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, known as the 'Lambert Review'. 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 initial priorities are:
See below for further information on the initial priorities.
The NSW Government has enacted reforms to improve fire safety for both new and existing buildings.
The fire safety reforms have been developed in consultation with key stakeholders, and represent a critical first step towards strengthening the NSW building regulation and certification system, that will integrate with future reforms.
A building circular has been issued which outlines the changes to the Environmental Planning and Assessment Regulation 2000 (the EP&A Regulation) introduced by the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 (the Amending Regulation). The changes relate to complex buildings and do not affect houses or related outbuildings like garages and carports.
The regulations will come into effect on 1 October 2017. From that date several new requirements will apply immediately to new developments (such as a new construction inspection authority for FRNSW, and the requirement for fire safety statement assessments to be carried out by a competent fire safety practitioner). The remaining new and changed requirements will not apply to development already approved or pending on 1 October.
Key fire safety reform documents can be accessed below.
The new regulation will improve fire safety in new and existing buildings. It does not apply to houses and/or their outbuildings. The changes include:
The NSW Government acknowledges the need to improve the Building Professionals Act 2005 to strengthen requirements relating to the accreditation, investigation, auditing and disciplining of certifying authorities.
The NSW Government intends to replace the Act with a new Building and Development Certifiers Act. A draft exposure Bill will be placed on public exhibition in late 2017 with the final Bill introduced to Parliament following the review of the public submissions received.
The fire safety regulations represent the start of the reform process. Work is continuing to identify opportunities to further review and improve the building regulation and certification system.
A variety recommendations were made in the final report of the independent review of the Building Professionals Act 2005.
The NSW Government’s has committed to assessing these recommendations and will consider the need for further reforms to improve the building regulation and certification system into the future.
Any future reforms will be subject to consultation prior to being finalised and implemented.
Page last updated: 28/08/2017