New regulator for the building and construction industry in NSW

The regulation of building and construction is changing

Building Commission NSW is a new, fit-for-purpose building regulator bringing teams together teams from NSW Fair Trading and the Office of the Building Commissioner into one, to provide an integrated and consistent approach to ensuring confidence in residential building quality in NSW.

What are the changes?

Building Commission NSW will be responsible for the regulation of laws as they apply to certifiers, design and building practitioners, developers, home building tradespeople, businesses and others.

These laws include:

• Architects Act 2003 No 89* (NSW Architects Registration Board operates the Architects Act 2003 - the legislation regulating architects in NSW)
• Building and Development Certifiers Act 2018 No 63
• Building and Construction Industry Security of Payment Act 1999 No 46
• Building Products (Safety) Act 2017 No 69
• Design and Building Practitioners Act 2020 No 7
• Environmental Planning and Assessment Act 1979 No 203 **
• Gas and Electricity (Consumer Safety) Act 2017 No 15*
• Home Building Act 1989 No 147***
• Plumbing and Drainage Act 2011 No 59*
• Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 No 9*
• Strata Schemes Development Act 2015 No 51****

^{Acts – Minister for Building *jointly with the Minister for Better Regulation and Fair Trading ; **Part 6 and section 10.13(1)(d) jointly with the Minister for Planning and Public Spaces and the Minister for Better Regulation and Fair Trading; *** whole Act jointly with the Minister for Better Regulation and Fair Trading (except Parts 6, 6A, 6B and 6C); ****, jointly with the Minister for Customer Service and Digital Government}

Key functions transitioning to Building Commission NSW

Building and construction related work areas of NSW Fair Trading are being transitioned to the newly established Building Commission NSW.

Inspections and compliance

Inspections of building quality of residential build quality.

Licensing

Licensing of tradespeople, design practitioners and certifiers.

Complaints

Complaints about home building and licensed tradespeople.

Policy

Ongoing development of reform of building laws in NSW.

How this will impact you

NSW Fair Trading is transferring its building and construction work to the Building Commission NSW. This means you may notice some changes over the coming months.

As the transition continues, information and functions you currently access on the Fair Trading website will be moving to nsw.gov.au. In the meantime, the information you need may still be found on the NSW Fair Trading website.