The NSW Government has confirmed that boarding houses and residential care buildings will be regulated by the same laws as Class 2 buildings, which includes residential apartment blocks.

Design and building work in both shared accommodation and residential care facilities will now be compliant with both the Design and Building Practitioners (DBP) Act 2020 and Residential Apartment Buildings (Compliance and Enforcement Powers) Act (RAB) 2020. It will include ensuring design and building practitioners are registered with NSW Fair Trading.

To comply with the DBP Act, design and building practitioners will need to declare their work on new Class 3 and 9c buildings complies with the Building Code of Australia and ensure designs are lodged on the NSW Planning Portal before building work begins.

The expansion of each act will be supported by increased regulator oversight with certifiers required to ensure work meets the exacting standards of the Building Code of Australia. Certifiers will have clear responsibility for working with designers, builders and developers to ensure that Class 3 and 9c buildings provide compliant and safe housing options.

“Residents of Class 3 and Class 9c 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,” says NSW Building Commissioner, David Chandler.

“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.”

Building regulators will now be able to make developers notify them six months before intended occupation to implement a risk-based audit program and carry out inspections. This will ensure safety, with regulators being able to rectify defects on any Class 3 or 9c building under construction, undergoing repair or renovation work, or completed in the past 10 years. Regulators will also be able to stop work if building standards have been breached.

“These changes are designed to ensure buildings are safe, secure and fit for purpose from a customer centric and accountable industry,” Chandler says.

“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.”

The changes have already been phased in for design and building work for new Class 3 and 9c buildings, with work on existing buildings subject to the new registration requirements to be implemented from 1 July 2024.

Architecture & Design Team

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