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Footnote: Other Legislation Affecting Buildings
In addition to any applicable provisions of the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000 and this Code, there is a variety of other regulatory provisions, including legislation, regulation and departmental policies that impose requirements affecting the design, construction and/or performance of buildings in NSW.
The following is a non-definitive list of such provisions. It does not include Commonwealth provisions that may apply in NSW, nor planning and environmental standards that may impose building requirements in individual circumstances. It is meant as an indicative guide only and is not to be relied upon in any way as a substitute for further research, investigation and legal advice needed to determine building standards in individual circumstances.
1. Boarding Houses
Administering Agency
Department of Family and Community Services – Ageing, Disability and Home Care
Relevant Legislation
Boarding Houses Regulation 2013
2. Children's Services
Administering Agency
NSW Department of Education
Relevant Legislation
Children (Education and Care Services National Law Application) Act 2010
Children (Education and Care Services) Supplementary Provisions Regulation 2012
3. Crown Land – Construction Approval
Administering Agency
Department of Primary Industries – Lands
Relevant Legislation
Crown Lands Act 1989
Crown Lands Regulation 2006
Administering Agency
NSW Rural Fire Service
Relevant Legislation
Rural Fires Act 1997
4. Dining Rooms
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2010
5. Electrical Installations
Administering Agency
NSW Fair Trading
Relevant Legislation
Electricity (Consumer Safety) Regulation 2015
Electricity (Consumer Safety) Act 2004
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
6. Fire Prevention in Existing Buildings
Administering Agency
Department of Planning and Environment
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
7. Gas Installations
Administering Agency
Department of Industry, Skills and Regional Development – Resources and Energy
Relevant Legislation
Gas Supply Act 1996
Gas Supply (Safety and Network Management) Regulation 2013
Administering Agency
NSW Fair Trading
Relevant Legislation
Gas Supply (Consumer Safety) Regulation 2012
8. Historic Buildings
Administering Agency
Office of Environment and Heritage
Relevant Legislation
Heritage Regulation 2012
9. Lift Installations
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
10. Moveable Dwellings (in Caravan Parks)
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
Administering Agency
Department of Planning and Environment
Relevant Legislation
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005
11. Work Health and Safety
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
12. Planning Controls
Administering Agency
Department of Planning and Environment
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
13. Sanitary Plumbing, Water Supply and Sewerage
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2005
Administering Agency
NSW Fair Trading
Relevant Legislation
Plumbing and Drainage Act 2011
Plumbing and Drainage Regulation 2012
Approval to Connect to Network Utility Operator's System
Refer to the Network Utility Operator for the current Act & Regulation
Hunter Water Act 1991
Sydney Water Act 1994
Water Industry Competition Act (WICA) 2006
14. Septic Tank Installations
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2005
15. Sleeping Accommodation
Administering Agency
NSW Ministry of Health
Relevant Legislation
Public Health Regulation 2012
16. Swimming Pool Fences
Administering Agency
Office of Local Government
Relevant Legislation
Swimming Pools Act 1992
Swimming Pools Regulation 2008