Document ID: chunk:federal_register_of_legislation:F2024C01285:reg:28s
Version: federal_register_of_legislation:F2024C01285
Segment Type: reg
Provision Reference: reg 28S
Character Range: 64639–67000

28S  NHAF projects
 (1) A project is a NHAF project if:
 (a) all dwellings proposed to be designed, constructed or made available under the project are wholly located in a particular State or Territory; and
 (b) if:
 (i) the project involves constructing new dwellings; and
 (ii) a development application or an application for building approval, as appropriate, for the project was lodged on or after 1 October 2023;
  the project proponent declares in the application mentioned in section 28Q that the project is NHAF construction compliant or will be when any newly constructed dwellings under the project are made available; and
 (c) the project increases the availability of affordable housing (whether or not the project would also increase available housing of other types).
 (2) However, if the project proponent declares in their application that the project is NHAF construction compliant, the project is only a NHAF project if the proponent provides evidence to Housing Australia demonstrating the project is compliant.
 (3) If the project proponent declares in their application that the project will be NHAF construction compliant when the dwellings under the project are made available, the project ceases to be a NHAF project if:
 (a) the dwellings are made available under the project; and
 (b) the proponent fails to provide, as soon as reasonably practicable after the dwellings are made available, evidence to Housing Australia demonstrating the project is compliant.
 (4) A project is NHAF construction compliant if each building constructed under the project complies with:
 (a) either:
 (i) the requirements for energy efficiency for houses and apartments in Parts H6 and J2 of the NCC; or
 (ii) if that is not reasonably practicable—the highest NCC energy efficiency requirements that are reasonably practicable; and
 (b) the standards in the NCC relating to livable housing design.
 (5) For subparagraph (4)(a)(i):
 (a) ignore any different versions of those Parts that might ordinarily apply in the State or Territory where the building is located; and
 (b) ignore any NCC energy efficiency requirements that relate specifically to climate zones 1 or 2, within the meaning of the NCC.
 (6) Paragraph (4)(b) applies regardless of whether the State or Territory in which the building is located requires compliance with those standards.