The Building Legislation Amendment (Building Classes) Regulation 2023 (Regulation) was published by the NSW Government on 24 February 2023 and brought with it a raft of changes that are expected to affect builders, developers, owners corporations and more generally, those involved in the construction process.

The key changes are highlighted below:


1. Class 3 and 9c buildings now captured by the Design and Building Practitioners Act 2020 (Design Act): From 3 July 2023, the Design Act will apply to buildings classified as class 3 or 9c part, which includes (among other buildings) boarding houses, guest houses, hostels, or residential care buildings. Some transitional provisions apply depending on when the relevant work was commenced or prepared.


2. Class 3 and 9c buildings now captured by the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act): Similarly, from 3 July 2023, the RAB Act will apply to buildings classified as class 3 or 9c part.


3. Insurance requirements under the Design Act extended: The introduction of the Regulation means that builders are exempt from the insurance requirements stipulated in the Design Act until 1 July 2024. Previously, this date was 1 July 2023.


The construction industry is constantly evolving and so is the legislation at the forefront of it. Accordingly, if you have any doubt as to whether these amendments affect you, it is prudent to obtain professional advice to avoid any compliance issues arising.


The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

Liability limited by a scheme approved under Professional Standards Legislation.


Author: Maysaa Parrino & Shikha Chand