As members would be aware from tomorrow home building work, including home renovations, alterations and additions can resume across Greater Sydney subject to certain restrictions and with the exception of those sites in the eight restricted local government areas.

This Member Alert provides an overview of what you need to know about:

  • Requirements in relation to face masks.
  • Carpooling.
  • Travelling to and from construction sites, including to work on home renovations, alterations and additions, across Greater Sydney and in the eight restricted LGAs.
  • Testing requirements.
  • Vaccinations.
  • Government financial assistance.
  • The answers to a range of frequently asked questions.

Face mask requirements across Greater Sydney

Any person leaving their home is required to carry a mask at all times.

You must wear a face mask:

  • in all indoor and outdoor areas including a construction site where it is safe to do so.
  • in an indoor area on common property in residential premises for example lifts and foyers.

An indoor area includes a building or other structure, whether or not temporary, which has a roof, ceiling or other top covering, but does not include an area with at least 2 sides open to the weather.

Can workers carpool?

Workers should only carpool if it is necessary for carrying out their work in a work vehicle.

If travelling in a work vehicle with another person you must carry evidence of where you live, for example a driver’s license and produce this to a police officer if asked.

Travelling around Greater Sydney and the eight restricted LGAs

  • Certain restrictions apply when travelling to construction sites, including to work on home renovations, alterations and additions. These restrictions vary depending on where you live, if you are an authorised worker (see attached Summary but it will be mainly the manufacturing of building supplies to support construction or manufacturing, installation, maintenance or repair of items that are required for the operation of infrastructure, plant or equipment that is necessary to protect human health or safety impacting on garage door industry section) and whether your workplace is open.

Details on how the restrictions impact you are Certain restrictions currently apply to those that live and work in Greater Sydney and several Local Government Areas (LGA) currently including:

  • Fairfield,
  • Canterbury-Bankstown,
  • Liverpool,
  • Cumberland,
  • Blacktown,
  • Parramatta,
  • Georges River and
  • Campbelltown.

Members should also be aware that travel restrictions apply in addition to any limitations on the type of work that can be carried out including that:

Construction sites, including renovations, additions and alterations, across Greater Sydney are open but work is subject to certain restrictions.

Construction sites, including renovations, additions and alterations, in the eight LGAs outlined above must remain closed except to carry out permitted urgent work.

Manufacturing facilities are open across Greater Sydney including with the eight LGAs. Those working in facilities that manufacture building supplies to support construction can attend those facilities regardless of where they live, as they are authorised workers. COVID-19 surveillance testing requirements apply for those living in the Canterbury-Bankstown LGA.

Manufacturing and authorised workers

  • production and manufacturing of food, beverages, groceries, cleaning and sanitary products
  • food and fibre processing and manufacturing
  • manufacture of food and beverage packaging
  • manufacture of coffins and caskets
  • manufacturing of medical equipment, consumables and personal protective equipment
  • manufacturing of pharmaceutical and blood products
  • manufacturing of telecommunications equipment and infrastructure
  • manufacturing of firefighting equipment and supplies
  • manufacturing, installation, maintenance or repair of items that are required for the operation of infrastructure, plant or equipment that is necessary to protect human health or safety
  • manufacture of building supplies to support construction
  • Set out below are some frequently asked questions about who can go where across the state.

Greater Sydney
Traveling around Greater Sydney to work on a construction site including renovations, additions and alteration (except the eight LGAs)

Q. I live in Greater Sydney – can I attend a construction site that is located in Greater Sydney?
Yes. For those living in Greater Sydney, as construction sites outside the eight LGAs are open and construction work cannot be carried out from your home, you are allowed to leave your home to attend the site to carry out that construction work.

Q. I live outside of Greater Sydney – can I attend a construction site in Greater Sydney?
Yes. Those that live outside of Greater Sydney can enter a construction site that is open within Greater Sydney.

If you do travel into Greater Sydney, on returning to your home outside of Greater Sydney, you must comply with the stay at home directions that apply to residents of Greater Sydney. This means that you can only leave your home (while outside of Greater Sydney) for a reasonable excuse.

Q. I live in Greater Sydney – can I attend a construction site that is open outside of Greater Sydney i.e. within 50km from Greater Sydney and 50km from Greater Sydney into regional NSW?
Yes. Construction sites outside of Greater Sydney are open.

COVID-19 surveillance testing is required for those who live in Greater Sydney and travel to a construction site 50km outside of Greater Sydney. This requires the worker to get a COVID-19 test every 7 days and have evidence available proving that the workers has had a test.

A worker must not be permitted onsite unless they have had a COVID-19 test as required.

Different restrictions apply to those who live in one of the eight LGAs.

Traveling around Greater Sydney to work at a manufacturing facility that makes building supplies to support construction (except the eight LGAs)

Manufacturing facilities that make building supplies for construction can be open across NSW including those in Greater Sydney. This means people living in Greater Sydney and outside Greater Sydney can go to work at these facilities if they cannot do that work from home.

The eight LGAs of Fairfield, Canterbury-Bankstown, Liverpool, Cumberland, Blacktown, Parramatta, Georges River and Campbelltown
Travelling within the eight LGAs to work on a construction site, including renovation, additions and alterations

Q. I live in one of the eight LGAs – can I attend a construction site that is allowed to be open outside of those LGAs i.e. a construction site that is open outside of Greater Sydney?
No. If you live in one of the eight LGAs you are not permitted to leave your home to attend work on a construction site that is open outside of Greater Sydney.

Q. I live in one of the eight LGAs – can I attend a construction site that is located outside of those 8 LGA’s but within Greater Sydney?
No. If you live in one of the eight LGAs you are not permitted to attend a construction site outside of the 8 LGAs but within Greater Sydney.

Travelling around the eight LGAs to attend a construction site, including renovation, additions and alterations to carry out urgent work.

Q. I live in one of the eight LGAs – can I attend a construction site for urgent work that is located in the LGA that I live?
Yes. You are permitted to carry out urgent work on a construction site or renovation site that is located in the same LGA that you live.

Q. I live outside of the eight LGAs – can I attend a construction site for urgent works that is located in one of the eight LGAs?
Yes. As those living in Greater Sydney and beyond Greater Sydney can leave their home to attend work if they cannot work from home you can carry out urgent works on a construction site within the eight LGAs.

If you live outside of Greater Sydney, on returning to your home, you must comply with the stay at home directions that apply to residents of Greater Sydney. This means that you can only leave you home (outside of Greater Sydney) for a reasonable excuse.

Travelling around the eight LGA’s to work at a manufacturing facility

Q. I live in one of the eight LGA’s – can I attend a manufacturing facility that is outside of those eight LGAs?
Yes. Manufacturing facilities are open and authorised workers can travel to facilities located outside of the eight LGAs if they cannot do that work from home.

COVID-19 surveillance testing is currently required for those who live in the Canterbury-Bankstown and travel to a manufacturing facility outside of this LGA. This requires the worker to get a COVID-19 test every 3 days and have evidence available proving that the workers has had a test.

A worker from Canterbury-Bankstown must not be permitted to attend a facility unless they have had a COVID-19 test as required.

Q. I live in one of the eight LGAs – can I attend a manufacturing facility that is located in the LGA that I live?
Yes. A resident of Fairfield, Canterbury-Bankstown, Liverpool, Cumberland, Blacktown, Parramatta, Georges River and Campbelltown can attend a manufacturing facility for work that is located in the LGA that they live in.

Q. I live outside of the eight LGAs – can I attend a manufacturing facility in one of the eight LGAs?
Yes. As you cannot work from home you can attend a manufacturing facility inside one of the eight LGAs.

If you live outside Greater Sydney, on your return you must comply with the stay at home directions that apply to residents of Greater Sydney. This means that you can only leave your home (outside of Greater Sydney) for a reasonable excuse.

When do I need a COVID-19 test?

If you live in Greater Sydney and travel to a construction site 50km outside of Greater Sydney you are required to get a COVID-19 test every seven days.

Authorised workers who live in the Canterbury-Bankstown LGA and travel to work outside of that LGA are required to take a COVID-19 test every three days. People that work in a manufacturing facility that manufactures building supplies to support construction are authorised workers and permitted to leave home to travel to work from any of the eight LGAs.

Where testing is required:

  • you must have evidence available proving that you have had a test.
  • a worker must not be permitted at a workplace unless they have had a COVID-19 test in the required time – either three days (restricted LGAs) or seven days (leaving Greater Sydney).

Where can I find information about vaccinations?

The NSW Government is recommending people take the opportunity to be vaccinated as a way to reduce the need for future lockdowns. More information is available from NSW Health about the vaccine roll out.

Government financial assistance

For members or employees of members financially impacted by the restrictions, you may be eligible for the federal or state government wage support under the National Disaster Payments arrangements. The payments are based on a reduction in the number of hours worked being reduced and there are two tiers for the payments.

HIA also has information available in relation to a number of state government business grants.

FAQs

HIA has fielded a significant number of calls and emails from members asking a broad range of questions about the impact of COVID-19 on their projects, customers and businesses. These FAQs cover some of the questions members have been asking.

Can I pass on additional costs I have incurred due to the shutdown of construction sites?

It depends.

Under a fixed price contract, unless there is a contractual provision which allows you to, you cannot pass on a price increase.

Under a cost plus contract, you can pass on price increases as you are charging the client for the actual cost incurred, at the time you incur it.

The homeowner is refusing to agree to an extension of time – what can I do?

Under some contracts the installer can claim an extension of time for delays caused by circumstances that are:

  • caused by something beyond the installer’s sole control, and
  • not reasonably foreseeable at the time the installer entered into the contract.

Delays to building work caused by the pandemic are a legitimate reason to claim an extension of time and you should talk to your client about the current circumstances.

Can I stand down my employees due to a mandatory shutdown of a construction site as a result of COVID-19?

Yes. More information on the options available before standing down your employee is available here.

I live outside the eight LGAs, can I travel to one of the eight LGAs to collect materials or supplies?

Yes. Deliveries to site should be contactless as far as practical, and comply with all COVID-19 health and hygiene requirements, including complying with the 3 metre separation rule, wear masks and ‘check in’ with the ServiceNSW QR code at the site.

What if my workers refuse to wear masks?

Unless any of the exemptions apply, masks must be worn at all times, both indoors and outdoors. You may have the responsibility to ensure that your workers comply with the current COVID-19 safety requirements.

I am a subcontractor, what are my COVID-19 safety obligations?

The principal contractor/builder is responsible for creating and updating the Covid Safety Plan.

As the subcontractor you are responsible for ensuring compliance by you and your employees with all COVID-19 health and safety obligations, for example, following the requirements regarding masks and maintaining social distancing where possible.

Do owner-builders need QR Code?

If the homeowner remains in the property during the work you are not required to have a Services NSW Check in QR code.

Can I work on Sunday and Public Holidays?

Yes. It is understood there have been no changes to the working hours that operated prior to the lockdown but we are waiting for confirmation from the Government that this is still the case.

Other information

While work can restart for many sites, there are still many sites limited in their activities. This means you may still need to manage contractual issues over the next four weeks.

Temporary stay at home restrictions in Greater Sydney

People from Greater Sydney (or who have been in Greater Sydney since 21 June and it has been less than 14 days since they were last in Greater Sydney) cannot leave their residence unless they have a reasonable excuse.

Reasonable excuses include:

  • obtaining food or other goods and services
  • Only one person in the household can leave their residence to obtain food, goods or services once a day. This restriction does not apply if it is not reasonably practicable (e.g. if a parent needs to take their dependent child to the shops with them)
  • Browsing in shops is prohibited and not a reasonable excuse to leave your home
  • People must obtain goods and services in their local government area or within 10 kilometres of their home, unless the goods or services are not available in that local government area or within 10 kilometres
  • travelling to attend work or education (where it is not possible to do at home)
  • exercise outdoors in groups of no more than 2 (excluding members of the same household):
  • People must stay in their local government area or within 10 kilometres of their home for exercise and outdoor recreation
  • No carpooling between non-household members is permitted if a person is travelling to exercise or engage in outdoor recreation
  • A person over 18 must carry documentary evidence showing their address and show it to Police on request
  • obtaining medical care or supplies – including obtaining a COVID-19 vaccination
  • providing care or assistance to a vulnerable person
  • attending a funeral:
  • In Greater Sydney: attending a funeral of no more than 10 persons (excluding the person conducting the service and any other person necessary for the conduct and preparation of the service). A funeral cannot occur in a place of residence.
  • Outside of Greater Sydney: if the person is a spouse (including de facto), parent, child, or sibling of the deceased.
  • A funeral or memorial service, or gathering afterwards, in a residence in Greater Sydney is not permitted.Taking a holiday is not a reasonable excuse. Attending a wedding is not a reasonable excuse.

A person over 18 who is leaving Greater Sydney must carry evidence showing their address and produce it to a police officer on request.

Additional restrictions apply to those who live in for Blacktown, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Liverpool, Campbelltown and Parramatta Local Government Areas.