Shared accommodations — Class 3 buildings — and residential care facilities — Class 9c buildings — in New South Wales will now be included in the building regulations as laid out in the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) and Design and Building Practitioners Act 2020 (DBP Act).
Placed into effect from 3 July 2023, new boarding houses and aged-care buildings that are still under construction will now have to operate under the same laws that apply to residential apartments and other Class 2 buildings.
All alteration or renovation work for existing Class 3 and 9c buildings will only be affected by the DBP Act and RAB Act from 1 July 2024 onwards.
This change means that all key design and building practitioners will now be required to declare that all work on new Class 3 and 9c buildings are in accordance with the Building Code of Australia (BCA) under the National Construction Code (NCC).
NSW Building Commissioner David Chandler said the new changes are designed to ensure buildings are safe, secure and fit for purpose from a customer centric and accountable industry.
“Residents of of Class 3 and Class 9 c buildings are sometimes society’s most vulnerable in relation to housing or care, and stronger regulation ensures their living arrangements are built with quality and safety.
“The NSW Government has committed to a comprehensive reform agenda which will transform the NSW construction sector into a world-leader in building quality, innovation and consumer focus.
“Our reform agenda remains focused on ensuring we work with industry to lift standards across the sector – we want to see developers, builders, designers and certifiers work with us to deliver the trustworthy homes that NSW needs,” said Mr Chandler.
In accordance to the DBP Act, workers must be registered with NSW Fair Trading and meet the minimum standards.
Building designs will also need to be lodged on the NSW Planning Portal before any construction work can proceed and builders will not be able to deviate from the proposed designs during the construction process.
This new implementation ensures that building regulators will be able to implement its risk-based audit program and conduct inspections to protect future building owners and residents from defective and unsafe buildings.
Developers will also be required to pay a levy and provide adequate notice before the completion of buildings.
New building industry reforms also state that building and design practitioners in the state must complete two Construct NSW Digital Learning Platform courses — Navigating the Design and Building Practitioners (DBP) legislation and The Value of Australian Standards — in order to qualify for registration.
Both courses cost $140 each and professional engineers are not required to obtain these certificates to complete work under the new Design and Building Practitioners scheme.
The NSW Building Commissioner will also be allowed to halt operations, as well as the issuing of an occupational certificate, where serious breaches of building standards have been identified.
Certain practitioners who do not meet the new requirements under the new building regulations will be able to sit for a competency assessment to make the transition.
This alternative will be available for professional engineers and low to medium rise building and design practitioners until 31 December 2023.
