Contents
Table of Contents
Overview of Changes
On 24 February 2023, new changes were made to the Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) and the Residential Apartments Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (“RAB Act”).
These changes will apply to buildings which contain a class 3 or 9c part.
Importance for Builders and Consultants
It is imperative that any builders or consultants working on these projects are aware of how these transitional arrangements will apply to any projects commenced prior to July 2023.
Regulation Amendments
The new regulation amends provisions which relate to class 2 buildings and extends reforms to buildings containing a class 3 or 9c part.
Key Changes
The DBP Act and RAB Act will now apply to class 3 and 9c buildings which include boarding houses, hostels and aged care facilities as well as other mixed-use buildings if they contain one of these parts.
Developers and builders constructing or renovating these buildings need to familiarise themselves with the requirements of the DBP Act and RAB Act.
Grace Period and Insurance Requirements
The grace period for class 3 and 9c buildings without any class 2 component expires on 1 July 2024 for the DBP Act. However, for the RAB Act, there is no grace period. From 3 July 2023 all provisions of the RAB Act will apply to buildings containing a class 3 or 9c part.
Builders are also exempt from insurance requirements under the DBP Act until 1 July 2024.
Need More Information? Contact Us
PDC Law can provide you with advice and answers to your Building and Construction queries to make the process simple and hassle-free. Please contact us on 4288 0150 or [email protected] for any enquiries.
Useful Resources
Here are some useful resources to help you understand and comply with the requirements of the Design and Building Practitioners Act and the Residential Apartment Buildings Act:
- Office of the Building Commissioner – New South Wales Government’s hub for residential building and construction news and regulations.
- Design and Building Practitioners Act 2020 (NSW) – Full text of the DBP Act on the NSW legislation website.
- Residential Apartments Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) – Full text of the RAB Act on the NSW legislation website.
- The Design and Building Practitioners Regulation 2021 (PDF) – Detailed regulations on what is required from design and building practitioners.
- NSW Fair Trading – Home Building and Renovating – Useful tips and guidance from NSW Fair Trading.
Understanding the Amendments in Australia’s Residential Building Legislation: A Conclusion
As we conclude, it is important to underline that both builders and consultants must have an in-depth understanding of the recent amendments to the Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) and the Residential Apartments Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (“RAB Act”). These updates extend to buildings carrying a class 3 or 9c part, including boarding houses, hostels, aged care facilities, and other mixed-use buildings. Alongside, they need to comprehend the transitional arrangements applying to projects commenced prior to July 2023. In case the construction or renovation is related to class 3 and 9c buildings without any class 2 component, consider grace period and insurance requirements. Although the grace period for the DBP Act expires on 1 July 2024, there is no grace period under RAB Act, effective from 3 July 2023. In case of any difficulty, always aim to seek professional advice to understand and comply with the changing regulations.
It’s always a good idea to seek professional advice when dealing with legal matters. Feel free to contact PDC Law for any queries related to NSW building and construction regulations.
Lorri is a director of PDC Law. Lorri combines excellent technical expertise with a common-sense approach to best represent her clients. She is one of few Accredited Specialists in Commercial Litigation in the Illawarra and Shoalhaven. This accreditation is testament to Lorri’s expert knowledge and skill in dealing with commercial disputes. In 2019 Lorri was awarded Regional Lawyer of the Year by Women Lawyers Achievement Awards.
