Property guide
NSW Building Orders — What They Are and What They Mean for Buyers
NSW building orders are formal regulatory actions issued by the NSW Building Commissioner or local councils against buildings with serious defects or safety risks. They can prevent occupation, restrict use of common areas, or require owners to undertake urgent rectification works. Understanding what building orders mean — and how to check for them — is an important part of apartment due diligence in NSW.
Types of building orders in NSW
There are several types of building orders that can affect residential buildings in NSW:
Prohibition Orders: issued under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act), these prohibit an occupation certificate from being issued for a new building until defects identified by the Building Commissioner are rectified. They prevent apartments from being settled until the defects are fixed.
Stop Work Orders: can be issued by the Building Commissioner or council to halt construction on a project where serious defects or unsafe work practices are identified.
Fire Safety Orders: issued by council under the Environmental Planning and Assessment Act when a building's fire safety measures are inadequate. The owner must upgrade fire safety systems within a specified timeframe.
Unsafe Building Orders: issued by council when a building or structure is considered unsafe for occupation, requiring either demolition or immediate remediation.
The NSW Building Commissioner and the RAB Act
The NSW Building Commissioner was established in 2019 following the Opal Tower and Mascot Towers crises, which exposed systemic defects in the mid- to high-rise apartment construction sector. The Commissioner has powers under the RAB Act to inspect buildings, issue orders, and appoint project rectifiers.
The Commissioner maintains a public register of buildings under active orders at the NSW Planning Portal. This register is searchable by development application (DA) number or by address. For new apartments, checking the register before signing a contract and again before settlement is a prudent step.
The Commissioner has issued orders across dozens of buildings in Sydney, primarily in high-growth postcodes like Zetland, Mascot, Wolli Creek, Parramatta, Liverpool, and Campbelltown — areas that experienced high volumes of apartment construction in the 2010s.
What building orders mean for buyers
For buyers of new apartments (off the plan or recently completed), a prohibition order means settlement cannot proceed until the order is lifted. If you have exchanged contracts and a prohibition order is subsequently issued before settlement, you may have grounds to rescind the contract, but you will need legal advice on your specific circumstances.
For buyers of existing apartments, a building order does not necessarily prevent settlement — it depends on the type of order. A fire safety order requiring works within 12 months, for example, may not prevent settlement but will become your responsibility as the new owner (via the owners corporation) once you own the lot. Understanding the remediation costs before you commit is essential.
Always ask your solicitor to check for any outstanding orders as part of conveyancing. This should be a standard step but confirm it explicitly.
Building orders data on Stickybeak
Stickybeak's building orders data is sourced from the NSW Fair Trading strata active orders register. It shows the number of buildings in each postcode with active orders under the RAB Act. A high number of active orders in a postcode is a warning indicator — it reflects a history of defect-prone construction in that area.
For specific buildings, check the NSW Planning Portal and the Building Commissioner's register directly. Stickybeak's suburb-level count is a risk signal, not a building-specific assessment.
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