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December 2016

Residential Code amendment

On 8 December 2016, the Development (Residential Code) Variation Regulations 2016 were made.

These regulations, which vary the Development Regulations 2008 under the Development Act 1993, commence operation from this date.

The Regulation changes have been made to improve the operation of the Residential Code. The changes give effect to the original intent of Parliament with respect to private certification and the application of the Code.

A Legislation Advisory Notice has been produced that provides further information about these changes.

For further information or queries on the regulation amendment or the Advisory Notice, contact the Legislation team on

Government Gazette notice

The Development (Residential Code) Variation Regulations 2016 were gazetted on 8 December 2016 in the Government Gazette (issue 80/2016 pages 4906-4917) and include changes to Regulation 8A of the Development Regulations 2008.

Minister's Code for upgrading health and safety in existing buildings

A reminder that the public consultation on the draft Minister’s Code for upgrading health and safety in existing buildings ends on 6 January 2017.

Several councils and industry organisations have sought extensions to submit comments. Extensions have been granted to 17 February 2017Extensions can be sought by contacting the Building Policy Unit by email to

The Code and a survey questionnaire are available from the building consultation webpage on the Government of South Australia website.

7% levy return

A reminder to private certifiers and councils that the 4th quarter of 2016 7% levy return under Schedule 6 and 7 of the Development Regulations 2008 is due 10 business days from 1 January 2017. A response should be forwarded even if there is a Nil return.

Credit card payments can be made over the phone to Planning Services on 08 7109 7018. Cheques should be made payable to the Department of Planning, Transport and Infrastructure.

Training and CPD opportunities

There are several courses available to practitioners in early 2017:

January 2017

20 January 2017 - HIA - Construction Induction Card Training

23 January 2017 - Kelledy Jones lawyers - On one condition: use of conditions relating to development approvals

February 2017

4 February 2017 - HIA- Residential Building Codes

6 February 2017- HIA - Occupational Health and Safety

10 February 2017- HIA - Waterproofing Wet Areas

17 February 2017- HIA - Essential elements of roof framing trusses

Online courses

Practitioners may also be interested in several online courses offered by the Australian Institute of Architects:

The Building Policy Unit issues this newsletter to inform the industry about changes and developments in legislation, policy and practice. It is intended as general information only and should not be relied upon as legal advice or an accurate statement of the relevant legislation provisions. If you are uncertain as to your legal obligations you should obtain independent legal advice.


We welcome your feedback and suggestions – please contact us via email

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Page last modified Tuesday, 13 August 2019