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The NSW Government is implementing a package of reforms to strengthen NSW’s building regulation and certification system.

 

The reform package follows an independent review of the Building Professionals Act 2005. The review found a number of issues with the NSW building regulation and certification system and made a number of recommendations to strengthen and simplify the system.

 

The review and the NSW Government’s response can be found on the Building Professionals Board website.

 

The reform package includes:

  • A package of fire safety reforms for both new and existing buildings;
  • Consolidation of building provisions in the Environmental Planning & Assessment Act 1979;
  • Reform of certifier regulation by re-writing the Building Professionals Act 2005; and
  • New measures to facilitate better use and sharing of certification data;

 

See below for further information on some of these topics.

The NSW Government has announced that, as a matter of priority, it will introduce a package of fire safety reforms.

 

A draft fire safety regulation was placed on public exhibition for review and feedback in December 2016. The closing date for submissions was 31 January 2017. The proposed reforms were developed in consultation with representatives of key stakeholder organisations. Key fire safety reform documents can be accessed below.

 

Download the draft fire safety regulation

Download

Download the commentary on the proposed fire safety reforms

Download

The draft fire safety regulation proposes changes to building regulation and certification covering seven key areas:

  • The involvement of competent fire safety practitioners in certain specialist fire safety functions;
  • Requiring submission of plans and specifications for relevant fire safety system work relating to Class 2-9 buildings;
  • Limited exemptions from compliance with some Building Code of Australia standards relating to relevant fire safety system work;
  • New critical stage inspections for Class 2-9 buildings;
  • New inspections of fire safety system work relating to Class 2 and 3 buildings by Fire and Rescue NSW before occupation certificates are issued;
  • Requiring an Alternative (Performance) Solution report for all fire safety Alternative Solutions for Class 1b-9 buildings; and
  • Requiring fire safety certificates and statements to be in a form approved by the Secretary of the Department of Planning and Environment.

The NSW Government has acknowledged the need to improve the Building Professionals Act to strengthen requirements relating to the accreditation, investigation, auditing and disciplining of certifying authorities.

 

Consequently the NSW Government intends to replace the Act with a new Building and Development Certifiers Act. A draft exposure Bill will be released for public exhibition and feedback in 2017 and a final Bill will be introduced to Parliament following a review of public submissions.

The recommendations in the final report of the Review covered a large range of matters.

 

The NSW Government’s response to the Review gives an undertaking to investigate recommendations in the Review and consider further reforms to improve the building regulation and certification system.

 

Any proposed further reforms will be subject to consultation before they are finalised and implemented.

Page last updated: 26/04/2017