2021 Changes to the Building Laws

On 1 July 2021, NSW laws regarding units and multi-use buildings came into full force.

With these changes come two new Acts that outline the obligations of builders, developers and design professionals;

·      Design and Building Practitioners Act 2020 

·      Design and Building Practitioners Regulation 2021

The new laws now require the registration of ‘building and design practitioners’ through the Office of the Building Commissioner.

Importantly, the construction, additions/ alterations and renovations of any building with 2 or more single-owned dwellings is subject to the new laws.

Compliance Declarations

Changes have also been made to the regulation of building practitioners under the new laws. This includes the implementation of compliance declarations, that are to be signed by the Principal Contractor.

There are 3 types of compliance declarations;

·      Design Compliance Declaration

·      Building Compliance Declaration

·      Principal Compliance Declaration

A breach of a compliance declaration is a criminal offence, with costly fines attached.

Further, any variations to the design after commencement of the work must also adhere to these new laws through obtaining the appropriate declarations and ‘variation statements.’ Additionally, a registered building practitioner must be impartial in providing compliance declarations.

Role of a Building Practitioner

A registered building practitioner must provide specific documents to the Secretary of the Department of Customer Service prior to the commencement of building, within one day of commencing s variation to building work, before the issue of an occupation certificate, and no later than 90 days after the issue of an occupation certificate.

Restrictions and Stop Work Orders

These new acts also show the restrictions put on the issuance of EP&A Act certificates. Specifically, the acts deal with restrictions on construction, complying development, and occupation certificates, as well as appeal rights.

Stop work orders will be issued to ensure compliance with the new laws.

Existing Projects

For any projects the have either commence construction prior to 1 July, have completely prepared a design prior to 1 July, or have multiple construction certificates, transitional arrangements have