New building regulations came into effect on 3 July 2023, impacting Class 3 buildings, which includes ‘care-type’ facilities such as accommodation for older people, and Class 9d buildings, which includes buildings for people with care needs.
The changes – contained in the Building Legislation Amendment (Building Classes) Regulation 2023 – are being introduced as part of the state’s push to improve building standards and public confidence in the construction sector following the damning Shergold Weir Report which looked into a series of dangerous and poor-quality building projects.
A spokesperson for law firm Russell Kennedy told The Source the amendments are an outcome of the NSW Government’s building reform agenda, “which aims to address the prevalence of serious compliance failures in constructed buildings across NSW.
“Initially, the building reforms focused on apartment buildings, however the NSW Government has now expanded the implementation of building regulatory regimes to support vulnerable people living and working in class 3 and 9c buildings, ie boarding houses and aged care residences, so they can have confidence in the safety and amenity of their homes.”
Russell Kennedy has prepared a note on the changes, and listed some of the key new requirements, including:
- a builder, designer, or engineer working on a class 3 or 9c building in NSW must be registered
- some designs must be declared for compliance with the Building Code of Australia and lodged on the NSW Planning Portal before building work can commence
- builders are to construct the building works in accordance with the declared designs
- developers are to provide a notice on the NSW Planning Portal before the completion of a Class 3 and 9c building works, including the payment of a levy
- design practitioners must be insured
The Russell Kennedy note can be read HERE.
You can read the legislation HERE.
The SOURCE: NSW is widely regarded as the hardest state in which to build new aged care homes and seniors’ housing because of its slow, and at times obstructive, approvals process.
