Access audits for existing buildings in Sydney and NSW
This page is for owners, landlords, strata committees, schools, clubs and asset managers in NSW who need an access audit of an existing building. If you are not doing building work, the Premises Standards do not force an upgrade, but the Disability Discrimination Act still applies. An audit tells you where your real risk sits and what to fix first.
Do I have to upgrade an existing building for disability access?
No building work planned
The Disability (Access to Premises, Buildings) Standards 2010 apply to new buildings, new parts, and the affected part. They do not apply retrospectively to a building that is not being altered. The Disability Discrimination Act 1992 section 23 still applies to premises, so a person can still complain about an existing barrier.
Building work planned
Alterations, extensions or fit-outs that need approval trigger the new part plus the affected part. The affected part is the principal pedestrian entrance and the continuous accessible path of travel from it to the new part. See change of use and fit-out access NSW for the detailed treatment.
NSW development application for alterations
Environmental Planning and Assessment Regulation 2021 section 64 lets the consent authority consider requiring total or partial Building Code of Australia conformity. The consent authority must consider it where the work, plus work in the previous three years, exceeds half the building's volume. It is discretionary, not an automatic access upgrade.
Where upgrades would be too costly
Unjustifiable hardship under Premises Standards section 4.1 or Disability Discrimination Act section 11 may apply. See unjustifiable hardship in NSW.
Why the Disability Discrimination Act still matters for buildings nobody is altering
Section 23 of the Disability Discrimination Act applies to premises. Complaints go first to the Australian Human Rights Commission for conciliation, then potentially to the Federal Court or Federal Circuit and Family Court of Australia. The Premises Standards guideline notes that an existing non-compliant stair beside a compliant lift could be subject to ongoing Disability Discrimination Act complaint. An audit is a risk and budget tool that produces a prioritised list.
What an Sydney Access Consultants existing-building access audit covers
Scope options include the whole building, a tenancy, common areas only, external approach and parking only, or pre-purchase due diligence. Elements checked include the boundary to entrance, parking (see accessible car parking NSW), entrances and doors (see door circulation space AS 1428), ramps, stairs and handrails (see accessible stairways AS 1428 and ramp handrails and kerb rails), lifts and platform lifts, toilets (see disabled toilet regulations NSW), counters (see reception counters AS 1428), tactile ground surface indicators (see TGSI compliance audits Sydney), signage, hearing augmentation (see hearing augmentation NCC), luminance contrast and glazing (see luminance contrast AS 1428), wayfinding, and egress for people with disability.
The audit uses current AS 1428.1:2021 and NCC 2022 Amendment 2 Part D4 as a best-practice benchmark. An existing building is not non-compliant with a code that did not apply when it was built. See AS 1428.1 2009 vs 2021 and the NCC Part D4 clause guide.
What you receive
Photographed findings, measured, each rated by risk and priority (high / medium / low, or now / next works / opportunistic). Indicative upgrade options (management, minor works, capital works), flagged where a development application, construction certificate or Performance Solution would be needed. Optional input to a Disability Discrimination Act Action Plan. Fee proposal on request. Do not expect published prices.
Audit plus Disability Discrimination Act Action Plan
Disability Discrimination Act sections 59 to 64 allow an organisation to prepare an action plan. Section 61 says a plan can be considered in a complaint. A plan can be given to the Australian Human Rights Commission under section 64 for its public register. See DDA Action Plan for building owners and how to write a DDA Action Plan.
Existing apartment buildings: do strata common areas have to be accessible?
The Premises Standards do not apply to Class 2 except new buildings with short-term-rent accommodation, and never to internal parts of sole-occupancy units. NCC D4D2 Class 2 common-area access applies to new work. The Disability Discrimination Act can still apply to common areas used by residents and visitors. Many owners corporations commission an audit before planning upgrades. See best access solutions for apartments and accessible apartment design Australia.
Audit versus DA/CC access report: which do you need?
| Purpose | Trigger | Drawings versus site | Output |
|---|---|---|---|
| Existing-building audit | Risk, capital plan, DDA Action Plan, or pre-works scoping | Site inspection | Prioritised findings and upgrade options |
| DA or CC access report | Building approval sought | Drawings (and site if needed) | Clause-by-clause status for the certificate |
See access reports for DA, CC and CDC, DA vs CC access report, and access audit versus plan assessment.
Where we work
Sydney, with practice concentration in Hurstville / Georges River and the Sutherland Shire (including Cronulla). NSW Mid North Coast work is supported by Sandy Grey at Black Beach. Perth is secondary. See locations. Do not claim local scale outside these areas.
Answer-ready questions
Do I have to upgrade an existing building for disability access in NSW?
Not automatically. The Disability (Access to Premises, Buildings) Standards 2010 apply to new buildings and to new work that needs approval, plus the affected part: the principal pedestrian entrance and the accessible path from it to the new work. If you are not doing approved building work, they do not require a retrofit. The Disability Discrimination Act still applies to existing premises, so a person can still complain about an existing barrier. An access audit shows where that risk sits and what to fix first.
What is an existing-building access audit?
An existing-building access audit is a site inspection by an access consultant. It measures and photographs the building against current access benchmarks: AS 1428.1 and NCC Part D4, from the boundary and parking through entrances, lifts, stairs, toilets, counters, signage and hearing augmentation. It then ranks each barrier by priority with practical upgrade options. Owners use it to plan capital works, support a Disability Discrimination Act Action Plan, or scope future development application and construction certificate work.
Do strata common areas in an existing NSW apartment building have to be made accessible?
Not by the Premises Standards unless approved building work creates a new part, and those Standards never apply inside apartments. New work in common areas must meet NCC Part D4 for Class 2 common areas. The Disability Discrimination Act can still apply to common areas residents and visitors use, so many owners corporations commission an audit before planning upgrades.
How is an audit different from a DA/CC access report?
An audit is a site-based risk and priority tool for an existing building. A development application or construction certificate access report is a drawing-based clause-by-clause assessment for the certificate being sought.
Send the address, scope and any floor plans for a fee proposal. Call Sydney Access Consultants on (02) 9586 3111. Gary Finn is an Accredited Member of the Access Consultants Association, member 435.
Links checked against live site files before pack.