NCC 2019 Volume Two
Footnote: Other legislation affecting buildings

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 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

4. Dining Rooms

Administering Agency

NSW Food Authority

Relevant Legislation

Food Regulation 2015

5. 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

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 Planning and Environment, Energy, Water and Portfolio Strategy

Relevant Legislation

Gas Supply Act 1996

Gas Supply (Safety and Network Management) Regulation 2013

Administering Agency

NSW Fair Trading

Relevant Legislation

Gas and Electricity (Consumer Safety) Act 2017

Gas and Electricity (Consumer Safety) Regulation 2018

8. Historic Buildings

Administering Agency

Office of Environment and Heritage

Relevant Legislation

Heritage Regulation 2012

9. Lift Installations

Administering Agency

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

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

SafeWork NSW

Relevant Legislation

Work Health and Safety Regulation 2017

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 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

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

NSW Fair Trading

Relevant Legislation

Swimming Pools Act 1992

Swimming Pools Regulation 2018