Protecting heritage in the NSW Building Act

As Chair of the Heritage Council of NSW’s Technical Advisory Panel (TAP), David spoke on behalf of the TAP highlighting heritage concerns about the NSW Building Bill, which is likely to be enacted within the next few months.

A major concern with the new legislation is that it will become more onerous for owners of heritage buildings, particularly regarding fire safety compliance and demonstrating the adequate performance of traditional construction. The Act will require building work, including alterations and additions to existing buildings, to comply with the National Construction Code (NCC), including the Building Code of Australia (BCA), and all relevant Australian Standards. Without dispensations in the new legislation, changes to heritage buildings will be required to be assessed under legislation and against standards that are written for new buildings and assume modern building materials and construction methods.

This creates challenges for heritage buildings, where certifiers are often unwilling to certify alterations or additions to heritage buildings as compliance with modern construction standards can’t be demonstrated (even though most of these buildings have performed perfectly well for more than a century). As a result, building owners face a difficult choice—engaging experts to develop costly performance solutions or making physical changes that comply with the codes but all too often result in adverse heritage impacts.

With private certifiers increasingly cautious due to liability risks, obtaining the necessary approvals for work to heritage buildings may become even more difficult—potentially leading to further loss of heritage fabric. The TAP is concerned that, unless there are exemptions and/or dispensations for heritage buildings, the new Act may further exacerbate this situation.

To address these issues, the presentation to HCOANZ recommended the preparation of a Guideline document for heritage buildings incorporating information about the fire resistance of traditional construction typologies and the level of weatherproofing that heritage structures could be expected to provide. The TAP also recommended engaging with the Australian Building Codes Board (ABCB) with the view to referencing such a Guideline in the BCA and with potential also for cross-referencing in the forthcoming NSW Building Act Regulations.

The presentation was well received with HCOANZ tasking the Heritage Council of NSW with leading the next steps. As Chair of the TAP, David will continue to advocate for ways that the new legislation can protect heritage while ensuring buildings remain safe and functional.