Sweeping building reforms on the way in NSW

The NSW government is seeking industry and community input on proposed changes to building sector laws, as well as specific changes to compliance and fire-safety laws. The government says these changes are aimed at better protecting consumers and supporting businesses and workers, to improve confidence in the NSW building and construction industry.

Compliance and fire safety focus

After the implementation of the Design and Building Practitioners Act 2020, which focuses on residential apartment buildings, the NSW government is now proposing to extend these changes to improve the quality and safety of other types of residential buildings. This includes hotels, residential care and aged-care facilities, boarding houses, hostels and backpackers.

The government is also introducing the Fire Safety Regulation 2022. The new laws will require designers, builders and maintenance workers to be more accountable for fire safety systems.

“We want to hear from builders, specialist tradespeople, building professionals, developers, building owners, designers, certifiers, strata managers, fire safety practitioners and members of the public,” says the NSW government.

The consultation closes Friday, October 7, 2022, and can be accessed here.

Broader reforms

The broader building law reforms are grouped into seven areas of change:

• Strengthening building compliance and enforcement by, among other things, creating a single Building Compliance and Enforcement Act
• Licensing commercial and home building work – including simplifying the licensing system, improving the supervision of work and the quality of owner-builder work, and licensing certain commercial trade work for the first time
• Upskilling the building and construction industry by streamlining the continuing professional development (CPD) system, introducing training as an alternative to disciplinary action, and expanding skills assessments for certifiers and other practitioners
• Supplying and using safer building products by proposing changes to the Building Product (Safety) Act 2017
• Regulating prefabricated and manufactured homes
• Securing prompt and fair payment for building work
• Making home building fairer and easier.

“If you have an opinion on the building industry in NSW,” says the government, “whether you work as a tradie, designer, supplier or any other role, we want your feedback.”

This consultation is open until November 25, 2022, and can be accessed here.

Respondents can give feedback on all the reforms or specific ones, via an online survey or by making a formal submission using an online form. There is also more information about the proposed changes and copies of proposed bills, regulations and regulatory impact statements.