeholders to evaluate, as much as possible, the studies of local conditions and the buildings’ capacity relationships. These studies will allow exposure of potentially serious flaws in the construction method and will also help in determining the details required to be obtained for a successful structure. As a result of these studies, retrospective measures can be inserted into the construction model and the building is safe for the occupants.
The following policies of the State Environmental Planning Policy (Affordable Rental Housing), 2009 (SEPP, 2009) are applicable –
Division 20 of SEPP, 2009 states that the Division applies to land which lies within one of the following land use zones only if development is for the purpose of a dwelling house:
(a) Zone R1 – General Residential.
(b) Zone R2 – Low Density Residential.
(c) Zone R3 – Medium Density Residential.
(d) Zone R4 – High Density Residential.
(e) Zone R5 – Large Lot Residential.
Dial before you Dig
This is covered under regulations the Electricity Supply (General) Regulation, 2001 and the Gas Supply (Safety and Network Management) Regulation, 2013. (Sexton & Bogusz, 2013) say that under these regulations, Dial Before You Dig is to be notified for –
Soil Classification
Contaminated Land Management Act, 1997 (CLM Act) managed by Office of Environment and Heritage, establishes that where contamination is present there is a significant risk to the environment. Hence, it is mandatory to obtain the Environment Protection Licence 13007, which allows for the safety of certain types of wastes in the soil at the repository site under PEOA Act, 1997, (Sexton & Bogusz, 2013).
Deposited Plan & Easements
Deposited Plans
The Registrar General has issued certain Guidelines for Deposited Plans under the initiative of Land and Property Information (LPI). In Australia, there are three systems for land titling – The New South Wales Torrens Title; The Old System Title and The Crown Title, (Erp & Akkermans (ed), 2012). Under the principle of the Torrens Title system, every current parcel needs to be based on a plan of survey which defines its boundaries. Any parcel of the Old System or the Crown Title which is converted to the Torrens Title is also required to be based on a suitable plan so that a first certificate of title can be issued. Hence, whenever it is required to create a new parcel or there is a subdivide of an existing parcel of land, a plan depicting the new boundaries should be prepared for lodgement and registration in LPI, (McFarlane, Hopkins & Nield, 2012).
Easements for physical structures are to be created over an existing physical structure which is not visible. It is sufficient to indicate the site of the easement through a single broken line showing its approximate position on the plan, (King, 2015).
Construction Techniques
Regulation 289 states that construction work is defined – Quote: as any work carried out in connection with construction, alteration, conversion, fitting-out, commissioning, renovation, repair, maintenance, refurbishment, demolition, decommissioning or dismantling of a structure. Construction work can be commercial, civil or housing construction. Unquote.
Building Materials
In New South Wales, the legislation which deals with regulation and licensing of residential building industry is the Home Building Act, 1989 (NSWHB Act). It is applicable to all residential building work undertaken on or after 1 May 1997, (Hinkel, 2010). The NSWHB Act implies the following statutory warranties into every work contract for residential building work, (Megarry et al, 2012). These are –
Working Condition
State of NSW administers and provides advice on the Work Health and Safety, Act 2011 and the Work Health and Safety Regulation, 2011 for all classes of workers. NSW state has compensation schemes for all classes of workers which are administered through the Workers Compensation Act, the Workplace Injury Management and Workers Compensation Act, the Workers Compensation Regulation and the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act.
Engineers who are conducting assessment of the structural engineering of an existing building, should review the original design, construction documents and drawings, including the as-built drawings, if available, prior to their visiting the building for inspection, (Ashworth & Perera, 2015). This review will help the engineer to:
Primary Elements are the basic components of the building’s structure above the substructure, excluding secondary elements, finishes, services and fittings.
Secondary Elements are the elements used for the completion of the building’s structure including completion around and within openings in primary elements.
Engineers should notify their employers and clients that if, during course of their inspection, they encounter a situation which can endanger the safety or welfare of the users, for example, if there is a hazardous material, which was previously unreported and is found during the course of inspection, (Ashworth & Perera, 2015).
The parts of the building, which provide the basic load bearing capacity to the building’s structure, such as footings, foundations, floor framing, the load bearing walls and beams or columns. The term ‘Primary Elements’ also includes other structural elements of the building, including: those which provide a level of personal protection, including handrails; stairways and the floorboards, (Karadimitrio, Magalhaes & Verhage, 2013).
Secondary elements are those parts of a building’s structure which do not provide any loadbearing capacity to the building’s structure. These also include the non-essential elements, such as partitions, wall linings, false ceilings, chimneys, windows, glazing and doors, (Karadimitrio, Magalhaes & Verhage, 2013).
The Building Code of Australia (BCA), a national code, has been produced and is maintained by the Australian Building Codes Board (ABCB). ABCB classifies the buildings under different types as per their use, (King, 2015). In this respect, ABCB has published the National Construction Code (NCC), which states a uniform set of technical provisions which are used for designing and construction of buildings and other structures throughout Australia (See Appendix – 7.10 for the Building Approval Process). In this report, from the list of the different building classes (Class 1 to Class 10), the focus is on Class 1 building which can be a single dwelling being
(i) a detached house or
(ii) one of a group of two or more attached dwellings.
or
Class 1b – a building or a house
(i) with a total area of all floors not exceeding 300 m2 measured over the enclosing walls of the Class 1b and
(ii) in which not more than 12 persons would ordinarily be resident
and which is not located above or below another dwelling or another Class of building, other than a private garage, (King, 2015).
Plumbing Code
The Plumbing Code of Australia (PCA) is a technical standard to be used for all plumbing and drainage works in the state of NSW. Hence, all plumbing and drainage works in NSW state should comply with the PCA. The PCA has set out performance requirements for designs, construction, installations, replacement or repairs or alteration and maintenance of all plumbing and drainage installations. They are required to be compliant with IS Code AS/NZS 3500, (Ashworth & Perera, 2015).
List Relevant Australian Standards
Section 3: Building Standards
The Building Act is based on the Building Code of Australia (BCA) and Volumes One and Two of the National Construction Code and is the primary applicable building standard for all types of new buildings and new building works, (Erp & Akkermans (ed), 2012). These standards are applicable irrespective of whether a building permit is required or not. Similarly, applicable building standards are there for all kinds of demolition work as shown in Appendix – 7.1. which are required to be complied with. The applicable building standards, as outlined in Part 4 of the Building Regulations for private swimming pools; relocated buildings and incidental structures are shown in Appendix – 7.1. at the end of this paper.
Conclusion
If signs of structural distress are noticed but their causes are not known, it is essential that structural analyses be conducted for determining whether the original designs were compliant with prevailing standards or whether the structures have become overloaded for other reasons. These analyses require review of the original drawings and documents and measurements of the existing members. It is essential that the structural analysis is done as referred to in the latest applicable building codes. Engineers should obtain information, such as the strength of concrete, about the construction materials used and if required, through non-destructive tests, which may be conducted. If required, an engineer, having expertise in material management should be retained for this purpose.
Reference List
Ashworth, A. and Perera, S. 2015 Cost Studies of Buildings, 6th ed. Oxon: Routledge.
Baum, A. and Baum, Prof A. 2015 Real Estate Investment: A Strategic Approach, 3rd ed. Oxon: Routledge.
Erp, Sjef van and Akkermans, Bram (ed). 2012 Cases, Materials and Text on Property Law. London: Bloomsbury Publishing.
Hinkel, Daniel F. 2010 Practical Real Estate Law, 6th ed. Boca Raton, FL: Cengage Learning.
Karadimitrio, N., Magalhaes, C. and Verhage, R. 2013 Planning, Risk, and Property Development: Urban Regeneration in the England, France, and the Netherlands. Oxon: Routledge.
King, Sarah. 2015 Beginning Land Law. Oxon: Routledge.
McFarlane, Ben, Hopkins, Nicholas and Nield, Sarah. 2012 Land Law: Text, Cases, and Materials. Oxford: Oxford University Press.
Megarry, Robert, Wade, William, Harpum, Charles, Bridge, Stuart and Dixon, Martin J. 2012 The Law of Real Property, 8th ed. New York: Sweet & Maxwell.
Sexton, Roger and Bogusz, Barbara. 2013 Complete Land Law: Text, Cases, and Materials Oxford: Oxford University Press.
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