NSW Government Expands Building Industry Regulations to Include Classes 3 and 9c Buildings

The NSW Government has expanded its regulations to include Classes 3 and 9c buildings under the Design and Building Practitioners Act 2020 (DBP) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB). Currently, this only applies to Class 2 Buildings.

• Class 3 Buildings include Group Homes, Boarding Houses, Hostels (that are larger than the limits of a Class 1b building) as well as ‘care-type’ facilities including accommodation for children, elderly or people with a disability (that are not Class 9 buildings)
• Class 9c Buildings include Residential Care Buildings where 10% or more of the persons need physical assistance in conducting daily activities and to evacuate. This includes aged care facilities.

Effective from 3 July 2023, these new regulations will apply to the construction of new buildings only, with alteration or renovation work for existing buildings coming into effect on 1 July 2024. Occupation Certificates issued after this date are first subject to lodge a ‘Notice of Intended Completion of Building Work’ to NSW Fair Trading.

The new requirements state that Design Practitioners, Building Practitioners, and Professional Engineers must be registered under the DBP Act to be able to complete certain work on Class 3 and 9c buildings. Certain designs will need to be declared for compliance with the Building Code of Australia and lodged on the NSW Planning Portal before building work can start. Builders must construct according to declared designs, and developers must provide notice before the completion of work for these buildings, and prior to an Occupation Certificate being issued.

However, those already registered as a Design or Building Practitioner under the DBP Act do not need to reapply, as they will be able to make declarations for Class 3 and 9c buildings using their existing registration.

The NSW Building Commissioner and authorised officers will continue to have significant powers to take action against defective building work under the RAB Act.

The NSW Government’s expansion of the DBP and RAB Acts is a significant step towards a safer and more transparent building and construction industry in the state.

Transitional arrangements are in place as per below:

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