When it comes to building compliance in South Australia, Regulation 61 of the Planning, Development and Infrastructure (General) Regulations 2017 plays a critical role in ensuring that construction projects meet the safety and performance standards set out in the National Construction Code (NCC) and relevant Australian Standards. Whether you are a builder, developer, or property owner, understanding the importance of Regulation 61 — and choosing the right partner for compliance — is essential.

At ArchiEng, we specialise in delivering reliable engineering certification services, ensuring your building components and systems are compliant and fit for purpose under Regulation 61.

The Foundation: NCC and Australian Standards

The NCC is a uniform set of technical provisions for building work across Australia. It details the minimum necessary requirements for safety and health; amenity; accessibility; and sustainability in the design, construction, and performance of new buildings. The purpose of the National Construction Code (NCC) 2022 is to establish the minimum necessary requirements for safety, health, amenity, accessibility, and sustainability in the design, construction, and performance of buildings across Australia. It serves as a uniform set of technical provisions, aiming to:  

• Ensure the safety and health of building occupants: This includes aspects like structural integrity, fire safety, and protection from hazards.
• Enhance the amenity of buildings: Focusing on factors that contribute to a comfortable and functional living or working environment.
• Improve accessibility: Making buildings more usable for people with disabilities.
• Promote sustainability: Reducing the environmental impact of buildings through energy efficiency and other measures.

  Australian Standards are technical specifications and guidelines developed by Standards Australia. They provide detailed instructions and criteria for various aspects of construction, materials, and engineering practices. Compliance with relevant Australian Standards is often referenced within the NCC.

Compliance: Ensuring Safety and Quality

Adhering to the NCC and Australian Standards is not merely a suggestion; it's a legal requirement. Non-compliance can lead to significant repercussions, including:

• Legal liabilities
• Financial penalties
• Project delays
• Reputational damage

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What is Regulation 61?

Regulation 61 Section 61 - Certificate of independent technical expert governs the ability to use private engineering specialists to certify certain aspects of a building or construction project. It allows relevant authorities, such as councils or private certifiers, to accept engineering certifications from qualified professionals in lieu of their own assessments provided those certifications demonstrate compliance with the NCC and Australian Standards.

Common areas covered under Regulation 61 certifications include:

• Structural engineering for non-structural cold-form steel framing for fit out projects
• Structural engineering for suspended ceiling systems (Ie. Rondo)
• Seismic design AS1170.4 for non-structural elements such as partition walls and ceilings
• Structural engineering of prefabricated and modular house (Ie. Greenspan)
• Seismic restraint design of partition walls, ceilings, bookshelf, mechanical, hydraulic and electrical systems
• Modular framing systems (Ie., Sikla, Promega Frames, etc.) for pipe and cable tray supports
• Footings and tie-downs for transportable buildings
• Compliance checks for as-built works where council has requested certification

Key Requirements:

• The independent technical expert must not be the building owner or their employee and must not have a financial interest in the development (beyond providing routine advice).
• The expert must possess qualifications deemed suitable by the relevant authority, such as Chartered Professional Engineer CPEng.
• The certification provided must include drawings, computations, technical details, plans, and specifications, clearly demonstrating how the proposed materials and construction methods meet the NCC requirements. The expert must detail the basis for their certificate, and make references to the relevant NCC requirements and Australian Standards.

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Why is Regulation 61 Important?

South Australia's building and development system relies heavily on ensuring that all works are structurally sound, code-compliant, and safe for occupants. Regulation 61 gives flexibility to the industry, allowing:

• Faster approvals when certifications are provided by reputable engineers
• Reduced workload for councils and certifiers, streamlining the process
• Confidence that specialist areas are assessed by competent professionals
• Legal accountability by transferring some compliance responsibility to the certifying engineer

However, not all engineering consultants have the expertise, systems, or reputation to deliver high-quality, Regulation 61-compliant certifications.

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Why Engage ArchiEng for Your Regulation 61 Certification?

ArchiEng has built a reputation across Australia for engineering design consultancy and code compliance expertise. We offer:

1. Deep Knowledge of the NCC and Australian Standards. We understand the performance requirements of the NCC and how to interpret and apply AS/NZS codes, including: AS/NZS 1170 series for structural design; AS 4100 for steelwork design; AS 4600 and AS2785 for cold-form steel framing for partition wall and suspended ceiling design; AS 1170.4 Seismic restraint for non-structural elements and many more... This can be important for projects such as commercial fit out projects, internal partition and ceiling projects, hospital/aged care internal fit out renovation etc...
   
2. Extensive experience in Modular and Prefab Systems We have certified modular buildings, expandable container homes, and data centre infrastructure that use modular framing systems such as Sikla, Tekla Span, and Promega. Our understanding of factory-built systems and their on-site integration ensures that installation meets all structural and compliance requirements.
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3. Fast Turnarounds and Responsive Support. We know delays are costly. ArchiEng works efficiently to provide certifications that help keep your projects on track — with clear documentation, calculations, and compliance reports ready for council submission.
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4. Professional Accountability. Our certifications under Regulation 61 are provided by registered, experienced and Chartered engineers, giving councils the confidence to accept our reports and giving you peace of mind that your project is in safe hands.

Regulation 61 provides a pathway for builders and developers to engage expert engineers to meet compliance obligations in South Australia. But with that flexibility comes responsibility: you need the right engineering partner who knows the codes, understands your construction methodology, and can deliver compliant documentation with confidence. At ArchiEng, we are more than just engineers, we are your compliance solution and your engineering partner.

Contact us today to discuss how we can help with your Regulation 61 certifications and keep your project moving.

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