NCC 2019 Volume One Amendment 1
Footnote: Other legislation affecting buildings

Footnote: Other legislation affecting buildings

Footnote: Other legislation affecting buildings

IIn 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. Abattoirs, Knackeries and Meat Premises

Administering Agency

NSW Food Authority

Relevant Legislation

Food Regulation 2015

2. Boarding Houses

Administering Agency

Department of Family and Community Services – Ageing, Disability and Home Care

Relevant Legislation

Boarding Houses Regulation 2013

3. 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

4. Crematoria, Vaults, Mortuary Churches etc.

Administering Agency

NSW Ministry of Health

Relevant Legislation

Public Health Regulation 2012

5. Crown Land — Construction Approval

Administering Agency

Department of Industry

Relevant Legislation

Crown Land Management Act 2016

Crown Land Management Regulation 2018

Administering Agency

NSW Rural Fire Service

Relevant Legislation

Rural Fires Act 1997

6. Dairies

Administering Agency

NSW Food Authority

Relevant Legislation

Food Regulation 2015

7. Dangerous Goods (including Gas Installations)

Administering Agency

Department of Planning and Environment, Energy, Water and Portfolio Strategy

Relevant Legislation

Explosives Regulation 2013

Gas Supply Act 1996

Gas Supply (Safety and Network Management) Regulation 2013

Administering Agency

SafeWork NSW

Relevant Legislation

Explosives Regulation 2013

Work Health and Safety Regulation 2017

Administering Agency

NSW Fair Trading

Relevant Legislation

Gas and Electricity (Consumer Safety) Act 2017

Gas and Electricity (Consumer Safety) Regulation 2018

8. Dining Rooms and Bars

Administering Agency

NSW Food Authority

Relevant Legislation

Food Regulation 2015

9. Electrical Installations

Administering Agency

NSW Fair Trading

Relevant Legislation

Gas and Electricity (Consumer Safety) Regulation 2018

Gas and Electricity (Consumer Safety) Act 2017

Administering Agency

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

10. 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

11. Food Premises

Administering Agency

NSW Food Authority

Relevant Legislation

Food Regulation 2015

12. Foundries

Administering Agency

Department of Planning and Environment, Energy, Water and Portfolio Strategy

Relevant Legislation

Gas Supply Act 1996

Administering Agency

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

13. Historic Buildings

Administering Agency

Office of Environment and Heritage

Relevant Legislation

Heritage Regulation 2012

14. Hospitals, Nursing Homes and Health Care Buildings

Administering Agency

NSW Ministry of Health

Relevant Legislation

Private Health Facilities Regulation 2017

Poisons and Therapeutic Goods Regulation 2008

15. Hot or Warm Water Systems and Air Handling Systems

Administering Agency

NSW Ministry of Health

Relevant Legislation

Public Health Regulation 2012

16. Lift Installations

Administering Agency

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

17. 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

18. Work Health and Safety

Administering Agency

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

19. Pharmacies

Administering Agency

Pharmacy Council of New South Wales

Relevant Legislation

Health Practitioner Regulation National Law (NSW)

Health Practitioner Regulation (New South Wales) Regulation 2016

20. Planning Controls

Administering Agency

Department of Planning and Environment

Relevant Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000

21. Premises for Activities Involving Skin Penetration

Administering Agency

NSW Ministry of Health

Relevant Legislation

Public Health Regulation 2012

22. 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 2017

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

23. Septic Tank Installations

Administering Agency

Office of Local Government

Relevant Legislation

Local Government Act 1993

Local Government (General) Regulation 2005

24. Sleeping Accommodation

Administering Agency

NSW Ministry of Health

Relevant Legislation

Public Health Regulation 2012

25. Smoking Restrictions

Administering Agency

NSW Ministry of Health

Relevant Legislation

Smoke-free Environment Regulation 2016

Smoke-free Environment Act 2000

Public Health (Tobacco) Act 2008

26. Subdivision of Buildings

Administering Agency

Department of Finance, Services and Innovation

Relevant Legislation

Conveyancing Act 1919

Conveyancing (General) Regulation 2013

Strata Scheme Development Act 2015

Strata Scheme Development Regulation 2016

Community Land Development Act 1989

Community Land Development Regulation 2007

27. Swimming Pool Fences

Administering Agency

Office of Local Government

Relevant Legislation

Swimming Pools Act 1992

Swimming Pools Regulation 2018

28. Temporary Structures

Administering Agency

Department of Planning and Environment

Relevant Legislation

Environmental Planning and Assessment Act 1979

Environmental Planning and Assessment Regulation 2000