NSW Building Regulator Falls Behind on Enforcement

As New South Wales accelerates housing construction, the Building Commission NSW has repeatedly shown signs of weak enforcement.

The agency issued 202 infringement notices in the 2024–25 financial year but continues to use outdated parking infringement books and has taken no substantial action against many developers who defied orders.

The commission currently uses old fine books with carbon copy paper. Officers are required to cross out “Department of Motor Transport” and write “Building Commission NSW”.

Tim James, opposition spokesperson, told The Guardian: “Dodgy builders move fast, yet the building commission is stuck scribbling fines on carbon paper.

“Enforcement is only as strong as the tools behind it and right now those tools are outdated.”

In an interview with The Guardian, Commissioner James Sherrard said: “We are very close to turning those into a digital platform – it should be in place before the end of this calendar year.”

Low compliance with rectification orders

So far, these notices have not served as a real deterrent. Of the 208 building work rectification orders (BWROs) issued by the commission, at least 60 per cent have not been fully complied with.

This includes an apartment building in Rockdale, Sydney, where the developer ignored a fire safety rectification order, forcing residents to initiate legal proceedings themselves.

Although failure to comply with a BWRO constitutes a criminal offence, with corporations facing potential fines of up to $330,000, the commission has not secured any court-imposed fines since the legislation came into effect in 2020.

The commission had previously listed 42 developers recommended for prosecution, but no action has been taken.

In addition to weak enforcement, the commission faces systemic issues. It previously lacked access to police databases, resulting in some tradespeople receiving licences without criminal checks.

In the 2025–26 state budget, the government allocated $145 million to the commission for the first time and plans to supplement the budget through fine revenue.

However, the industry remains doubtful that the commission has the capacity to support the state’s target of 377,000 new homes by 2029.