NSW New Inspection and Seizure Powers for Building Product Regulators

Building Legislation Amendment Bill 2023

Legislative Council

Legislative Assembly

Assent

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Effects of this bill

If this bill passes, it means that:

Inspectors can enter and inspect common property in strata or community schemes to conduct investigations.
Authorised persons can cut open or demolish residential building work if they suspect an offence.
Authorised officers can seize building products; they must provide a written receipt.
The Building Secretary can order that seized building products be forfeited to the government.
The Building Secretary can force people in the building supply chain to share safety notices; they can also require a person to show cause why they should be allowed to keep supplying products.
People given a stop work order can appeal to the Tribunal within 30 days.
Fines for offences jump to 3,000 penalty units (2026: $330,000) for corporations; other people face 1,000 penalty units (2026: $110,000).

The Debate

What different members said when this bill was debated:

Tri Vo ALP

“I continue my contribution to the debate in support of the Building Legislation Amendment Bill 2023. Schedule 4 to the bill covers suspension of authorisation.”

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Donna Davis ALP

“I speak in support of the Building Legislation Amendment Bill 2023. Across New South Wales, the number of new buildings plagued with defects is simply unacceptable. Therefore, I welcome the bill, which will improve transparency, accountability and the quality of work in the building and construction industry in this State.”

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Liesl Tesch ALP

“The Building Legislation Amendment Bill 2023 will protect community members across New South Wales by ensuring improved transparency and accountability while guaranteeing that the quality of work in the building and construction industry across New South Wales is of the utmost importance.”

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Nathan Hagarty ALP

“The Building Legislation Amendment Bill 2023 amends the Home Building Act 1989 to introduce new powers for the building regulator. The bill is designed to progress a range of reforms to strengthen consumer protections for home owners, ensuring accountability for unsafe building products, and to provide necessary powers to address practitioners, noncompliant work and poor behaviour.”

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Julia Finn ALP

“The Building Legislation Amendment Bill 2023 is incredibly important, and I support it 100 per cent. The legislation will support the crucial work of the Building Commission and deliver on the Government’s commitment to transformational reforms to secure behavioural change in the building and construction industry.”

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Jenny Leong GRN

“The Greens support the Building Legislation Amendment Bill 2023. The bill proposes welcome amendments to the Home Building Act 1989, the Building Products (Safety) Act 2017, the Strata Schemes Management Act 2015, the Building and Development Certifiers Act 2018 and the Design and Building Practitioners Act 2020.”

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Anoulack Chanthivong ALP

“I welcome their contributions. The recent surge in building defects has cast a shadow over the dream of home ownership and the safety of our built environment. The scale of this problem is significant, and it demands urgent attention.”

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News articles and press releases

Building Legislation Amendment Bill 2023

The Hon. PENNY SHARPE, Minister for Climate Change — 2023-10-12

The bill makes amendments to various Acts to improve accountability and responsibility in the construction industry by expanding proactive enforcement powers for the Building Commissioner, including rectification and stop-work orders for residential homes to ensure greater oversight of, and confidence in, low-rise residential construction—a key recommendation of the Legislative Council’s Public Accountability Committee’s report on further inquiry into the regulation of building standards that this Government has already started to implement; imposing obligations and accountability on all persons in the building product supply chain to ensure the design, manufacture, supply and installation of safe and compliant building products; enhancing the framework for decennial liability insurance to increase consumer protections for apartment building owners; expanding powers for the New South Wal