Building reform legislation update

New building legislation is expected to be introduced to NSW Parliament later this year.

The NSW Government is seeking comments on the draft building Bills and other documents for this building reform. Local government and industry groups have until 18 October 2024 to respond.

Key changes for councils to be aware of are proposals to:

• Move the certification provisions out of planning legislation and into the draft Building Bill.
• Change terminology used in the building approval process.
• Introduce provisions that would allow Building Commission NSW to impose a new role of “Supervising Certifier” to oversee council certification work.
• Require prefabricated buildings to obtain development consent under planning legislation rather than existing Local Government Act approval processes.

The draft building legislation package follows earlier public consultation in 2022. The reform package builds on ongoing changes to building legislation to transform regulation of the construction industry and restore trust and confidence in this industry.

LGNSW will be responding to Building Commission NSW (BCNSW) on the three new building Bills and supporting documents it has circulated.

Councils are invited to contact us for more information.

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