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Bega Valley Shire CouncilBega Valley Shire Council

Pathway Home - Rebuilding

Rebuildiing Your Home - Checklist for New Dwellinigs

We are working with our community in the rebuilding efforts following the recent events. All rebuild applications will be fast tracked to help you get back into your homes.

This checklist is designed to help guide you through what you need to do to rebuild.
To achieve a streamlined, fast development process, we recommend you engage the services of a suitably qualified building consultant/designer to put your application together for you.

The steps to build your new home - Building Back Better

This checklist is designed to help guide you through what you need to do to rebuild.

To achieve a streamlined, fast development process, we recommend you engage the services of a suitably qualified building consultant/designer to put your application together for you.

We're here to help

If after reading the following information, you have any questions regarding the rebuild process, please contact the Development Hub on (02) 6499 2209 or email developmenthub@begavalley.nsw.gov.au

Step 1 - How do I know if I can rebuild?

To confirm if your property does have a building entitlement you can email developmenthub@begavalley.nsw.gov.au.  Please include your property address, Lot/s & DP if possible and we will research this for you. Once you have this information, you’ll need to put together a development application (DA).

Step 2 - Determine building constraints

Arrange free Council site inspection – to discuss Bushfire Attack Level (BAL), OSM & biodiversity assessment requirements. Call Council on (02) 64992209 to arrange an inspection.

Step 3 - The exciting part - designing your new home

We would recommend you engage the services of a suitably qualified building consultant/designer/draftsperson to put together your house plans. Before you book in to meet with your consultant, there’s a few things that you need to consider:

  • Your new home layout and look
    • If you are considering using the exact plans of your previous home, you can obtain a copy through Customer Service by submitting a Request to view Property File/DA File Form. Its completely free and will allow you to obtain copies of your previous home. You can take these to your consultant to get updated plans drawn to meet legislative building standards.
  • The Bushfire Attack Level (BAL) rating
  • Are you going to use a Licenced Builder or are you going to do Owner Builder?
  • Design to minimise clearing of native vegetation as far as possible as this will protect habitat for native species and require less biodiversity assessment.

For homes with young families or older occupants it is well worth considering a design that meets the Liveable Housing Design Guidelines(pdf)

Step 4 - Lodging your Development Application

The forms you need to lodge your Development Application:

The Development Application should include:

  • Development Application Form
  • Statement of Environmental Effects
  • Cost Summary Report
  • Application to Install, Construct or Alter and operate a system of On-site Sewage Management (OSM). If you would like to have your existing OSM system inspected to ensure a new dwelling can be connected into it, please advise us and we can arrange this inspection for you at no cost.
  • Application to Install Oil or Solid Fuel Heating Appliance (this is only required if installing a wood burning heater)
  • Performance of Certification Work Contract of Agreement (if you are using Council for the certification/inspections)
  • A Section 138 (only if any works are proposed over the Council road reserve. i.e. new driveways)
  • An Occupational Hygienist’s Clearance Certificate (if your site had asbestos – provided by Public Works)
  • Your Site Plan
  • Your House Plan which includes:
    • Floor plan (with smoke alarms to be shown)
    • Any wood burning heaters that are included
    • Specifications
    • Elevations
    • Finished floor levels
    • North point shown on the plans
    • For rural and residential development, contour and level details that extend to the public road, not just to the boundary of the property.
    • Engineering details if applying for a Construction Certificate
  • A BASIX Certificate (Your new homes energy efficiency report)
  • An Aboriginal Heritage Information Management Systems (AHIMS) report
  • An Aboriginal Due Diligence Statement
  • A Biodiversity Values Map & Threshold Tool (BMAT) report  - If clearing native vegetation (including shrubs and groundcover) as part of the DA
  • Potentially a statement addressing the SEPP (Koala Habitat Protection)

What are the fees involved?

All Council application fees associated with the lodgement of a development application, including any pre-lodgement advice, a construction certificate and other certificates for current owners to rebuild their lost or damaged buildings or subsequent inspections have been waived.

However, Section 7.11/7.12 Contributions may still be required to be paid (unless the dwelling to be replaced was constructed prior to 1965). If you would like to know if any Contributions will be payable for the rebuild please email developmenthub@begavalley.nsw.gov.au with the word ‘Contributions’ in the subject line and the property address.

Step 5 - Your construction Certificate and Development Consent

Once your Development Application has been approved and Contributions are paid (if applicable), you will receive a Construction Certificate (if Council is your appointed Certifer).
A Construction Certificate confirms that the construction plans and development specifications are consistent with the development consent, and comply with the Building Code of Australia and any other Council requirements. A Construction Certificate can be issued by Council or a private certifier.  Your Construction Certificate will contain all the information you need to know about the inspections required throughout the build process.

When you have your Construction Certificate and Development Consent, you can start by submitting:

  • Your Notice of Commencement form; and
  • Your Plumber will submit a Notice of Works form

You can now start building.

Step 6 - Rebuild to specifications

Your builder or contractors will need to build to the plans and specifications. The inspections as outlined in the Development Consent will need to be followed throughout the process.

Step 7 - Receive your Final Occupation Certificate

When the building is complete, arrange through Council, or your private certifier an occupation inspection. Provided the home is built to specifications, you will receive your Final Occupation Certificate and Part Final Occupation Certificate. You can then move into your brand new home.

 

Questions and Answers

 

 

Useful Information

Quick links


How do I find out the Bushfire Attack Level (BAL) Rating?

Your level of bush fire risk affects your development requirements – the higher the risk, the more protection you need. We use the term ‘bush fire attack level’, or BAL, to quantify this risk. Your level of bush fire risk is affected by the area you live, the vegetation, the distance from the vegetation to your home, and the slope. As part of your rebuild process, you will need to confirm your BAL in a written report.

Council can arrange for one of our staff to visit your property and determine your BAL rating for you.  This will be only up to BAL 40 (not flame zone).  If you would like this service provided, please email developmenthub@begavalley.nsw.gov.au and in the subject line include the words BAL assessment, your property address and your Lot Number and DP.

You can also find out your bushfire category by calling the Development Hub on (02) 6499 2209 or going to NSW Planning Portal website www.planningportal.nsw.gov.au

  • Click on Find a Property
  • Enter property address or Lot & DP
  • On the left hand side of the screen under Hazard – click the down arrow and click in the box next to Bushfire Prone Land
  • On the right hand side of the screen click the + symbol next to Bushfire Prone Land
  • This will then show the bushfire category/categories relevant to your property.
  • For category 1, 2 or 3 vegetation/grasslands or vegetation buffer you will need to complete Section Two Bushfire Assessment on pages 19-24 of Building in bush fire prone areas Single Dwelling Application kit to determine your BAL rating.

This document can be found at: www.rfs.nsw.gov.au/__data/assets/pdf_file/0017/4355/Guidelines-for-Single-Dwelling-Development-Applications.pdf

If you need to engage the services of a Bushfire Planning and Design Consultant (BPAD), a list of accredited assessors can be found at www.fpaa.com.au

Please contact the Development Hub on (02) 6499 2209 should you need any further assistance.


Biodiversity Assessment

Biodiversity legislation can be complex and Council is committed to helping post fire rebuilds through the biodiversity assessment process as smoothly as possible. Contact Council as early as possible in the planning phase to discuss any biodiversity assessments/reports that may be required.

For rebuilds with minimal biodiversity impacts, e.g. rebuilding on the existing site with minimal requirement for native vegetation clearing, council will undertake any assessments on behalf of the applicant. Should more extensive clearing be required, e.g. rebuilding on a new site or extensive clearing for Asset Protection Zones or new access, council will advise the applicant on the biodiversity assessment requirements and who will be responsible for undertaking that assessment.

Implications of the following pieces of legislation will be considered in any post fire rebuild DA Assessment:

Biodiversity Conservation Act

The Biodiversity Offset Scheme threshold (BOS) Threshold is a test used to determine when is necessary to engage an accredited assessor to apply the Biodiversity Assessment Method (the BAM) to assess the impacts of a proposal.  

The thresholds for entry into the BOS are any of the following:

  1. Development is located on the Biodiversity Values Map
  2. Area clearing threshold is exceeded (refer to Table 1 below)
  3. Impacts to threatened species/communities (determined through a test of significance)

If clearing and other impacts exceeds the trigger thresholds, the BOS applies to the proposed development and a Biodiversity Development Assessment Report (BDAR) must be prepared and submitted with their application.

Minimum lot size associated whe property Threshold for clearing, above which the BAM and offsets scheme apply
Less than 1 ha 0.25 ha or more
1 ha tless than 40 ha 0.5 ha or more
40 ha to less than 1000 ha 1 ha or more
1000 ha or more 2 ha or more

Table 1 Biodiversity Offsets Scheme clearing area thresholds (Council can confirm which minimum Lot size applies)

Applicants are advised to check their proposal against the first two thresholds above by accessing the Biodiversity Values Map and Threshold (BMAT) tool at: www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap

A BMAT user guide can be found at: www.environment.nsw.gov.au/research-and-publications/publications-search/biodiversity-values-map-threshold-tool-user-guide

Council staff will assess the third threshold, impacts to threatened species, through a site visit. Should impacts to threatened species be likely further assessment by the applicant may be required.

Further information on the BOS can be found at the link below: www.environment.nsw.gov.au/topics/animals-and-plants/biodiversity/biodiversity-offsets-scheme/how-it-works

State Environmental Planning Policy - Koala Habitat Protection (KSEPP)

The KSEPP came into effect in March 2020, replacing the State Environmental Planning Policy No 44 – Koala Habitat Protection, and aims to protect Koala populations and their habitat.

Criteria for development applications under the KSEPP can be found in the new Guideline document (https://pp.planningportal.nsw.gov.au/draftplans/under-consideration/koala-habitat-protection-guideline) however Council staff will assist applicants by undertaking site inspections to determine the implications of the SEPP for each application. Further KSEPP information for landholders can be found at the link below: www.planning.nsw.gov.au/-/media/Files/DPE/Factsheets-and-faqs/faq-koala-SEPP-landholders-2020-03-20.pdf

An exemption to the Koala SEPP is now in place where the replacement dwelling is proposed on the same building footprint as the destroyed dwelling. 

Commonwealth Environmental Protection and Biodiversity Conservation Act (EPBC Act)

The EPBC Act is the Australian Governments key piece of environmental legislation, focussing on the protection of matters of national environmental significance including species and ecosystems.

Potential impacts to matters of environmental significance need to be assessed as part of a Development Application and council staff will assist applicants through this process.

Further information on the EPBC Act and associated environmental assessment can be found at https://www.environment.gov.au/epbc/environment-assessment-and-approvals


Licenced Building verses Owner Builder

Registered builders are insured tradesmen who manage the build including the contracting of licenced tradespeople. They are responsible for managing permits and organising inspections on your behalf.

As an owner builder, you take on many of the responsibilities of a registered builder and accept any associated financial risks. Responsibilities include:

  • doing all or part of the work yourself, except work that must be carried out by licensed tradespeople
  • contracting out all or part of the work to tradespeople, and checking they are registered and licensed if required
  • choosing whether to engage a building consultant to independently advise you during the construction period. A building consultant can check the quality of your work and the work of those you engage
  • arranging insurance
  • occupational health and safety of workers
  • obtaining permits and organising inspections

Adantages may include:

  • more control over the project, including design
  • saving the cost of the builder’s margin
  • more flexibility

Risks include:

  • spending more money and time than expected
  • taking responsibility for the work and finance
  • facing complex situations

My property has been identified as containing asbestos

Is there any additional paperwork I need before I can start my re-build?

Once the site has been cleaned by either the NSW Government’s appointed contractor or your self-appointed contractor, you will need to ask for the Occupational Hygienist’s Clearance Certificate. Council (or your Private Certifier) will need to sight a copy of that Certificate prior to the issue of a Construction Certificate.


What does my site plan need to include?

Your A3 site plan should include:

  • First & secondary land application areas if having new absorption trenches for an onsite sewage management system
  • Site levels
  • Storm water drainage
  • The site plan - It will need to include all distances to boundaries and between proposed developments on your site.
  • The Asset Protection Zone (APZ) area. The APZ dimensions need to demonstrate the boundaries of the property plus the distance and slope (in degrees) to the bushfire threat (hazard)
  • The site plan will need to clearly label any trees that are there and any marked for removal. We will require photos of any trees that you may propose for removal as part of this build.
  • If you are removing any native vegetation (including ground cover e.g. native grasses) you will need to complete the attached Biodiversity Values Map & Threshold Tool (BMAT) report- see link below to ensure the amount of clearing you are proposing to do is under the threshold.www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap
  • The site plan will need to show the calculations for clearing with all these areas considered: House footprint, earthworks, Asset Protection Zone, driveway, access road & site work.
  • If you are not clearing any native vegetation, we will need a statement from you to confirm this.

What is a BASIX Certificate?

The Building Sustainability Index (BASIX) requirements apply to all residential dwelling types and are part of the development application process in NSW. In NSW, there are BASIX requirements for water and energy usage and thermal comfort performance that apply to:

  • all new residential dwellings
  • alterations and additions to dwellings that cost $50,000 or more
  • swimming pools of 40,000 litres or more

To obtain your BASIX Certificate, call the Department of Planning dedicated BASIX bushfire recovery hotline 1300 054 464 or visit www.planningportal.nsw.gov.au/planning-tools/basix

  • All BASIX commitments need to be clearly shown on plans and specifications.
  • The certificate is only valid for three months.

What is an Aboriginal Heritage Information Management System Report and how do I get one?

The Aboriginal Heritage Information Management System (AHIMS) is a database that contains detailed information on recorded sites of Aboriginal and Cultural Heritage. It is used to help identify, manage, conserve and protect local sites and heritage. In line with the current legislation, we require an Aboriginal Heritage Information Management Systems (AHIMS) report (this is a 2 page document) as part of your Development Application.

Reports can be obtained from: www.environment.nsw.gov.au/awssapp/Login.aspx?ReturnUrl=%2fawssapp%2fMySearches.aspx.

If you are having issues obtaining this report on your property, contact ahims@environment.nsw.gov.au.


What is an Aboriginal Due Diligence Statement?

In accordance to legislative requirements, the Aboriginal Due Diligence Statement demonstrates that you have considered:

  • any potential impacts on items of Aboriginal Heritage; plus
  • the potential likelihood of Aboriginal artefacts being contained within the site to be disturbed; and
  • that should any objects or places be found within the site, works will stop immediately and the relevant authorities will be contacted.

Report can be obtained from: www.environment.nsw.gov.au/-/media/OEH/Corporate-Site/Documents/Aboriginal-cultural-heritage/due-diligence-code-of-practice-aboriginal-objects-protection-100798.pdf

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