Important information for registered certifiers: new regulation to begin in the New Year

As some members will know, the NSW Government has recently released the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (the Regulation).

The Regulation is located here.

The Regulation is relevant for registered certifiers and will commence on 1 January 2022, and therefore it is important that all members are across the relatively minor changes made by the Regulation.

Background

The Lambert Report made many observations and recommendations, including that the navigation of the Environmental Planning and Assessment Act requirements was fragmented and difficult from a user perspective and needed to be fixed.

This new Regulation seeks to address this particular observation.

Summary

Effectively, the existing building certification, subdivision and fire safety provisions that were in the Environmental Planning & Assessment Regulation 2000 (EPAR200) have been transferred to the new Regulation.

This includes provisions for:

construction certificates
occupation certificates
subdivision works certificates
subdivision certificates
fire safety requirements
penalties

The NSW Government Flyer (Frequently asked questions, November 2021) summarises the changes as follows:

“updates have been made to the provisions transferred from the EP&A Regulation 2000.
The key changes made are:

amendments to construction certificate and occupation certificate clauses to align with new requirements for the development and documentation of performance solutions in the National Construction Code that commenced on 1 July 2021;
application of CPI adjustments for fees and charges; and
restructuring and rewriting of the provisions to make them simpler without changing the intended outcome.”

In effect, almost every clause is reworded, and many are simplified as per the government’s stated ambit.

Members have until 1 January 2022 to come to terms with the changes and any implications for their practice.

NOTE
An application for a construction certificates or an occupation certificate, lodged but not determined before 1 January 2022, will continue to be administered under the EP&A Regulation 2000.

What has changed?

The following table (consisting of the three left hand columns) was provided by the NSW Government, to identify the relevant EPAR2000 clauses, that have been altered and placed into the new regulation. Download a PDF of the table.

AAC has added the two “right hand columns” with comments that may be helpful to members in carrying out their own review of the changes and the implications for their certification practice.

If member have concerns not indicated in red text below, please raise them with AAC for inclusion in our dialogue with the NSW Government.

NOTE
Under the new regulation, individual “clauses” are now referred to as a “section or sub-section”.

Previous Clause EP&A Regulation 2000	Title of previous clause			Equivalent section in the new Regulation	AAC comment		Action?
Clause 3	Definitions			Dictionary-	Definitions moved into Schedule 2 of the new regulation. 1. Accredited Practitioner definition changed to “Accredited Practitioner (fire safety). 2. Definition of“AS1670.1” added. 3. Definition of“Approved form” added. 4. Changes to BASIX definitions (there are many) some of note are: Additional exclusions added for some boarding houses, seniors housing, group homes and hostels. Codemark scheme definition added. “Critical fire safety measure” definition added. “dwelling” definition now also references the standard instrument definition Definition added “essential fire safety measure” Definition added “final fire safety certificate” Definition of “fire safety engineer” recognises them under BAD Certifiers Act 2018. Definition added “Hydraulic fire safety system” .and separately “alteration to hydraulic fire safety system” Definition added “interim fire safety certificate” Definition added “applicant” Definition of “exit” changed to “fire exit” and now includes an exit under a past approval or law regardless of whether that law still exists. Definition added “Registration Secretary”. Definition added “relevant building work plans and specifications”. Definition added “relevant fire safety system”. Definition added “relevant provisions”. Definition added “required information”. Definition added “sole occupancy unit’.		Members to note and change relevant company check sheets related to development certificates as needed.
Clause 103	Notice of appointment of principal certifier			Section 57	No change in effective content		Nil
Clause 103A	Notice of critical stage inspections			Section 58	No change in effective content		Nil
Clause 104	Notice to commence subdivision work or erection of building			Section 59	No change in effective content		Nil
Compliance Certificates
Clause 138	Compliance certificate			Section 4, 5	Appears to be fine tuning rather than change		Nil
Clause 138A	Restriction on issue of compliance certificate			Section 6	Penalties added.		Nil
Construction Certificates
Clause 139	Applications for construction certificates			Section 7	Updated clause in relation to planning portal		Nil
Clause 139A	Withdrawal of construction certificate application			Section 11	Reworded, same meaning		Nil
Clause 140	Certifier may require additional information			Section 12	Clause re-worded and made clearer. Now refers to information “certifier considers necessary” rather than “information considered essential” Word change makes it easier for certifiers to request information they consider necessary.		Nil
Clause 141	(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)			-	No change		Nil
Clause 142	Determination of construction certificate applications			Section 13	Rewording and reference clause changes. Nothing apart of concern		Nil
Clause 142A	Deemed refusal for construction certificate applications			Section 119	Complete rewording. Basic provisions appear the same. Lawyer may differ.		Nil.
Clause 143	Fire protection and structural capacity			Section 14	Complete rewording. Attempt to make clearer what is required. Certifiers to note and read this clause when they do code assessments as the meaning may change for individual project circumstances.		Nil
Clause 143A	Construction certificates for residential apartment buildings			Section 15	Reworded. Content appears same.		Nil
Clause 143B	Inspections for construction certificates			Section 16	Reworded. Content appears same.		Nil
Clause 143C	Record of site inspections			Section 17	Reworded. Content appears same.		Nil
Clause 144		Referrals to NSW Fire Brigades		Section 25 - 29		Dept of Planning has advised – Whilst the wording of the former cl.144 EP&A Regulation 2000 has been simplified in the new s.26 including with the term “relevant building work” the obligations that apply to specified applications have not changed. In addition, whilst the specific words “erection, rebuilding, alteration, enlargement or extension” do not appear in new s.26 all of these types of development are nevertheless still Clause 144 Referrals to NSW Fire Brigades Section 25 - 29 AAC raised a number of concerns for certifiers to note including for certifiers to note the new term “relevant building work”. AAC advised members to read Sections 25-29. We note the advice from Fair Trading below. Fair Trading have advised – Whilst the wording of the former cl.144 EP&A Regulation 2000 has been simplified in the new s.26 including with the term “relevant building work” the obligations that apply to specified applications have not changed. In addition, whilst the specific words “erection, rebuilding, alteration, enlargement or extension” do not appear in new s.26 all of these types of development are nevertheless still captured because of the thread of definitions contained within the Environmental Planning and Assessment Act 1979 (EP&A Act) Specifically: • s. 1.4 defines the erection of a building as including the rebuilding of, the making of alterations to, or the enlargement or extensions of, a building. • s. 1.4 also defines a building as including part of a building. • s. 6.1 defines building work (in summary) as any physical activity involved in the erection of a building and also includes any structure or part of a structure. • s. 6.1 also defines new building to include an altered part of, or an extension to, an existing building. The definitions in the EP&A Act affect the interpretation and application of the provisions in this new Regulation and these must be read together.		Note
Clause 144A		Performance solution reports for fire safety aspects		Section 18		Rewritten content. Certifiers to read and note.		Nil
Clause 145		Compliance with consent and BCA		Section 19		AAC notes issues that members may have come across with the CodeMark scheme over the past couple of years (such as reduced industry confidence, withdrawn certificates etc). Certifiers to read the clause and take care that Codemark Certificates are appropriate to the work. Where appropriate and detailed properly, the Codemark product is not permitted to be refused (except where a product is prohibited under the Products (Safety) Act 2017. Note that certifiers have indemnity for acceptance of a design (where applied correctly). We note that the Codemark Scheme continues to be supported by NSW Regulation.		Note
Clause 146		Compliance with development consent conditions		Section 20		Rewording Penalties stated.		Note
Clause 146A		Compliance with planning agreement		Section 21		No change Penalties added.		Nil
Clause 146B		Compliance with planning agreement		Section 22		Rewording Certifiers to read and note.		Nil
Clause 147		Form of construction certificate		Section 23		AAC has raised a concern about this clause being confusing. 23 Information to be included in construction certificate—the Act, s 6.33(1) (1) A certifier must not issue a construction certificate unless the certificate contains the following information— ........ (g) a statement to the effect that building work completed in accordance with the documents accompanying the application for the certificate, including modifications verified by the certifier shown on the documents, will comply with the requirements referred to in the Act, section 6.12, In response, Dept of Planning advised - 23(g) makes reference to 6.12 of the Act, which is an error. 23(g) should make reference to s.6.6(2) of the Act, which reflects no change from the former Clause 147 of EPAR2000 which referenced s.6.6(2) of the Act. The department intends to correct the error in an upcoming amendment. Given that the Certifier is required to make a declaration when issuing a CC, confirming compliance with 23(g), the advice from the department is that "a practical approach would be for them to make a statement that the requirements in s6.6(2) were complied with as this is the relevant section and is what we’ll be amending the provision to state."		Certifiers to amend their certificate format accordingly.
Clause 148		Modification of construction certificate		Section 24		Reworded. Appears to have same meaning.		Nil
Subdivision works certificates
Clause 148A		Application for subdivision works certificate		Section 30		The Department of Planning has confirmed the documents that were previously specified in Part 3A of Schedule 1 to the EP&A Regulation 2000 have now been listed in the new s.30(2), however these requirements are not new or additional. There has been no change to the requirements applying to applications for subdivision works certificate, just a consolidation of the existing requirements.		Note
Clause 148B		Withdrawal of application		Section 31		Minor rewording		Nil
Clause 148C		Certifier may require additional information		Section 32		Reworded		Nil
Clause 148D		(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)		-		Note		Nil
Clause 148E		Procedure for determining application		Section 33				Nil
Clause 148F		Compliance with development consent		Section 34		Definition added for “design and construction of subdivision work” Section reworded. Penalties added to section.		Nil
Clause 148G		Compliance with planning agreement		Section 34		Reworded		Nil
Clause 148H		Form of certificate		Section 35		No change Penalties added.		Nil
Clause 148I		Modification of certificate		Section 36		Reworded. Some additional clarification about the application of the provision.		Nil
Clause 148J		Deemed refusal period for certificate		Section 119		No change Penalties added.		Nil
Occupation Certificates
Clause 149		Applications		Section 37		Reworded Penalties added.		Nil
Clause 149A		Certifier may require additional information		Section 38		Reworded		Nil
Clause 150			(repealed 26/6/20 by the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020)	-		Note		Nil
Clause 151			Procedure for determining application	Section 39		Reworded. Penalties added.		Nil
Clause 151A			Deemed refusal period for certificate	Section 119		Section 119 totally rewritten. Instead of just covering Occupation Certificates, section 119 covers deemed refusal periods for appeals for DA, CC, OC and Subdivision applications. Additional definitions provided.		Reads OK. Nil
Clause 152			Reports of Fire Commissioner	Section 50		Reworded. Penalties added.		Nil
Clause 152A			Reports of Fire Commissioner for Class 2 or 3 buildings	Section 51		The Dept of Planning has advised there is no effective change (see below). From the Dept of Planning: The former cl.152A EP&A Regulation 2000 applied to all Class 2 or 3 buildings that involved installing, extending or modifying a relevant fire safety system in the building. The corresponding new s.51 has the same operation. The reference to cl.144 in the former cl.152A(2)(b) EP&A Regulation 2000 provided (in summary) an ‘exemption’ from needing to comply with the requirements of clause 152A(1) EP&A Regulation 2000. Specifically, where clause 144 EP&A Regulation 2000 applies to the building work and the Fire Commissioner has furnished a report for the building under clause 152. This remains unchanged in the new s.51.		Note.
Clause 152B			Performance solution reports	Section 40		Reworded. Penalties added.		Nil
Clause 153			Fire safety certificates	Section 41		Reworded. Penalties added.		Nil
Clause 153A			(repealed 30/6/17 by the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017)	-		Note		Nil
Clause 154			Health, safety and other issues	Section 42		Reworded. Penalties added.		Nil
Clause 154A			Requirements for residential apartment buildings	Section 43		Reworded. Penalties added. Definition of “design statement” added.		Nil
Clause 154B			Fulfilment of BASIX commitments	Section 44		Reworded. Penalties added.		Nil
Clause 154C			BASIX completion receipt	Section 45		Reworded. Penalties added.		Nil
Clause 154D			Lighting affecting Siding Springs Observatory	Section 47		Reworded. Additional land area added. Penalties added. Certifiers take care to note changes related to complying development.		Nil
Clause 154E			Compliance with planning agreement	Section 48		Reworded. Penalties added.		Nil
Clause 154F			Payment of development contributions	Section 46		The Dept of Planning has advised that the new s.46 transfers existing requirements in the 2000 Regulation without change, aside from re-phrasing and consolidation of several clauses. .		Certifiers to ensure all captured by their OC checklists
Clause 155			Form of certificate	Section 49		Department of Planning has advised – There has been no change to the application of this provision. The former cl.155(1)(e)(ii) EP&A Regulation 2000 specifically referred to a development consent or a complying development certificate being in force for the building, and whilst the new s.49(1)(h)(ii) now only refers to a development consent it still applies to complying development certificates because the definition of a development consent in s1.4 of the EP&A Act includes a complying development certificate. New s.49(1)(h)(iii) requires an OC to contain a statement to the effect that “if building work has been carried out—a current construction certificate has been issued in relation to the building work plans and specifications,”. This tends to suggest that building work can only be undertaken under a CC. However, building work could also be undertaken under a CDC. Alternatively, the provision could be read as an OC can’t be issued for building work undertaken under an CDC. The corresponding former cl.155(1)(e)(iii) EP&A Regulation 2000 did reference both CCs and CDCs. Notwithstanding that a CDC is a development consent referenced in s. 49(1)(h)(ii) the reference to CDC may need to be reinstated in s. 49(1)(h)(iii).		Note
Clause 156			When an occupation certificate is not required	Section 52		Reworded.		Nil
Clause 156A			Condition apply to occupation certificates for partially completed buildings	Section 53		Reworded.		Nil
Subdivision certificates
Clause 157			Applications	Clause 54		Reworded. Penalties added.		Nil
Clause 158			Certifier may require additional information	Clause 55		Reworded.		Nil
Clause 159			(repealed 30/6/17 by the Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017)	-		Nil.		Nil.
Clause 160			Procedure for determining certificate	Section 56		Reworded. Penalties added.		Nil
Clause 160A			(repealed 30/8/19 by the Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019)	-		Nil.		Nil.
Clause 160B			Deemed refusal period	Section 119		Complete rewording. Basic provisions appear the same. New definitions added.		Nil.
General provisions
Clause 161			Certifiers may be satisfied as to certain matters	Section 73		Reworded. Content appears to be the same.		Nil.
Clause 161A			Directions notices	Section 66		Reworded. Content appears to be the same.		Nil.
Clause 161B			General duties of principal certifiers	Section 67		Reworded. Penalties added.		Nil
Clause 162			Replacement of principal certifier	Section 68		Reworded. Content appears to be the same. Penalties added.		Nil.
Clause 162AA			Provision of information to replacement principle certifier	Section 69		Reworded. Content appears to be the same. Penalties added.		Nil.
Clause 162A			Critical stage inspections for building work	Section 61		Dept of Planning advises – The inspection of the excavation and prior to the placement of the 1st footing for class 2, 3 and 4 buildings appeared in the former cl.162A(7A)(b) EP&A Regulation 2000 and appears in the new s.61(3)(a) – there were no changes to the critical stage inspection requirements for class 2, 3 and 4 buildings in the new Regulation.		Note
Clause 162AB			Critical stage inspections at certain Ports	Section 62		Reworded. Penalties added.		Nil
Clause 162B			Record of critical stage and other inspections	Section 63		Reworded. Penalties added.		Nil
Clause 162C			Progress inspection unavoidably missed	Section 64		Reworded. Definition added specific to this section. Penalties added.		Nil
Clause 162D			Notification to council of significant fire safety issues	Section 60		Reworded Penalties added		Nil
Clause 163			Notice to allow inspections	Section 65		Reworded Penalties added		Nil
Clause 164			No need for duplicate notices	Section 118		Reworded Penalties added		Nil
Clause 164A			BASIX certificates	Section 71		Reworded Penalties added		Nil
Clause 164B			BCA exemption for certain building work	Section 74		Reworded.		Nil
Clause 164C			Interpretation	Omitted. Relevant definitions have been transferred to the Dictionary.		Note – Definitions now sit in Schedule 2 – dictionary except where included in a specific section of the new reg.		Nil
Fire safety provisions
Clause 165			Definitions	Dictionary		Note – Definitions now sit in Schedule 2 – dictionary except where included in a specific section of the new reg.		Nil
Clause 166			Statutory fire safety measures	Section 79		Dept of Planning advises – Lightweight construction appeared in the table to the former cl.166 and appears in the table to the new s.70(4) – there were no changes to the statutory fire safety measures listed in the new Regulation.		Note
Clause 167			Application of part	Omitted. Each new section identifies the application of that provision to certain building types.		Noted. Much less confusing for readers than the EPAR, Cl 167.		Nil
Clause 167A			(repealed 31/10/18 by the Building and Development Certifiers Act 2018)	-		Noted		Nil
Fire safety schedules
Clause 168			Fire safety schedules	Section 78, 79		AAC queried the use of the term “person” as potentially confusing. Dept of Planning advises – Parliamentary Counsel’s Office (PCO) writes the wording of all provisions in legislation and regulation and it was their choice to use the term ‘person’ instead of specifying who is qualified to issue each of those types of approvals/certificates/fire safety orders listed in these sections. This was done to streamline provisions by removing unnecessary and duplicative words, given that the persons who are qualified to issue each of those approvals/certificates/fire safety orders are defined elsewhere in the Regulation. The Department notes the AAC’s concern that it may be clearer to explicitly list who the person taking the actions in this section is, however the Department is not in a position to override PCO’s drafting style.		Certifiers review checklists. Perhaps make internal notes for relevant Reg clauses, within checklists that “person” means “XXX” to assist staff.
Clause 168A			(repealed 20/12/13 by the Environmental Planning and Assessment Amendment (Complying Development and Fire Safety) Regulation 2013)	-		Noted		Nil
Clause 168B			Fire sprinklers in residential aged care facilities	Omitted. The program under Part 9 Division 7B has been completed and those provisions removed.		Noted		Nil
Fire safety orders
Clause 169			Fire safety schedules and fire safety certificates	Section 80		AAC queried the use of the term “person” as potentially confusing. Dept of Planning advises – Parliamentary Counsel’s Office (PCO) writes the wording of all provisions in legislation and regulation and it was their choice to use the term ‘person’ instead of specifying who is qualified to issue each of those types of approvals/certificates/fire safety orders listed in these sections. This was done to streamline provisions by removing unnecessary and duplicative words, given that the persons who are qualified to issue each of those approvals/certificates/fire safety orders are defined elsewhere in the Regulation. The Department notes the AAC’s concern that it may be clearer to explicitly list who the person taking the actions in this section is, however the Department is not in a position to override PCO’s drafting style		Certifiers review checklists. Perhaps make internal notes for relevant Reg clauses, within checklists that “person” means “XXX” to assist staff.
Fire safety certificates
Clause 170			What is a final fire safety certificate	Section 83		Previous 2 clauses combined into 1.		Nil
Clause 171			Issue of final fire safety certificates	Section 84		Reworded		Nil
Clause 172			Certificates issued to Fire Commissioner and displayed	Section 85		Reworded Penalties added.		Nil
Clause 173			What is an interim fire safety certificate	Section 83		Previous 2 clauses combined into 1.		Nil
Clause 174			Form of final fire safety certificate	Section 86		Reworded. Penalties added.		Nil
Fire safety statements
Clause 175			What is an annual fire safety statement	Section 88		Reworded. Penalties added.		Nil
Clause 176			Issue of annual fire safety statement	Section 88		Previous 2 clauses combined into 1.		Nil
Clause 177			Statement to be given to Fire Commissioner and displayed in building	Section 89		Reworded. Penalties added.		Nil
Clause 178			What is a supplementary fire safety statement	Section 90		AAC Query – can a supplementary fire safety statement be issued to satisfy the 6 month limitation under subsection 74(5)(d) ?. Department of Planning's response - The new s.74(5)(d) (in summary) enables the granting of an exemption for building work where a fire safety certificate or fire safety statement that relates to or includes the fire safety system being modified or extended was issued for the building no longer than 6 months before the objection was made. However, this exemption operates as a package with the rest of s.74(5). The Dictionary in the Regulation defines a fire safety statement to mean an annual fire safety statement or supplementary fire safety statement. Therefore, a supplementary fire safety statement could potentially satisfy the requirements of s.74(5)(d) if it includes the fire safety system being modified or extended and also subject to compliance with all other applicable components of s.74.(5).		Certifiers to note.
Clause 179			Issue of supplementary fire safety statement	Section 90		Reworded. Penalties added.		Nil
Clause 180			Supplementary statement to be given to Fire Commissioner and displayed in building	Section 91		Reworded. Penalties added.		Nil
Clause 181			Form of fire safety statements	Section 92		Reworded. Penalties added.		Nil
Fire safety maintenance
Clause 182			Essential fire safety measures to be maintained	Section 81		Reworded. Penalties added.		Nil
Miscellaneous fire safety offences
Clause 183			Fire safety notices	Section 108		Reworded. Penalties added.		Nil
Clause 184			Fire exits	Section 108, 109		Reworded. Definitions added. Penalties added.		Nil
Clause 185			Doors relating to fire exits	Section 109		2 previous clauses combined into 1 section		Nil
Clause 186			Paths of travel to fire exits	Section 108, 109		As above		Nil
Smoke Alarms
Clause 186A			Smoke alarms must be installed in buildings	Section 95, 96, 97		Clause 186A split into three new sections. Rewording. Additional detail added. Penalties added.		Nil.
Clause 186AA			Smoke alarms must be installed in moveable dwellings	Section 98		Reworded. Penalties added.		Nil
Clause 186B			Specifications for smoke alarms	Section 90		Rewritten. Penalties added.		Nil
Clause 186C			Removal or interference with smoke alarms	Section 100		Rewritten. Penalties added.		Nil
Clause 186D			Development consent to install smoke alarms	Section 101		Rewritten		Nil
Clause 186E			Smoke and heat alarms that are essential fire services	Section 102		Rewritten		Nil
Clause 186F			Transitional provisions	Omitted.		Noted		Nil
Clause 186G			Transitional provisions	Omitted.		Noted		Nil
Fire sprinklers in certain residential aged care facilities
Clause 186H			Definitions	Omitted. Division 7B of Part 9 of the 2000 Regulation (which required the installation of fire sprinklers in residential aged care facilities) was not been replicated in the new Reg because the completion date for installation has passed and the program is complete.		Noted		Nil
Clause 186I			Application			Noted		Nil
Clause 186J			Requirement to install fire sprinkler systems			Noted		Nil
Clause 186K			Nominated completion date			Noted		Nil
Clause 186L			Postponement of completion date			Noted		Nil
Clause 186M			Accordance with fire Sprinkler Standard			Noted		Nil
Clause 186N			Occupation certificates			Noted		Nil
Clause 186O			Installation in facilities with 1 March 2016 completion date			Noted		Nil
Clause 186P			Notices for facilities without fire sprinkler systems			Noted		Nil
Clause 186Q			Implementation committee			Noted		Nil
Clause 186R			Applications for CDC and construction certificates			Noted		Nil
Combustible Cladding
Clause 186S			Certain building owners to provide information	Section 103, 104		Dept of Planning confirmed – The former cl.186S EP&A Regulation 2000 limited the requirement to register buildings with combustible cladding to specific classes of buildings set out in cl.167(1)(c) EP&A Regulation 2000 – the new s.103 does not impose any new or further limitations of application, it merely consolidates the two previous clauses.		Note
Clause 186T			Building owner may be directed to provide information	Section 104, 105		Reworded.		Nil
Clause 186U			Register of buildings with combustible cladding	Section106		Reworded.		Nil
Miscellaneous
Clause 187			Modification and supplementation of the BCA	Section 115 - 117		Reworded. Original clause split into multiple new sections. Rarely used.		Nil
Clause 188			Exemption from fire safety standards	Section 111		Rewritten. Penalties added.		Nil
Clause 189			Fire brigades’ inspection powers	Section 112		Rewritten		Nil
Clause 190			Offences relating to certain Crown property	Omitted. Section 9.35 of the Act limits the issuing of development control orders to certain property of the Crown		Noted		Nil
Clause 190A			CDCs and CCs for fire sprinkler systems in residential for seniors	Section 113		Rewritten. Standard is now the BCA. Definition added – “residential care facility and seniors”		Nil
Clause 190B			Plans and specs for fire safety systems	Section 114		Rewritten. Penalties added. Definition added – “fire safety plans and specifications”		Nil
Accreditation of building products and systems
Clause 224			CodeMark scheme	Section 19, 120		Reworded.		Nil
Clause 225			Savings provisions	Omitted.		Noted		Nil
Development by the Crown
Clause 226(2) and (3)			Prescribed persons	Section 121		Rewording and defining who is “crown”.		Nil
Clause 227			Technical provisions of the State’s building laws	Omitted. Section 6.28 of the Act now refers to the BCA.		Noted		Nil
Supplementary provisions
Clause 227A			Signs of development sites	Section 75		Reworded. Penalties added.		Nil
Fees and charges
Clause 262B			Fee for BASIX certificate	Section 72		Reworded		Nil
Registers and records
Clause 267A			Records relating to complaints	Section 70		Reworded. Penalties added.		Nil
Provisions arising from transfer of provisions from Local Government Act
Clause 268A			Temporary structures for entertainment venues	Section 76		Noted		Nil
Clause 268B			(repealed 23/10/09 by the Environmental Planning and Assessment Amendment (Entertainment Venues) Regulation 2009)	-		Note		Nil
Miscellaneous
Clause 284			Penalty notice offences	Schedule 1		Not reviewed		Nil
Clause 295			Use of the NSW planning portal	Section 122		Reworded. Additional definitions added.		Nil
Schedule 1 Forms
Clause 6			Documents to accompany application for construction certificate	Section8, 9, 10		No issue raised.		Nil
Clause 6A			BASIX certificate required for certain development	Section 10		No issue raised		Nil
Clause 6AB			Documents to accompany application for subdivision works certificate	Section 30		No issue raised		Nil
Clause 7			Abbreviations for building materials	Section 8		Noted		Nil
Penalty notice offences
Schedule 5			Penalty notice offences	Schedule 1		Not reviewed		Nil

What changes have been made to the EP&A Regulation 2000?

The NSW Government Flyer (Frequently asked questions November 2021) summarises the changes as follows.

“The existing EP&A Regulation will be amended as follows:

deletion of the transferred provisions and definitions.
amendments to complying development clauses to align with new requirements for the development and documentation of performance solutions in the National Construction Code that commenced on 1 July 2021.
deletion of Division 7B of Part 9 of the EP&A Regulation which required the installation of fire sprinklers in residential aged care facilities because the completion date for installation has now passed and the program is complete.
deletion of savings and transitional clauses that are no longer necessary, and
insertion of a new transition clause for the commencement of the proposed Regulation.”

For more information about the new regulation see the frequently asked questions or contact [email protected].

Important information for registered certifiers: new regulation to begin in the New Year

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Summary

What has changed?

What changes have been made to the EP&A Regulation 2000?

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