February 2018
Specialist Disability Accommodation (SDA) refers to accommodation for National Disability Insurance Scheme (NDIS) participants who require specialist housing solutions to assist with the delivery of supports that cater for their significant functional impairment and/or very high support needs. SDA may include special designs for people with very high needs or may mean that a residential setting has a location or features that make it feasible to provide complex or costly supports for independent living.
SDA refers only to specialist solutions and is not intended to encompass the housing needs of all people with a disability. SDA does not refer to support services but to the homes in which these are delivered
SDA Terms of Business
The National Disability Insurance Agency’s (NDIA) Terms of Business for Registered Providers of SDA sets the following NDIS requirements relating to habitability:
• before claiming payment for SDA, each dwelling must be suitable for occupation and the property and any alterations must meet all relevant building codes and laws, as evidenced by:
– certification from an appropriately authorised building authority or entity. Acceptable certification for the NDIS includes an occupancy certificate (or equivalent from each jurisdiction) or certification from a building assessor accredited by a local or state government authority, or
– where the property is owned or operated by a state or territory government, a written attestation from a state or territory government department with responsibility for disability or housing.
• An annual attestation will be required regarding maintenance to advise that the dwelling is in a good state of repair and is being appropriately maintained, having regard to the safety, security and privacy of residents.
Alignment with Victoria’s quality and safeguarding arrangements
SDA providers should refer to the Guide to Suitability for SDA to understand the requirements for enrolling SDA dwellings with the NDIA. SDA providers need to enrol each property with the NDIA (which is the statutory authority charged with administering the NDIS) and meet the NDIA’s requirements in relation to complying with building codes.
The SDA provider must be able to produce an occupancy certificate from a building assessor accredited by the Department of Health and Human Services.
SDA providers do not need to also register with the Victorian Government.
All Supported Independent Living (SIL) providers of residential services (as defined in the Disability Act 2006) in SDA properties will be required to register with the Victorian Government.
When registering a provider of residential services, the Victorian Government will ask to see the occupancy certificate which must be provided by a building assessor accredited by the Department of Health and Human Services.
If the use of the property changes then an occupancy certificate, issued by one of the Department’s accredited building assessors, and showing that the building is fit for the intended use is required.
At all times, SDA and SIL providers must comply with health and safety standards, their legal duty of care, and applicable provisions of the Occupational Health and Safety Act 2004 (Vic).
Requirements of the Building Code of Australia
Fire sprinkler systems – Obligations of SDA providers
In Victoria, certain obligations relating to the installation and maintenance of fire sprinkler systems are prescribed under the Building Code of Australia (BCA), the Building Act 1993 (Vic) and the Building Regulations 2006 (Vic) (Regulations). The Department of Health and Human Services has compiled the following basic information to assist prospective SDA providers in understanding these requirements.
This information is provided for high-level reference only and should not be relied on by SDA providers in place of formal legal and technical advice, consideration of the regimes set by the BCA and Regulations, or where SDA is to be provided in jurisdictions other than Victoria.
It is the responsibility of SDA providers to familiarise themselves with these obligations and ensure that they are satisfied.
The NDIA is not liable for any costs that may be incurred by SDA providers or building owners in complying with these obligations.
Building Code of Australia
The BCA imposes minimum requirements for the installation and maintenance of fire safety equipment, including fire sprinkler systems, in relation to new building works that fall within certain classifications under the BCA. Broadly speaking, these classifications are defined by reference to the size and intended use of new building works. In some instances, the applicable requirements refer to certain industry standards published by Standards Australia and not otherwise included in the text of the BCA (such as AS2118.1–1998 and AS2118.4–1995). It is the responsibility of SDA providers to ensure that these published standards are complied with when applicable.
The BCA outlines the classes of new buildings and new building works to which the requirements of the BCA apply – including descriptions of these classes of buildings.
Retrospective requirements for existing buildings
Whilst the requirements imposed by the BCA primarily apply to newly constructed buildings, the Regulations also impose certain retro-fit obligations on the owners of particular types of existing buildings including most relevantly 'residential care buildings' (as defined in Victoria-specific departures in the BCA).
In addition, if an existing building undergoes significant renovation or conversion, the requirements for new buildings, particularly compliance with the BCA, may then apply.
Again, SDA providers are responsible for ensuring that the buildings used for SDA comply with all applicable BCA and statutory requirements.
Proactively installing fire sprinklers
Proactive installation of fire sprinklers maximises the range of people that can be accommodated in SDA. While fire sprinklers may not initially be required in certain buildings from which SDA is provided, the residents accommodated at the SDA will likely change over time.
The cost to install a fire sprinkler system proactively during construction or when the building is undergoing significant refurbishment is likely to be cheaper than the cost to retrofit a fire sprinkler system. SDA providers are encouraged to give strong consideration to proactively installing fire sprinklers during construction.
The NDIA provides an additional allowance where fire sprinklers have been installed throughout the SDA dwelling and have been maintained in good working order in compliance with all relevant laws.
It is the responsibility of the SDA provider to fund all maintenance of fire sprinklers once their property has transitioned to the NDIS.
To receive this publication in an accessible format phone 03 9096 5474, using the National Relay Service 13 36 77 if required, or email NDIS Communications <>Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Australia, Department of Health and Human Services February 2018.
Available at NDIS Victoria <https://www.vic.gov.au/ndis/service-providers.html
Building Code of Australia requirements for fire risk management in NDIS
Specialist Disability Accommodation in Victoria 2