NSW Building Regulations

This article discusses the hierarchy of legislations for approval of a new dwelling on an existing land in NSW. It covers Building Professionals Act 2005, Building Professionals Regulation 2007, Planning for Bush Fire Protection 2006, National Construction Code and more. It also talks about the Building Professionals Board, Australian Building Codes Board, and Australian Standard AS3959 or the NASH standard.

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NSW Building Regulations
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Hierarchy of Legislations for approval of a new dwelling on an existing land:
1. Building Professionals Act 2005:
This is a State legislation that comprises the provision as to the Accreditation of
certifiers, powers of the Building Professional Board (BPB) in terms of protecting general
public, Disciplinary proceedings, investigation of certifying authorities, power to
investigate. This is an important legislation for the developers or housing making
companies (Legislation.nsw.gov.au, 2018). This Act provides:
a. Application for Accreditation of certifiers: A person needs to apply in the form
approved by BPB along with necessary documents and prescribed fee to the BPB
for the accreditation certificate or for the renewal of accreditation certificate.
b. Determination of the application for accreditation: The BPB, on the applications
of the parties, would determine whether to allow or refuse such application of the
parties.
c. Grounds of refusing the applications: The BPB may refuse the application for
accreditation if
 the application does not follow the provisions laid down under section 5(3)
of the Act,
 the board is unsatisfied with the applicant’s knowledge, skill, qualification
and experience required for the accreditation certificate,
 the board is convinced that the applicant is not fit to deserve the
accreditation,
 The applicant has violated a law or code of conduct that is relating to such
accreditation.

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d. Conditions for allowing accreditation: section 6 of the Act lays down the
condition based on which the board allows the application for accreditation. The
board may issue a new term on an existing accreditation or to one applying for
renewal.
e. Power of the BPB in terms of protecting the public: the BPB may make any
necessary action to protect the welfare of the public, when the applicants have
infringed the provisions of Environmental Planning and Assessment Act 1979 or
the Strata Schemes Development Act 2015. The BPB has the power to suspend,
remove or order the applicant to make necessary changes to the application.
f. Investigation of the certifying authorities: the BPB is authorized to look into the
complaints made to it, pertaining to the accreditations. The board may hear a case
expeditiously if such case has the potential to be a threat to the safety of the public
(Legislation.nsw.gov.au, 2018).
 Building Professionals Board
The Building Professional Board is a government authority of New South
Wales (NSW), which was established to look after building certification. It
regulates and accredits NSW certifiers, ensures the integrity of the certification
system and compliance of the legislative requirements (Bpb.nsw.gov.au, 2018).
While the major function of the board is:
 to accredit certifies for enforcing the Environmental Planning and
Assessment Act 1979 and its regulations;
 to promote and maintain the building making standards;

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 to investigate the complaints against the accreditation holders and
matters recommended by the Ministry;
 to review accreditation scheme under the Building Professionals Act
2005;
 to prosecute offences under Building Professionals Act 2005, the
Building Professionals Regulation 2007, or the Environmental
Planning and Assessment Act 1979 (Bpb.nsw.gov.au, 2018).
It lays down the obligations of the accredited certifiers and directs them to act
within the terms and condition of the accreditation, working according to the code
of conduct, undertake professional development every year, maintain
confidentiality and avoid conflict of interest (Bpb.nsw.gov.au, 2018).
2. Building Professionals Regulation 2007:
The regulation is based on the Building Professionals Act 2005 that comprises of the
additional matters regarding the accreditation of certifiers, keeping of records, required
insurance, and conflict of interests, if any (Legislation.nsw.gov.au, 2018).
a. Accreditation of certifiers: it comprise of the categories of the certificates of
accreditations issued. It lays down the additional condition for inclusion as well as
refusal of the application of accreditation. It also deals with the conflict of interest
arising out of the Swimming Pools Act 1992. In addition to, it throws light on the
recommendations for accreditations by a council.
b. Keeping of records: it lays the duty on the accreditation holders to preserve the
applications, written determinations, certificates or any plans accredited under the
Environmental Planning and Assessment Act 1979. It also refers to any record

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pertaining to the accredited body corporate or of a director of such a body
corporate. It directs council to keep a record of the accreditation holder along with
the applications or written determinations, certificates or plans regarding the
Environmental Planning and Assessment Act 1979 (Legislation.nsw.gov.au,
2018).
c. Indemnity contracts: according to Section 63 of the Building Professionals Act
2005, an accredited certifier is required to be indemnified by an insurance
contract. It comprises professional indemnity contracts pertaining to individuals,
companies and partnerships. It also talks about the buildings for which certificates
are not issued (Legislation.nsw.gov.au, 2018).
 Additional rules and restrictions
Different types of development proposals require approval from the Board.
Home renovations and insignificant building projects are not subject to approvals
from the Council or Certifier. The benefit of exempt development is applicable to
certain projects that meet specific standard and land requirements. In such cases,
approval for building or planning is not required (Planningportal.nsw.gov.au,
2018). Certain areas and properties may have additional rules that is applied to the
renovation and building work, if such property is:
 Located in and around a Conservation zone,
 Enlisted on the heritage building list,
 Listed under the State Heritage register,
 Located near a place with contaminated land,
 Located in and around Bush Fire prone zone,
 Situated in a place where there is a proposed road widening project,
 In a flood affected or prone area.

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In addition to, some other rules like growth centres, wholesale projects and
city transformation projects may require building works or renovations to
apply for approvals (Planningportal.nsw.gov.au, 2018).
3. Planning for Bush Fire Protection 2006:
In 2001, the bush fire of Sydney burnt innumerable homes and hectares of land. The
Planning for Bush Fire Protection 2006 was a result of the parliamentary inquiry of the
incident. It lays down the required Planning for Bush Fire Protection (PBP) which is
meant to be followed by Councils, NSW fire authority, building developer, bush fire
consultant and whoever requires building a property in a bush fire prone area
(Rfs.nsw.gov.au, 2018). The Planning for Bush Fire Protection 2006 adopted the
following objectives as a measure for bush fire protection. It strives to:
 give necessary protection to the occupants of a building exposed to bush fire;
 provide a protective space to be around the building as a barricade;
 provide proper demarcation between the buildings and the hazard which
would prevent the buildings from coming to the direct contact of flames, high
heat and combustion;
 ensure emergency and medical service to the affected people immediately,
when needed;
 provide for maintenance and management of bush fire protection remedies,
comprising fuel load in Asset Protection Zone (APZ);
 provide the availability of adequate utility services and fire fighters required
for the adverse situation (Rfs.nsw.gov.au, 2018).

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The PBP 2018 is in the processing stage of being turned into a legislation by mid-
2019, which is to collide with the enactment of National Construction Code 2019. Till
then, PBP 2006 will be the referenced legal document pertaining to the approvals and
specifications for buildings in bush fire prone areas (Rfs.nsw.gov.au, 2018).
 NSW PBP Appendix 3 Addendum
This appendix gives the clarifications on the usage of the Australian Standard AS3959 or
the NASH standard as laid down in the Building Code of Australia 2010 (BCA). It says that
properties on the bush fire prone area in New South Wales should follow the direction of this
Appendix and some other measures laid down by PBP pertaining to bush fire protection. It
points out that the bush fire protection provisions under BCA are applicable to Class 1, 2, 3
buildings; some parts of Class 4 buildings and Class 9 -10 structures having special fire
protection features. The appendix states the alternative approach to the issues regarding:
 Radiation of heat flux and intensity of fire,
 Flame zone
 Fuel load
 Hazard parameters
4. National Construction Code:
The National Construction Code (NCC) lays down the relevant requirements needed
for health, safety and sustainability in terms of construction of new buildings throughout
Australia (Business.gov.au, 2018). The NCC was initially formed to bring the on-site
necessary constructions under one roof. It includes the Building Code of Australia (BCA)

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and the Plumbing Code of Australia, managed by the Australian Building Codes Board
(ABCB) (Business.gov.au, 2018).
 Australian Building Codes Board
The Australian Building Codes Board (ABCB) is a body under the Council of
Australian Government (COGA) that looks into the development of the National
Construction Code (NCC), including Building Code of Australia (BCA) and Plumbing Code
of Australia (PCA). It was formed under an inter-government agreement (IGA). It acts as a
regulatory body for the COGA. It submits its report to the Ministry of Australian
Government, and to the State and Territory Manager who are under the obligation for the
regulatory matters relating to plumbing and buildings in Australia. It is also known as the
Building Minister’ Forum (BMF) (Abcb.gov.au, 2018).
The BMF has agreed to be responsible for regulatory reforms relating to buildings and
plumbing matters. These reforms strive to lessen the burden of BCA and PCA. It provides a
link between the plumbing and building practices and regulatory practices (Abcb.gov.au,
2018).
 Australian Standard AS3959 or the NASH standard
The NASH standard or ‘the NASH standard steel framed construction in bushfire
areas 2014’ is a policy that lays down solutions for steel-made buildings built in the bushfire
prone zones. This standard provides the standard that needs to be maintained for constructing
buildings in the bushfire prone zones (Nash.asn.au, 2018). This standard has been
incorporated in the Volume II of BCA 2015. Therefore, it needs to be mentioned that the any
construction of a building done within the limits of Bush fire Attack level (BAL) must
comply with the standards laid down under NASH (Nash.asn.au, 2018).

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Therefore, to conclude the essay, a quick summation of all the legislations that are
essential for the approval of starting a new establishment on an existing land is required. The
Building Professionals Act 2005 and the Building Professional Regulation 2007 are most
essential legislative codes to be followed for the state of New South Wales (NSW). The
Planning for Bush Fire Protection 2006 and the NSW PBP Appendix 3 Addendum lays down
the regulation for the constructions in the bushfire prone areas in NSW. Lastly, the National
Construction Code (NCC) lays down the national guidelines for the matter. These legislations
are of utmost importance for the approval for starting a dwelling property on an existing land.

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References:
Abcb.gov.au. (2018). The Board | Australian Building Codes Board. [online] Available at:
https://www.abcb.gov.au/ABCB/The-Board [Accessed 25 Sep. 2018].
Bpb.nsw.gov.au. (2018). Building Professionals Board |. [online] Available at:
http://bpb.nsw.gov.au/ [Accessed 25 Sep. 2018].
Business.gov.au. (2018). National Construction Code. [online] Available at:
https://www.business.gov.au/planning/templates-and-tools/industry-factsheets/national-
construction-code [Accessed 25 Sep. 2018].
Legislation.nsw.gov.au. (2018). NSW Legislation. [online] Available at:
https://www.legislation.nsw.gov.au/#/view/subordleg/2007/18 [Accessed 25 Sep. 2018].
Legislation.nsw.gov.au. (2018). NSW Legislation. [online] Available at:
https://www.legislation.nsw.gov.au/#/view/act/2005/115 [Accessed 25 Sep. 2018].
Nash.asn.au. (2018). Nash | Publications | Nash Standards | National Association of
Steelframed Housing [NASH]. [online] Available at:
https://www.nash.asn.au/nash/publications/nash-standards [Accessed 25 Sep. 2018].
Planningportal.nsw.gov.au. (2018). Do I need approval? | NSW Planning Portal. [online]
Available at: https://www.planningportal.nsw.gov.au/building-or-renovating/do-i-need-
approval [Accessed 25 Sep. 2018].
Rfs.nsw.gov.au. (2018). How to Use Planning for Bush Fire Protection - NSW Rural Fire
Service. [online] Available at: https://www.rfs.nsw.gov.au/plan-and-prepare/building-in-a-
bush-fire-area/planning-for-bush-fire-protection/how-to-use-planning-for-bush-fire-
protection [Accessed 25 Sep. 2018].

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Rfs.nsw.gov.au. (2018). Planning for Bush Fire Protection - NSW Rural Fire Service.
[online] Available at: https://www.rfs.nsw.gov.au/plan-and-prepare/building-in-a-bush-fire-
area/planning-for-bush-fire-protection [Accessed 25 Sep. 2018].