Legislation administered by Building Commission NSW

Architects Act 2003

An Act to provide for the registration and regulation of architects; to repeal the Architects Act 1921; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading. 

The objects of this Act are:

• to ensure that architects provide services to the public in a professional and competent manner, and
• to provide mechanisms to discipline architects who are found to have acted unprofessionally or incompetently, and
• to ensure that the public is appropriately informed about the qualifications and competence of individuals or organisations holding themselves out as architects, and
• to promote a better understanding of architectural issues in the community. 

Read this Act on the NSW legislation website

Architects Regulation 2017

This Regulation makes provision with respect to the following:

• the qualifications required for registration as an architect,  
• the criteria that courses of study must meet to be accredited by the NSW Architects Registration Board (the Board),  
• the particulars to be recorded in the Register of architects,  
• the appointment of academic members to the Board and the election of architects to the Board,  
• what constitutes a representation that a person is an architect,  
• exceptions allowing the use of certain names by professional associations of architects,  
• the code of professional conduct for architects,  
• the conduct of architects that is to constitute professional misconduct,  
• savings and formal matters.

Read this Regulation on the NSW legislation website

Building and Construction Industry Security of Payment Act 1999

An Act with respect to payments for construction work carried out, and related goods and services supplied, under construction contracts; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

The objects of this Act are:

1. to ensure that any person who undertakes to carry out construction work (or who undertakes to supply related goods and services) under a construction contract is entitled to receive, and is able to recover, progress payments in relation to the carrying out of that work and the supplying of those goods and services.
2. to ensure that a person is entitled to receive a progress payment, by granting a statutory entitlement to such a payment regardless of whether the relevant construction contract makes provision for progress payments.
3. to ensure that a person is able to recover a progress payment, by establishing a procedure that involves:
   • the making of a payment claim by the person claiming payment, and
   • the provision of a payment schedule by the person by whom the payment is payable, and
   • the referral of any disputed claim to an adjudicator for determination, and
   • the payment of the progress payment so determined.
4. to ensure that this Act does not limit:
   • any other entitlement that a claimant may have under a construction contract, or
   • any other remedy that a claimant may have for recovering any such other entitlement.

Read this Act on the NSW legislation website

Building and Construction Industry Security of Payment Regulation 2020

This Regulation makes provision with respect to the following:

• the requirement for head contractors to hold retention money for construction contracts with a value of at least $20 million,
• the maintenance and disclosure of retention money trust account records,
• the eligibility criteria for adjudicators.

Read this Regulation on the NSW legislation website

Building and Development Certifiers Act 2018

An Act to provide for the registration of persons carrying out certification work and the accreditation of persons carrying out other regulated work; to repeal the Building Professionals Act 2005 and other legislation; to amend other Acts and instruments consequentially; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

The objects of this Act are:

• to provide for the registration of persons to carry out certification work and the accreditation of persons to carry out other regulated work,
• to recognise that certification work is an important public function with potential impacts on public health, safety and amenity and to ensure that it is carried out impartially, ethically and in the public interest,
• to provide for the approval of certain bodies corporate as accreditation authorities to exercise accreditation functions under this Act,
• to ensure appropriate scrutiny and review of actions taken by persons exercising functions under this Act and the certification legislation,
• to provide a framework to permit the continuous improvement of the carrying out of certification work.

Read this Act on the NSW legislation website

Building and Development Certifiers Regulation 2020

This Regulation makes provision with respect to the following:

• the registration of certifiers,  
• the insurance required to indemnify registered certifiers,  
• conflicts of interest relating to registered certifiers,  
• the contracts required for certification work,  
• accreditation authorities,  
• record keeping,  
• the carrying out of certification work by or on behalf of a council,  
• permitting certain registered certifiers and other persons to carry out certain regulated work,
• matters to be included on the register of registrations and approvals,  
• providing that supervision is certification work,  
• the classes of registration for certifiers and the qualifications, experience, skills and knowledge required for registration in a class,  
• the code of conduct for registered certifiers,  
• continuing professional development requirements for registered certifiers,  
• the fees payable,  
• the offences under the Act and this Regulation for which penalty notices may be issued. 

Read this Regulation on the NSW legislation website

Building Legislation Amendment Act 2023

An Act to make miscellaneous amendments to building legislation and other legislation administered by the Minister for Better Regulation and Fair Trading and the Minister for Building.

Jointly with the Minister for Better Regulation and Fair Trading.

Read this Act on the NSW legislation website

Building Products (Safety) Act 2017

An Act to prevent the unsafe use of building products in buildings and to provide for the rectification of affected buildings; and for related purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

The key concepts of this Act include:

Safety risks and unsafe use of building products

1. For the purposes of this Act, there is a safety risk posed by the use of a building product in a building if any occupants of the building are or will likely be at risk of death or serious injury arising from the use of the building product in the building.
2. A risk can be considered to arise from the use of a building product in a building even if the risk will only arise in certain circumstances or if some other event occurs, such as fire.
3. The regulations may prescribe other circumstances in which a safety risk is posed by the use of a building product in a building.
4. For the purposes of this Act, the use of a building product in a building is unsafe if there is a safety risk posed by the use of the building product in the building.

Read this Act on the NSW legislation website

Design and Building Practitioners Act 2020

An Act with respect to the registration of design practitioners, principal design practitioners, professional engineers, specialist practitioners and other building practitioners, compliance declarations and a duty of care; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

Read this Act on the NSW legislation website

Design and Building Practitioners Regulation 2021

This Regulation makes provision with respect to the following:

• the registration of design practitioners, principal design practitioners, building practitioners and professional engineers (the practitioners),
• the form and content of certain regulated designs and compliance declarations,
• provision of certain documents to the Secretary of the Department of Customer Service,
• exclusions to building work and professional engineering work,
• the insurance required to indemnify registered practitioners,
• the recognition of professional bodies of engineers and the body’s requirements for a recognition or registration scheme,
• matters to be included on the register of registrations of practitioners,
• the classes of registration for practitioners and the qualifications, experience, knowledge and skills required for registration in a class of practitioner,
• continuing professional development requirements for registered practitioners,
• the code of practice for registered practitioners,
• record keeping,
• the offences for which penalty notices may be issued.

Read this Regulation on the NSW legislation website

Environmental Planning and Assessment Act 1979 - Part 6 and section 10.13(1)(d)

An Act to institute a system of environmental planning and assessment for the State of New South Wales; to repeal the Environmental Planning and Assessment Act 1979; and for other purposes.

Part 6 and section 10.13(1)(d), is administered jointly with the Minister for Planning and Public Spaces and the Minister for Better Regulation and Fair Trading

Read this Act on the NSW legislation website

Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

A Regulation under the Environmental Planning and Assessment Act 1979 to provide for the certification of development and for fire safety of buildings, and for other related purposes.

Read this Regulation on the NSW legislation website

Gas and Electricity (Consumer Safety) Act 2017

An Act to make provision with respect to electricity and gas safety, to repeal the Electricity (Consumer Safety) Act 2004, the Electricity (Consumer Safety) Regulation 2015 and the Gas Supply (Consumer Safety) Regulation 2012 and to make consequential amendments to the Gas Supply Act 1996 and other legislation; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

The object of this Act is:

• to provide a single legislative framework for the regulation of consumer safety in relation to gas and electrical products and services.

Read this Act on the NSW legislation website

Gas and Electricity (Consumer Safety) Regulation 2018

This Regulation makes provision with respect to the following:

• requirements for the marking of declared electrical articles and requirements for articles that are not declared electrical articles, that must be complied with before the articles can be sold,
• applications for, and the extension, renewal and modification of, model approvals for electrical articles, and particulars to be included in certificates of model approvals and notices suspending or cancelling model approvals,
• the declaration of recognised external approval schemes for the approval or certification of models of electrical articles, including applications for declarations and reporting requirements,
• requirements for the labelling of gas appliances that must be complied with before they can be sold,
• applications for, and conditions of, authorities to certify gas appliances,
• general restrictions on the sale or other disposal of electrical articles and gas appliances (including in relation to warnings to accompany certain articles and appliances, and the disposal of non-conforming articles and appliances),
• standards and other requirements for, and the testing and inspection of, electrical installation work,
• standards for gasfitting and autogas work, and the testing and inspection of gasfitting and autogas installations on completion of that work,
• requirements relating to the sale and use of certain gas installations and the use of autogas installations (including the attachment of compliance plates), the connection of gas appliances and components to gas installations, the connection of gas cylinders to autogas installations and the supply of gas for use in gas installations and autogas installations,
• the maintenance of electrical installations and gas installations,
• notification of serious electrical or gas accidents,
• compensation payable under the Act in relation to seized electrical articles or gas appliances,
• particulars required to be entered in the registers required to be kept under the Act,
• the metering of gas supplied by means of a gas network and the testing of gas meters and gas meter testing equipment,
• the prescription of certain offences under the Act and this Regulation as penalty notice offences,
• fees for services provided under the Act (including provision for a mechanism for the automatic adjustment for inflation of fees),
• ancillary, minor or consequential matters.

Read this Regulation on the NSW legislation website

Home Building Act 1989

An Act to make provision concerning the residential building industry and certain specialist work; and for other purposes. 

The Whole Act is jointly administered with the Minister for Better Regulation and Fair Trading (except Parts 6, 6A, 6B and 6C).

Read this Act on the NSW legislation website

Home Building Regulation 2014

This Regulation makes provision with respect to the following:

• the threshold amounts of the cost of labour and material (contract price) involved in residential building work or specialist work above which the following apply:
  • the requirements of the Act that apply to residential building work,
  • the requirements of the Act and regulations about the content of contracts for residential building work,
  • the requirement to provide a cooling‑off period,
  • the maximum amount of progress payments that can be demanded,
  • the requirement to include a warning in a contract for sale about the absence of insurance for owner‑builder work,
  • the requirement to obtain a permit for owner‑builder work,
• the provision of consumer information,
• the terms that must be included in certain contracts to do residential building work and the terms that must not be included in such contracts,
• the categories of residential building work and specialist work that a contractor licence, supervisor certificate or tradesperson certificate may authorise the doing or supervision of,
• the checklists required to be included in contracts to do residential building work,
• administrative details relating to the grant of contractor licences, supervisor certificates, tradesperson certificates and owner‑builder permits, including the following:
  • educational, training and qualification requirements for owner‑builder permits,
  • replacement licences, certificates and permits,
  • exceptions from the cancellation of contractor licences,
  • extended descriptions of the work that the holders of various categories of contractor licences or certificates are authorised to do,
  • disqualifications from holding licences, certificates or permits,
• the transfer of proceedings relating to building claims from a court to the Civil and Administrative Tribunal,
• the warning about non‑compliance with an order resolving a building dispute or building claim that must be included in an order of that Tribunal,
• requirements for the display of signs by licensees,
• restrictions on advertising by licensees,
• obtaining insurance in relation to residential building work, including the following:
  • the persons who may arrange insurance contracts,
  • beneficiaries under insurance contracts,
  • the losses that an insurance contract must indemnify beneficiaries against,
  • the limitations on liability and cover that an insurance contract may contain,
  • minimum insurance cover,
  • time limits within which insurers are taken to accept claims and for giving notice of loss or damage,
  • the monetary threshold above which residential building work must be insured,
  • the maximum insurance excess,
• exemptions from certain requirements of the Home Building Act 1989,
• fees for applications for the grant, renewal, restoration, variation or replacement of licences, certificates or permits,
• the register of particulars of licences, certificates and permits required to be kept under that Act.

Read this Regulation on the NSW legislation website

Plumbing and Drainage Act 2011

An Act to regulate certain plumbing and drainage work and to establish a single regulator for that work, and for related purposes. 

Administered jointly with the Minister for Better Regulation and Fair Trading.

Read this Act on the NSW legislation website

Plumbing and Drainage Regulation 2017

This Regulation prescribes the following matters under the Plumbing and Drainage Act 2011 (the Act):

• the periods within which notices, certificates of compliance and plans of work are to be given in relation to plumbing and drainage work,
• certain information that is required to be provided to the plumbing regulator in relation to plumbing and drainage work that involves performance solutions under the Plumbing Code of Australia,
• exemptions from provisions of the Act in relation to the carrying out of minor plumbing and drainage work and plumbing and drainage work carried out by employees of network utility operators,
• fees payable under the Act and offences under the Act and this Regulation for which penalty notices may be issued.

Read this Regulation on the NSW legislation website

Residential Apartment Buildings (Compliance and Enforcement) Act 2020

An Act with respect to compliance with, and the enforcement of, certain building and construction legislation and codes; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

Read this Act on the NSW legislation website

Residential Apartment Buildings (Compliance and Enforcement) Regulation 2020

This Regulation is made under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, including sections 14(5), 18, 64 and 75 (the general regulation‑making power) of that Act.

Read this Regulation on the NSW legislation website

Strata Schemes Development Act 2015

An Act to create freehold strata schemes and leasehold strata schemes; to provide for dealings with lots and common property in the schemes and for varying, terminating and renewing the schemes; and to repeal the Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986.

Jointly with the Minister for Customer Service and Digital Government.

The objects of this Act are:

• the subdivision of land, including buildings, into cubic spaces to create freehold strata schemes and leasehold strata schemes, and
• the way in which lots and common property in strata schemes may be dealt with, and
• the variation, termination and renewal of strata schemes.

Read this Act on the NSW legislation website

Strata Schemes Development Regulation 2016

This Regulation makes provision with respect to the following:

• the form and content of location plans, floor plans, administration sheets and schedules of unit entitlements that relate to strata schemes,
• the carrying out of development in stages of a parcel subject to a strata scheme,
• the issuing of strata certificates and the giving of certificates by owners corporations,
• the lodgment of plans and documents with the Registrar‑General,
• the collective sale or redevelopment of strata schemes under strata renewal plans,
• interests (such as easements) that affect a parcel subject to a strata scheme,
• the designation by a plan of the site of a proposed affecting interest,
• the payment of fees.

Read this Regulation on the NSW legislation website

Swimming Pools Act 1992

An Act to require access to private swimming pools to be effectively restricted; to repeal the Swimming Pools Act 1990; and for other purposes.

Jointly with the Minister for Better Regulation and Fair Trading.

Read this Act on the NSW legislation website

Swimming Pools Regulation 2018

This Regulation is made under the Swimming Pools Act 1992, including sections 5, 22C and 35 of that Act (cf section 43 of the Interpretation Act 1987).

Read this Regulation on the NSW legislation website