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So, you're moving back into mum's house with your family, and mum is moving into a brand new 1 bed secondary dwelling you've constructed in NSW under the Complying Development Regime. Mum's getting pretty frail and can do with daily support for every day tasks. Some days are great, other days, your mum has trouble recognising who you are and where she is. You're worried that, should she have an accident, or set fire to her kitchen, she will not be able to escape on her own. These High Physical Supports could be provided in a nursing home, but your family wants to spend as much time as you can with her, while you can.

Ordinarily, it would be constructed as a Class 1(a) secondary dwelling, and rightly so in my opinion.

However, your mum is an NDIS participant, and your secondary dwelling is enrolled as SDA under the NDIS Specialist Disability Accommodation scheme. "So what"? You ask.

The NSW Building Commission, the Office of Fair Trading, a bevy of spineless Private Certifiers, and a whole host of industry leading players are in a quandry about the required building classification for a dwelling in which a recipient of HPS SDA funding applies. "Class 3", I hear. Of course, buildings are not classified by their residents. They are classified by their function. This is a house, that is less than 60sqm of floor space. It's risk profile does not match the profile of a boarding house or a hotel accommodation with, I don't know, say 200 bedrooms.

How is it that Governments can get this all so wrong?

 

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