Applicable regulatory instruments

Centre-based services are regulated under the National Quality Framework (NQF). The NQF consists of Children (Education and Care Services) National law (NSW), Education and Care Services National Regulations, Assessment and Quality Rating processes and National Learning frameworks.

Applicants should consider these resources when preparing their application as it will assist in determining the number of approved places that can be created through the capital works project:

• NSW Childcare planning guideline
• Education and Care Services National Law
• Education and Care Services National regulations
• Local Environment Plans (LEP)
• Development Control Plans (DCP)
• State Environmental Planning Policy (SEPP)
• Building Code of Australia (BCA)
• Guide to the NQF
• NSW Early Childhood Education and Care Regulatory Authority (NSW ECEC Regulatory Authority) ‘Service Approval policy’.

Preparing a high-quality proposal

Applicants can use the following as a starting point to prepare a high-quality proposal:

• consider site suitability and compatibility for the placement of an education and care service. This includes land zoning, access to transport, existing land use and health and safety hazards, all of which must be evaluated when determining the chosen site
• the local character and streetscape of the site, which must be understood in order to create a well-designed and integrated education and care service
• the public domain interface (i.e. the transition area between the education and care service and the street), which should contribute to the quality and character of the street
• landscaping, which should integrate with building design and contribute to the landscape character of the neighbourhood
• building orientation and design, concerning the position of the building and its internal spaces in relation to the site, the street, neighbouring buildings, and factors such as sun and wind
• the building must be accessible by all potential users, in accordance with all relevant legislation, which may involve linking the site with wheelchair accessible ramps
• visual and acoustic privacy must be considered when defining a building site, ensuring there is no overlooking into adjacent properties and reducing sound transmission between the inside and outside of building
• traffic parking and circulation considerations include site access from public road to site is safe, as well as pedestrian access.

See the Childcare planning guidelines (PDF 21.3 MB) for further details.

Engaging a licensed building practitioner

Professional plans and unencumbered space calculations prepared by a licensed building practitioner are key elements for the planning and scoping of a capital project (As per Regulation 25(1)(b); The definition of a building practitioner can be found in Regulation 4 – definitions). Before engaging with a licensed building practitioner, it is essential applicants check their registration or accreditation with the appropriate body.

• Architects – refer to NSW Architects Registration Board.
• Landscape architects – refer to the Australian Institute of Landscape architects. Landscape architects can only prepare or certify plans and calculations for outdoor space under Regulation 108.
• Surveyor – refer to NSW Board of Surveying and Spatial Information.
• Certifiers – refer to NSW Fair Trading NSW – Building Certifiers.

Plans and calculations

Plans and unencumbered space calculations must contain the full name and license, registration, or accreditation number of the building practitioner that prepared them. Applicants should also consider all relevant regulations and regulatory requirements as described in the above resources, including but not limited to the space requirements outlined on regulation 107 and 108 of the Education and Care Services National Regulations.

The plans must show all of the following information, as required by regulation 25(1)(b):

• the locations of all buildings, structures, outdoor play areas and shared areas
• the location of all entries and exits
• the location of all fences and gates, specifying the type of fence or gate used or to be used
• the location of nappy change (if applicable), toilet and washing facilities and any food preparation areas
• the boundaries of the premises
• the landscape of, or landscaping plans for outdoor spaces that will be used by the education and care service, specifying the natural environments that are or will be provided at floor plan, indicating the unencumbered indoor and outdoor space suitable for children
• the location of any associated children’s services
• calculations carried out by a building practitioner of the areas referred to in regulations 107 and 108 relating to unencumbered indoor and outdoor space.
• the elevation plans of the premises.

Considerations

• Ensure your building practitioner has correctly calculated the unencumbered space.
• Common mistakes in indoor unencumbered area calculations are made when these areas are included:
  • door swings
  • toilet and hygiene facilities including laundry
  • nappy change areas or areas for preparing bottles
  • cot/sleep rooms
  • storerooms
  • admin/office space
  • corridors or passageways
  • joinery
  • areas of poorly supervised space
  • space not suitable for children.
    
• Common mistakes in outdoor unencumbered area calculations are made when these areas are included as per Regulation 107(3)(a):
  • pathway or thoroughfare (including door/gate swings)
  • storage space
  • car parking area
  • space not suitable for children
  • nappy change/toilet facilities
  • dense hedges or plantings along boundaries which are designed for landscaping purposes and not for children’s play.
• Local planning controls are specific to your area and are outlined in the development control plans (DCP).
• Education and care facilities must be designed and built in accordance with the standards outlined in the National Construction Code (NCC).
• Depending on the proposal’s characteristics, cost and scale, some additional documents may be required to provide further information. These can include but may not be limited to:
  • bushfire report
  • biodiversity development assessment report
  • floor report
  • mine subsidence
  • acid sulphate soils
  • geotechnical report including contamination
  • acoustic
  • air quality
  • remediation action plan
  • waste management plan
  • essential service augmentation
  • pre-Development Application consultation with council.

Transitional arrangements

Consider any existing transitional arrangements (e.g. grandfathering arrangements, legacy clauses) that could be impacted if you undertake capital works, and therefore have an effect on your project. It is important to note that your proposed project, as well as any existing buildings, will be required to comply with current regulations and relevant building codes.

COLAs and verandahs

When considering space requirements, please note that in most circumstances Covered Outdoors Learning Areas (COLAs) and verandas are considered by the NSW ECEC Regulatory Authority to be outdoor spaces due to being open to the elements. As such, they cannot typically be adequately heated and cooled in inclement weather for year-round use.

The area of a verandah may be included in calculating the area of indoor space only with the written approval of the NSW ECEC Regulatory Authority. Additionally, a verandah that is included in calculating the area of outdoor space cannot be included in calculating the area of indoor space.

Considerations of including a verandah as indoor space:

• the verandah is fully enclosed
• the verandah provides protection from the elements
• the verandah is attached to the rest of the indoor space
• the verandah can be maintained at a temperature that ensures the health, safety and wellbeing of children.

Refer to section 5.3 of the Guide to the National Quality Framework (PDF 34.9 MB) for information and guidance.

For further information watch Architectural Plans and Regulatory compliance video at the application resource page.

Applicants should seek their own independent professional advice if assistance is required in this area.

Contact us

For further information or enquiries about the regulatory requirements to obtain a service approval to operate a centre-based service or increase capacity for an existing service approval, please contact Early Childhood Education, Information and Enquiries on 1800 619 113 or by email at ececd@det.nsw.edu.au.