Guide for certifiers and councils: BASIX pre-July transitional arrangements
BASIX energy targets increased on 1 July 2017
Energy targets for houses and units increased on 1 July 2017. Energy settings for thermal comfort, heating and cooling also changed. For more information on these changes, please see the BASIX Energy Target Changes - Frequently Asked Questions.
The new targets do not apply to
- Projects that already have been issued with a planning consent (DA or CDC) that includes as a prescribed condition of consent a valid BASIX certificated issued before 1 July 2017,
- Projects lodged with the consent authority prior to 1 July 2017 (or up to 30 September 2017 for a certificate issued up to 30 June 2017),
- Projects that are able to meet the eligibility criteria for the transitional arrangements outlined below.
The transitional arrangements were put in place to ensure new home buyers who have already committed to a particular home design were not disadvantaged by the introduction of the new targets.
What are the eligibility criteria of the pre-July transitional arrangements?
The transitional arrangements mean that some BASIX certificates have been issued after 1 July 2017 that still use the pre-July targets.
There are three requirements for eligibility under the transitional arrangements;
- evidence of a home building contract having been signed on or before 31 December 2017;
- the value of the contract is not more $1.5 million; and
- any BASIX certificate issued under these arrangements is lodged with the consent authority within the three-month validity period from date of issue, but in any case, no later than 31 March 2018.
These transitional arrangements do not apply to owner-builder projects or display homes.
Further information on the eligibility criteria is published here.
How can certifiers tell if a certificate has been issued using the pre-July transitional arrangements?
There are two types of certificates that may be issued after 30 June 2017 using the ‘pre-July’ energy targets. These certificates are explained below:
- Certificates issued following an application made directly to the Department of Planning.
Certificates issued following an application made directly to the Department of Planning have no distinguishing notation other than being issued after 30 June 2017 and the software version number Version 2.3/Casuarina_3_5_x in the footer of the certificate. An example is shown in appendix A. For these certificates, the Department has obtained a copy of an eligible contract or pre-contract agreement from the applicant.
- Certificates issued following an application made through the BASIX online assessment tool (this option has been available since 6 October 2017).
Certificates issued following an application made through the BASIX online assessment tool have a special notation on the front page. Further, these certificates include a summary of the building contract details on the last page as shown in the example certificate below. For these certificates, the applicant is required to upload a copy of the eligible contract (or pre-contract agreement) to the BASIX website.
Checking of the documentary evidence required to access the pre-July 2017 targets
Clause 164A of the EP&A Regulation 2000 requires a DA, CDC or CC for a BASIX affected development to be accompanied by a BASIX Certificate and relevant accompanying documents. In accordance with Clause 97A and 136D of the EP&A Regulation, commitments listed on a BASIX certificate are prescribed as a condition of consent.
Certifiers and council assessment officers are advised to test the validity of BASIX certificates issued under the pre-July transitional arrangements in determining whether the application is properly made.
To assist with this process, the Department has put into place a number of provisions that allow council assessment staff and certifiers to check eligibility of applicants with the requirements of the transitional arrangements.
- Certificates issued through the online application process are issued on condition that the certificate is accompanied by a building contract. Where the online application was made on the basis of an eligible pre-contract agreement, an eligible building contract meeting the requirements of the BASIX definition must be provided to the consent authority prior to the issue of a DA or CDC.
- For applications made through the online application process, council assessment staff and certifiers are able to view contract documents uploaded to the BASIX website through the BASIX admin search function. A guide to this process is shown below.
- Notwithstanding, a complying building contract should still be attached to the application for a DA or CDC.
Amendments to a building contract after a BASIX Certificate has been issued under the transitional arrangements
If the applicant has amended the building contract after a copy was uploaded to the BASIX website or provided by email to the Department such that the project no longer meets the eligibility criteria a new BASIX certificate will be required using the BASIX energy targets which are applicable from 1 July 2017.
One such amendment could be, for example, that the project is now valued at more than $1.5 million.
Example of BASIX Certificate using the pre-July targets generated following application to the Department
1. Front Page
Example of BASIX Certificate using the pre-July targets generated via the online application
2. Front page
3. Last Page
Guide to searching Building Contract documents uploaded to the BASIX Website
1. Use the BASIX Certificate search function to locate the certificate subject to review.
2. Click on ‘show’ under the ‘view details’ heading to view further information.
3. Click on the pdf icon adjacent to the ‘Contract’ heading to view the contract.