Transitional arrangements

The general concession applies to:

• Class 1 homes where a development application has been lodged prior to 1 October 2024
• individual apartments within Class 2 apartment buildings where a development application has been lodged prior to 1 October 2024
• alterations and/or additions to existing Class 1 homes where a development application has been lodged prior to 1 May 2025.

The general concession means that:

• energy efficiency can be considered under NCC 2019
• condensation management can be considered under NCC 2019
• livable housing design provisions do not apply.

Applications to vary a consent issued under the general concession will be reviewed to confirm if they can be assessed as a variation or require a new application.

• variations can be assessed under the relevant parts of NCC 2019
• new applications must comply with NCC 2022.

The concession to the NCC 2022 energy efficiency requirements for thermal performance (7-star) allows some homes to be built to the NCC 2019 thermal performance requirements (6-star). They must still comply with the NCC 2022 energy usage and condensation management requirements.

This concession applies to new Class 1 homes to be:

• constructed on a small or irregular allotment created as part of a land division application lodged prior to 1 January 2024 – application for building consent must be lodged prior to 1 January 2027
• constructed on an existing small or irregular allotment as of 1 October 2024
• used as workers’ accommodation or tourist accommodation
• located in the Master Planned Neighbourhood Zone of Mount Barker – application for building consent must be lodged prior to 1 May 2026
• manufactured off site with a floor area of 60 square metres or less
• manufactured off site and located in a designated location.

The concession means that the new livable housing design requirements do not apply to some homes. These homes must still provide wall reinforcement to facilitate the future installation of grab rails.

This concession applies to Class 1a homes:

• constructed on a small or irregular allotment created as part of a land division application lodged prior to 1 January 2024 – application for building consent must be lodged prior to 1 January 2027
• constructed on an existing small or irregular allotment as of 1 October 2024
• used as workers’ accommodation or tourist accommodation
• manufactured off-site with a floor area of 60 square metres or less.

Ministerial Building Standard 007 Modifications to the Building Code of Australia (MBS 007) outlines how the livable housing and energy efficiency provisions in the NCC 2022 apply to new building work in South Australia.

For the purposes of MBS 007, lodged means an application has been lodged electronically via the SA planning portal, lodged with the relevant authority at the principal office of the relevant authority, or lodged with an accredited professional in such manner as the accredited professional may require as per regulations 29(1) and 29(2) of the Planning, Development and Infrastructure (General) Regulations 2017.

Addition means an extension or increase in floor area, number of storeys, or height of an existing dwelling.

Alteration means any change to an existing dwelling involving building work within the curtilage of the existing walls floor and roof or the relocation of a building on land that is required by the Regulations to comply with the Building Rules.

Small allotment means an allotment with a primary street frontage of 10 metres or less.

Irregular allotment means an allotment with an area less than 300 square metres which is unable to contain a 9 metre x 15 metre rectangle beyond the primary street setback.

Manufactured off site means a transportable building or tiny house without wheels.

Designated location means Climate Zone 4, a local government area listed in Table A, or an area not located with a local government area.