The Premises Standards will not apply to any existing buildings until an application for approval of building work is submitted, except where the work is carried out for or on behalf of the Crown (and no application for building approval is required). As the and the are the only portions of an existing ‘new part’ ‘affected part’ building within the scope of the Premises Standards, there is no requirement imposed by the Premises Standards to upgrade or modify any other parts of the building in order to comply. Note on and the BCA ‘affected part’ While access requirements relating to of a building are part of the ‘affected part’ Premises Standards they are not part of the new BCA. State and territory building laws and regulations are being reviewed to address the issue of of a building to ensure consistency with the Premises ‘affected parts’ Standards. Building professionals should refer to their relevant state and territory building laws and regulations for clarification. Note on responsibility of building certifiers and ‘affected part’ It would be unlawful under the Premises Standards to fail to address the requirements when triggered and those responsible for a building ‘affected part’ could be subject to complaint under the DDA as a result. The authority of building certifiers to refuse to allow a project to proceed unless the is addressed is, however, limited to those states and ‘affected part’ territories that have incorporated the provisions in building law. ‘affected part’ See the on authority of building certifiers in relation to the Premises ‘Note on page 8 of this Guideline. Standards’ Subsection 2.1(6) Public transport buildings An public transport is defined by subsection 2.1(6) to mean a ‘existing building’ building (other than a new building) that is the passenger-use area of a Class 9b or Class 10 building used for public transport (being the whole or part of a building). From 1 May 2011, all new public transport buildings are required to comply fully with the Access Code (Part H2). Existing public transport buildings will be required to comply with the Access Code (Part H2) in accordance with the timetable set out in the table at section 3.1 of the Premises Standards.
The Premises Standards will not apply to any existing buildings until an application for approval of building work is submitted, except where the work is carried out for or on behalf of the Crown (and no application for building approval is required). As the ‘new part’ and the ‘affected part’ are the only portions of an existing building within the scope of the Premises Standards, there is no requirement imposed by the Premises Standards to upgrade or modify any other parts of the building in order to comply. Note on ‘affected part’ and the BCA While access requirements relating to ‘affected part’ of a building are part of the Premises Standards they are not part of the new BCA. State and territory building laws and regulations are being reviewed to address the issue of ‘affected parts’ of a building to ensure consistency with the Premises Standards. Building professionals should refer to their relevant state and territory building laws and regulations for clarification. Note on responsibility of building certifiers and ‘affected part’ It would be unlawful under the Premises Standards to fail to address the ‘affected part’ requirements when triggered and those responsible for a building could be subject to complaint under the DDA as a result. The authority of building certifiers to refuse to allow a project to proceed unless the ‘affected part’ is addressed is, however, limited to those states and territories that have incorporated the ‘affected part’ provisions in building law. See the ‘Note on authority of building certifiers in relation to the Premises Standards’ on page 8 of this Guideline. Subsection 2.1(6) Public transport buildings An ‘existing public transport building’ is defined by subsection 2.1(6) to mean a building (other than a new building) that is the passenger-use area of a Class 9b or Class 10 building used for public transport (being the whole or part of a building). From 1 May 2011, all new public transport buildings are required to comply fully with the Access Code (Part H2). Existing public transport buildings will be required to comply with the Access Code (Part H2) in accordance with the timetable set out in the table at section 3.1 of the Premises Standards.
PremisesStandardsGuidelineV2.docx