Changes on 3 February 2023

The Environmental Planning and Assessment (Development Certification and Fire Safety) Amendment (Construction Certificates) Regulation 2023 commences on 3 February 2023. It contains a number of amendments to both the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 and the Environmental Planning and Assessment Regulation 2021.

The changes are as follows:

The 'lock in' provision

For a multi storey building, at the time of the application of the construction certificate (CC) that includes the 'entrance floor' (being the floor containing the building's principal pedestrian entrance), the edition of the Building Code of Australia (BCA) that is in force applies and is locked in for any subsequent CC applications under the same development consent.

Role of certifier

The certifier is now required to nominate the BCA edition on the CC that applies to the building work.

Modification of development

The edition of the BCA applying to the original CC application applies to any subsequent application to modify the development.

The Regulation contains transitional provisions that will apply to projects where development consent has already been granted.

2022 was a busy year for NSW building reforms, and we expect the activity to continue throughout 2023. We will continue to provide you with updates on reforms and how they affect construction industry participants.