The Building Legislation Amendment (Building Classes) Regulation 2023 (the Amendments) has been implemented to enhance the safety and regulation of construction work in New South Wales (NSW), specifically affecting class 3 and 9c buildings. This new legislation expands the regulatory framework to include these types of buildings, ensuring they adhere to the same regulations and management as others.
Until now, the Design and Building Practitioners Act 2020 (DBP Act) and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) only governed class 2 buildings, primarily residential apartments. However, with the recent Amendments, class 3 and 9c buildings will now fall under the definition of ‘building works’ in these acts.
Class 3 buildings are designed for long-term or transient accommodation of unrelated individuals, such as boarding houses, dormitories, residential parts of a detention center, and hostels larger than those covered under class 1b.
Class 9c buildings, on the other hand, are residential structures built for the care of individuals with varying needs. These buildings must have ten percent or more of its occupants requiring physical assistance with daily activities and emergency evacuations.
The changes introduced by the Amendments will only apply to new buildings from July 3, 2023, regardless of when the construction certificate was issued. However, for the alteration and renovation of existing buildings, the changes will take effect from July 1, 2024.
If you have already commenced building works on a class 3 or 9c building with a construction certificate or complying development certificate (CDC), the Amendments will be implemented differently. In some cases, you may be exempt from the registration and declaration regime imposed by the DBP and RAB Acts.
For alterations, additions, repairs, renovations, and protective works on existing buildings that do not have any part classified as class 2, there is a grace period under the Amendments. The DBP Act will only start applying from July 1, 2024.
However, it is essential to note that the designs used for works commenced before July 3, 2023, must still be uploaded to the NSW Planning Portal. Any subsequent works on these projects will also need to comply with the regulations outlined in the DBP and RAB Acts.
The same rule applies to works that began before July 3, 2023, but do not require a specific certificate or CDC and remain incomplete. In such cases, a registered design practitioner may review the designs completed between July 2, 2023, and July 3, 2024, if the original practitioner is ineligible for registration.
If you are concerned about meeting the registration prerequisites, there is no need to panic. Professional engineers or design practitioners for low to mid-rise constructions may be eligible to apply under alternative and/or transitional arrangements until December 31, 2023.
Unfortunately, the RAB Act does not provide for any transitional provisions and will unconditionally apply to buildings containing a class 3 or 9c part, including mixed-use buildings, from July 3, 2023.
It is crucial for all building, design, and engineering professionals, as well as owners, consultants, and certifiers involved with class 3 and 9c buildings, to review their obligations under the Amendments. To avoid disruptions and delays after July 3, 2023, practitioners should register as soon as possible. However, for building practitioners without a contractor’s license or qualified supervisor certificate, and some design practitioners, registration may not be possible until after that date.
In conclusion, the Building Legislation Amendment (Building Classes) Regulation 2023 introduces significant changes to the regulation of class 3 and 9c buildings in NSW. These changes aim to improve construction work standards, transparency, and safety across the state. It is important for all professionals and stakeholders involved in such buildings to familiarize themselves with the Amendments and ensure compliance to mitigate any potential disruptions in their projects.
