SDA Compliance

Legislation

Due to the complexities involved with ensuring SDAs are assessed and remain compliant, consulting services must be undertaken at a minimum by an Accredited SDA Assessor and the following legislation.

  • NDIS Specialist Disability Accommodation Design Standard
  • Disability (Access to Premises – Buildings) Standards 2010 
  • NCC Vol 1 National Construction Code, also referred to as the Building Code of Australia – Vol 1 – Class 2 to 9 buildings.
  • NCC Vol 2 National Construction Code, also referred to as the Building Code of Australia – Vol 2 – Class 1 and 10 buildings.
  • AS 1428.1 Design for access and mobility – Part 1: General requirements for access – New building work
  • AS/NZS 1428.4.1 Design for access and mobility – Part 4.1: Means to assist the orientation of people with vision impairment: Tactile ground surface indicators
  • AS/NZS 2890.6 Parking facilities, Part 6: Off-street parking for people with disabilities
  • AS 1735 Lifts, escalators and moving walks.

 

Complying with the NDIS SDA Requirements

When applying the design requirements of the SDA Design Standard and the NDIS Price Guide the spatial consideration, fittings, fixtures, and features must all comply. Concurrently with this review, the dwelling must achieve a building approval and when complete an occupancy permit to ensure the building is compliant and fit for purpose.

For a successful project It is critical that all building work complies to all prescriptive requirements, including town planning, development approval (NSW), SDA certification and building approval. The requirements of the Building Code of Australia will also trigger compliance with parts of Australian Standards such as AS 1428.1, AS 1428.4.1 and AS 2890.6.

It is the role of the designer or architect to know precisely which legislative requirements apply to your SDA project from the very start. Failure to do so can have significant consequences, including the ineligibility to enrol the SDA. These include council building notices, forced modifications or upgrades, or, at worst, demolition. Before enrolling a dwelling for SDA consideration, check with your local council or building authority to ensure that all relevant building and planning requirements have been met.

SDA Minimum Requirements vs Building/ Planning Requirements

One of the criteria for determining a dwelling’s eligibility for enrolment as Specialist Disability Accommodation (SDA) includes designing the home to contain features that meet the Minimum Design Requirements contained within the NDIS Price Guide—Specialist Disability Accommodation.

Although meeting the Minimum Design requirements may deem a dwelling fit for use under the Price Guide, it is essential to understand that these will not be the only requirements that dictate the final design. For example, the proposed works may trigger legislative provisions outside the NDIS, such as Building and Planning.

Building requirements would ensure that the design complies with Technical documents such as the Building Code of Australia and Australian Standards. In contrast, Planning can start with design requirements specific to a Council’s Planning scheme.

During the initial design stages, it is crucial to understand if other legislative requirements apply that impact the design of the dwelling. Not considering these can have dire consequences for the project, such as ineligibility for enrolment as SDA, orders to stop works or vacate the building, infringement notices, demolition, and retrospective upgrade works to the building.

Anyone considering enrolling in a dwelling for SDA will need to ensure that all relevant building and planning requirements have been adopted into the design. To help understand Building and Planning requirements and their effect on the design, consultation should be sought from your Local Council.

Specialist Disability Accommodation Compliance Requirements