How NSW’s new building regulator is impacting the industry
NSW’s new Building Commission is in the process of taking control of the state’s building and construction regulation from Fair Trading.
As a result, builders are likely to notice some changes in where they access information and who is overseeing particular sectors.
Going forward, the Building Commission will be either solely or partly responsible for the regulation of laws that apply to certifiers, design and building practitioners, developers, home building tradespeople and other businesses in the construction sector.
The key functions that the new regulatory body are taking on include inspections, compliance, licensing, complaints and the development of policy relating to building laws.
With the transition underway, construction industry professionals might notice some changes in their interactions with government officers and entities.
This might be most obvious in how they seek out information related to their rights and responsibilities – currently all of the online sites that provide information for people in the construction industry are transitioning from the Fair Trading website to nsw.gov.au. To ensure a smooth transition, information will continue to be situated at Fair Trading until the full migration has taken place.
Building industry personnel who have questions about their rights and responsibilities or how the transition will impact them are being urged to get in touch with the new Building Commission directly via the website.
Building Commission NSW was officially established in December 2023 to serve as a standalone regulator ensuring the quality of construction across the state.
The body has so far been funded by a $24 million “down payment” included in the last NSW state budget. It’s being led by the building commissioner, David Chandler, who is building out a body that is expected to swell from 40 staff dedicated to enforcing the quality and standards of the building industry to more than 400.
Delivering a standalone regulator was a key election promise of NSW Premier Chris Minns ahead of the 2023 election, as a measure to crack down on the rising number of defects reported in newer builds, as well as eliminate disasters such as Mascot Towers.
Those that fall under the purview of the new regulator include:
Architects Act 2003 No 89
Building and Development Certifiers Act 2018 No 63
Building and Construction Industry Security of Payment Act 1999 No 46
Building Products (Safety) Act 2017 No 69
Design and Building Practitioners Act 2020 No 7
Environmental Planning and Assessment Act 1979 No 203
Gas and Electricity (Consumer Safety) Act 2017 No 15
Home Building Act 1989 No 147
Plumbing and Drainage Act 2011 No 59
Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9
Strata Schemes Development Act 2015 No 51