The New Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021

Last Updated:

Following stakeholder concerns, the Department of Planning, Industry & Environment reviewed the Environmental Planning and Assessment Regulation 2000 (NSW). Among the changes, the Department separated the provisions made under Part 6 of the Environmental Planning and Assessment Act 1979 (NSW) – relating to building and subdivision certification – and transferred them into a new Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, which commenced on 1 January 2022. The provisions are largely unchanged, and the Department produced a table mapping the transferred provisions to their new clause numbers. This article outlines the restructure, what has moved into the new regulation, and the practical implications for certifiers and practitioners navigating the reorganised certification framework.

Table of Contents

Following concerns raised by multiple stakeholders, a review of the Environmental Planning and Assessment Regulation 2000 (2000 Regulation) was prompted by the Department of Planning Industry & Environment (The Department).

Amongst the many changes, the Department sought to simplify the 2000 Regulation by separating the provisions of the 2000 Regulation that are made under Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), which relate to building and subdivision certification, and transfer such provisions to a new Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (DCFS Regulation).

The provisions are largely unchanged and the DCFS Regulation commenced on 1 January 2022. The Department has helpfully produced a table that lists the provisions in the 2000 Regulation that have been transferred into the DCFS Regulation, as well as the new clause numbers.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

Table of Contents

Still have a question?

Tell us about your matter and our team will get back to you.

About the Author
Maysaa Parrino

Partner, Project Lawyers

Maysaa has over two decades experience in advising and acting in the areas of construction, strata and planning & environmental law.

Legal disclaimer

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

Liability limited by a scheme approved under Professional Standards Legislation.