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NSW 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 2021 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 Customer Service and Department of Communities and Justice
Relevant Legislation
Boarding Houses Regulation 2013
3. Children’s Services
Administering Agency
Department of Education
Relevant Legislation
Children (Education and Care Services National Law Application) Act 2010
Children (Education and Care Services) Supplementary Provisions Regulation 2019
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 Planning and Environment
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
Relevant Legislation
Gas Supply Act 1996
Gas Supply (Safety and Network Management) Regulation 2013
Administering Agency
Department of Customer Service
Relevant Legislation
Explosives Regulation 2013
Work Health and Safety Regulation 2017
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
Department of Customer Service
Relevant Legislation
Gas and Electricity (Consumer Safety) Regulation 2018
Gas and Electricity (Consumer Safety) Act 2017
Work Health and Safety Regulation 2017
10. Fire Prevention in Existing Buildings
Administering Agency
Department of Planning and Environment and Department of Customer Service
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2021
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
11. Food Premises
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2015
12. Foundries
Administering Agency
Department of Planning and Environment
Relevant Legislation
Gas Supply Act 1996
Administering Agency
Department of Customer Service
Relevant Legislation
Work Health and Safety Regulation 2017
13. Historic Buildings
Administering Agency
Department of Planning and Environment
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
Department of Customer Service
Relevant Legislation
Work Health and Safety Regulation 2017
17. Moveable Dwellings (in Caravan Parks)
Administering Agency
Department of Planning and Environment
Relevant Legislation
Local Government Act 1993
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021
18. Work Health and Safety
Administering Agency
Department of Customer Service
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 Regulation 2018
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 2021
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
Department of Planning and Environment
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2021
Administering Agency
Department of Customer Service
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
Department of Planning and Environment
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2021
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 Customer Service
Relevant Legislation
Conveyancing Act 1919
Conveyancing (General) Regulation 2013
Strata Scheme Development Act 2015
Strata Scheme Development Regulation 2016
Community Land Development Act 2021
Community Land Development Regulation 2021
27. Swimming Pool Fences
Administering Agency
Department of Customer Service
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 2021
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021