Home Certification reforms Implementation of reforms

Implementation of reforms

Commencement of new enforcement and inspection provisions

Further provisions of the Amendment Acts, as well as the Environmental Planning and Assessment Amendment (Inspections and Penalty Notices) Regulation 2009 and the Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 were gazetted on 6 February 2009. These provisions are due to commence on 2 March 2009.

Among other things, the provisions introduce:

• New mandatory inspection requirements,
• New penalty notice offences,
• The ability for councils to issue stop work orders, and
• New prescribed conditions of development consent and complying development certificates in relation to the protection of adjoining properties involving certain excavation.

The Department of Planning has prepared two Circulars: PS 09-002 Commencement of provisions - new inspection requirements and PS 09-003 Commencement of provisions - enforcement matters, issued 16 February 2009, which outline the provisions commencing on 2 March 2009. The Circulars can be found at http://www.planning.nsw.gov.au/planningsystem/practicenotes.asp.

Further new enforcement provisions and inspection requirements will be introduced later in 2009.

Commencement of accredited bodies corporate provisions

Provisions of the Building Professionals Amendment Act 2008 that introduce accredited bodies corporate were gazetted on 29 October 2008 and commenced on 3 November 2008. These provisions allow companies, for the first time, to be accredited by the Board. The provisions are supported by the Building Professionals Amendment (Accredited Bodies Corporate) Regulation 2008 which also commenced on 3 November 2008.

For an outline of the accredited bodies corporate provisions, see Circular

For information on how bodies corporate can become accredited, see Info sheet 12

For information on the responsibilities of accredited bodies corporate, see Info sheet 13

For information on the responsibilities of employees of accredited bodies corporate see Info sheet 14

Commencement of other provisions

Further provisions of the Amendment Acts, also commenced on 3 November 2008. A Circular outlines these provisions.

Commencement of certain provisions

The Environment Planning and Assessment Amendment Act 2008 and the Building Professionals Amendment Act 2008 ("the Amendment Acts") received assent on 25 June 2008. Together with other matters, the Amendment Acts introduce significant changes to the planning and certification system in NSW.

The provisions in the Amendment Acts are being commenced in stages over the next 12 months as necessary regulations, guidelines and changes to the Board's accreditation scheme are prepared.

Some changes in the Amendment Acts, where supporting regulations are not needed, commenced on 1 August 2008. The Department of Planning released a Circular that outlines the new provisions.

Further changes, which required minor savings and transitional provisions, commenced on 1 September 2008. The Department released a further Circular that outlines these provisions.