National Construction Code 2022: Livable Housing Provisions

Presented by Simon Croft, HIA / Peter Zagorski, HIA

Duration: 45 minutes

Flagged in 2019 as a likely new requirement in the code, in April 2021, Building Ministers agreed to the inclusion of mandatory livable housing provisions for NCC 2022.

All types of houses (Class 1a) and apartments (Class 2) are included, meaning both Volumes One and Two have a new section which reference a new ABCB Livable Housing Standard. The changes are significant across the nation, however, they are arguably more impactful in Tasmania due to the topographical makeup of our state’s cities, towns and suburbs.

The new provisions will require:

- A step-free path of travel from the boundary to the front or entrance door, which can incorporate either an access path or ramps. The path must satisfy minimum width and gradient requirements.

- A step-free level entrance into the dwelling that can incorporate a step ramp or a threshold of a maximum height. A door sill can be used with restrictions on the height profile. A landing is also required at the entrance.

- A minimum of 820mm clear width of opening for the entrance door and doors to habitable rooms, sanitary compartment and laundry (where located) on that entrance level.

- Level thresholds or a maximum 5mm lip to internal doors that require the minimum 820mm clear width.

- Minimum clear width of one metre for corridors connecting doorways that require the minimum opening.

- A toilet on the ground or entrance level with minimum width of opposing walls either side of the pan and 1.2-metre clear space to door swing in front of the pan.

- One shower in the dwelling that is step free and hobless. This shower does not have to be located on the ground or entry level. ‘Step free’ for the shower means a maximum 5mm lip or rebate (a shower screen can still be used).

- Reinforcing to the framing surrounding the toilet, shower and bath, such as nogging or sheeting, to enable future installation of grab rails.

While many of these changes are inside the dwelling, it’s important to understand how the provisions extend beyond the house, into things such as paths and landscaping, and the impact on internal room dimensions and layouts, this is a focus for this informative presentation.

The changes will be in NCC 2022, but each state and territory is responsible for when the changes will start and whether any exemptions will apply. The Tasmanian Government committed to a commencement date of 1 October 2024 for Livable Housing Provisions.

Ban on Engineered Stone

Presented by Benjamin Price, HIA

Duration: 15 mins

Engineered stone, also known as artificial composite stone, reconstituted stone, manufactured stone, or agglomerate stone, is a man-made composite material that is made by mixing crushed stone with a resin binder. This material is manufactured in a factory and can be customised to meet the specific needs of a construction project. It is designed to mimic the appearance of natural stone while offering certain advantages. One of the benefits of engineered stone is that it is extremely durable and resistant to scratches, stains, and heat. It is also nonporous, which makes it easy to clean and maintain. Engineered stone is most commonly used for bathroom and kitchen surfaces, particularly splash backs, flooring, countertops, and benchtops.

Despite its many benefits, engineered stone can pose health risks to workers involved in its production and installation. Engineered stone materials can contain high levels of respirable crystalline silica, which can be released into the air as dust during the manufacturing process. Workers who breathe in this dust are at risk of developing silicosis, a lung disease that can be fatal. Other respiratory diseases can also develop because of exposure to the dust.

Despite uncertainty in relation to the implementation time frames for Tasmania due to caretaker arrangements as a result of the Tasmanian House of Assembly Election, the announcement by the previous government is likely to be progressed by the future government. The ban on engineered stone, whenever it is commenced, has significant contract implications for building contractors contracting for residential building work under the Residential Building Work Contracts and Dispute Resolution Act 2016. ‘

This presentation will serve to update and inform participants of the announcements in respect of the ban, note the uncertainty with respect to time frames in Tasmania, and most important inform them of important contract considerations that participants should be aware of.

Outcomes will be for participants to be able to discuss these contractual issues with their current and prospective clients, and alert some participants to any issues that may then prompt them to seek out further advice, including legal advice where appropriate.

Brief economic, policy and training and workplace skills issues impacting the Residential Construction Industry

Presented by Benjamin Price, HIA (content prepared by HIA Economics)

Duration: 10 minutes

The detached housing market continues its descent toward a widely anticipated trough. Across all metrics, the outlook suggests that the volume of detached home construction will continue to decline in 2024. This is despite the persistence of an acute shortage of housing, a robust national economy and escalating prices for established homes. If these conditions are sustained, then detached home building should start to recover in

2024/25.

The downturn in home building activity is not evident in lagging indicators of activity, and the relatively robust national economy suggests that a cut to the cash rate in 2024 is increasingly uncertain. Even in the absence of a rate cut, and if unemployment remains low, the underlying demand for homes is expected to see sales of new homes pick up in 2024 leading to a modest recovery in starts in the latter half of 2024. Given pent-up demand for homes and low unemployment, a recovery in starts is not dependent on a cut to the cash rate, but a return to a stable economic outlook for households.

Policy reforms aimed at achieving the Australian Government's goal of 1.2 million new homes is an upside risk to this outlook if the reforms include lower taxes on home building, lower construction costs and/or decreasing land costs. Without these reforms, the rebound in detached home building activity will be hindered by the elevated cash rate, constrained household spending, and increased costs in delivering a new home.

This brief presentation on economic issues will also include impacts in respect to workplace shortages and predicted flow-on impacts to construction activity, highlighting the need for further workforce development to support the delivery of housing for Tasmania.

Tasmanian State Election: Housing Priorities

Presented by Benjamin Price, HIA

Duration: 5 minutes

The Tasmanian State Election has seen significant focus on housing and residential construction. The policies announced by both major parties will have impacts on the residential construction sector, and are worth noting for consideration of participants.

Federal Industrial Relations Reforms and what these mean for small business

Presented by Benjamin Price, HIA

Duration: 1 hour

Over the last 18 months we have seen the federal government move ahead with significant reforms which have made changes to the industrial relations system.

This has been a result of two major pieces of Commonwealth legislation having recently passed the Australian Parliament, being the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.

These changes are critical for businesses in Australia to know and understand, including for residential construction businesses in Tasmania.

HIA will provide an overview of the changes, covering those that will impact construction employees and contractors tailored to the residential building industry.

Specific topics include:

- Changes to penalties, including the new offence of wage theft.

- The impact of the reforms on independent contracting, including the new definition of employment and the new role of the Fair Work Commission in determining disputes about unfair contract terms.

- The expanded role and powers of unions.

- Changes to casual employment arrangements.

- The new right to disconnect.

- Changes to the obligations in relation to preventing sexual harassment at the workplace, include the new positive duty to take steps to eliminate sexual harassment and a prohibition on conduct that could result in a hostile work environment.

- Changes to the National Employment Standards to include 10 days paid family and domestic violence leave and superannuation.

Legal issues: ‘Back to Basics’

Presented by Amanda Zucker, Simmons Wolfhagen

Duration: 45 minutes

A presentation from renowned construction lawyer, Amanda Zucker from Simmons Wolfhagen, to cover the most common legal queries, and emerging legal matters, experienced within the residential building and construction sector.

This presentation includes:

1. the correct processes, and matters to be aware/cautious of, in relation to Contract Variations when progressing contract variations lawfully under the Residential Building Work Contracts and Dispute Resolution Act 2016;
2. Dealing with defective building work in a compliant way under the Residential Building Work Contracts and Dispute Resolution Act 2016, with consideration to avoid disputes, and to ensure compliant outcomes for consumers and clients;
3. Appropriately navigating and communicating time extensions under contracts, where and when they arise, whilst complying with contractual requirements and the requirements as set out in the Residential Building Work Contracts and Dispute Resolution Act 2016.

This session will include a valuable Q&A component, allowing participants to ask a number of additional queries relating to the above points.

Learning Outcomes

At the conclusion of the April Industry Forums, participants will have achieved the following outcomes:

Ban on Engineered Stone under Work Health and Safety legislation

- Understand the potential impacts of the ban on engineered stone;

- Have greater clarification of the likely time frames for the ban in Tasmania;

- Understand the definition of ‘engineered stone’ agreed by other jurisdictions, noting Tasmanian Government will not be participating in the WHS Ministers’ Meeting in March 2024;

- Have an understanding of how to navigate complex conversations with clients in relation to contractual impacts of engineered stone ban.

Livable Housing Provisions of NCC2022

- Understand the new livable housing requirements for Class 1A and Class 2 buildings under the NCC;

- Know the date on which these livable housing requirements take effect;

- Understand how to comply with the livable housing standard;

- Adapt design and building practices to meet the new requirements on livable housing;

- Provide guidance to trades, suppliers and clients on the livable housing changes.

Economic, policy and training and workplace skills issues impacting the Residential Construction Industry

- Be updated in relation to the current economic circumstances across both Australia and, most importantly, Tasmania;

- Understand HIA’s forecasts in relation to residential building and construction activity for Tasmania.

Tasmanian Election: Housing Priorities and their impact on industry

- Understand the proposed policies announced by all major parties for the recent Tasmanian State Election, including how those policies, if implemented, may impact the Tasmanian residential construction sector.

Federal Industrial Relations Reforms

- Participants will understand the major reforms passed through the Australian Parliament that will/have impacted Australian businesses.

‘Back to Basics’ (Amanda Zucker, Simmons Wolfhagen)

- Participants will understand:

• • the correct processes, and matters to be aware/cautious of, in relation to Contract Variations when progressing contract variations lawfully under the Residential Building Work Contracts and Dispute Resolution Act 2016;
  • Dealing with defective building work in a compliant way under the Residential Building Work Contracts and Dispute Resolution Act 2016, with consideration to avoid disputes, and to ensure compliant outcomes for consumers and clients;
  • Appropriately navigating and communicating time extensions under contracts, where and when they arise, whilst complying with contractual requirements and the requirements as set out in the Residential Building Work Contracts and Dispute Resolution Act 2016.