Boarding houses (BH) - Class 1b and Class 3
Boarding houses either have consent/approval (development application, building application, construction certificates) and/or previously repealed Ordinance 42 Local Government Act 1919 licenses. Please note that BH premises are no longer licensed under Ordinance 42.
The premises must comply with the requirements of the Building Code of Australia, the Environmental Planning and Assessment Act 1979, and the Local Government Act 1993, which refer to such things as the number of boarders/rooms, light and ventilation, kitchen facilities, general cleanliness and hygiene, fittings and fixtures, furniture, consent requirements to ensure compliance with the approval, and – in particular – fire safety.
The building owner is responsible to ensure that all required fire safety measures installed within the boarding house are maintained so they work at the required standard during a fire emergency. Every boarding house is required to have suitable fire safety measures.
Each year boarding house owners are required by regulation to provide an annual fire safety statement (AFSS) to Council and to Fire and Rescue NSW.
The implementation of good fire safety management practices which involves the owner, operator, manager, agent and occupants can reduce the likelihood of an outbreak and impact of fire.
Planning/zoning requirements as to where boarding houses can be permitted are regulated by Council's local environmental plans (LEPs). The type of construction and level of fire safety is regulated by the BCA (Building Code of Australia).
Council's controls, plans and policies provide an urban planning framework to guide development in the local government area. Planning controls can be in the form of LEPs, development control plans (DCPs), State Environmental Planning Policies (SEPPs) such as the Housing SEPP, as well as Council-specific codes, strategies and policies.
The following provides an overview of the Boarding House Act 2012:
• The Boarding House Act 2012 (BHA) and the Boarding House Regulations 2013 were passed as a whole-of-government response to concerns about the rights and safety of people living in boarding houses.
• The BHA requires operators of two types of boarding houses to register their boarding house with NSW Fair Trading. The 2 types of boarding houses that need to be registered are:
o "general" boarding houses – boarding premises of 5 or more residents, and
o "assisted" boarding houses – boarding premises where 2 or more residents have "additional needs".
Once boarding houses have been registered with Fair Trading, councils must inspect the premises within 12 months. The BHA provides councils with new powers to gain access to boarding houses in order to conduct the initial compliance inspection. The inspection is to ensure the premises comply with the council's own policies and existing laws including the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 (EPAA).
The following links provide information concerning boarding houses:
• Housing SEPP: See the Department of Planning website.
• Affordable housing: See the Department of Communities and Justice website.
• Boarding Houses Act 2012: Boarding house operators must register with NSW Fair Trading under the Boarding Houses Act 2012. For more information about registration, or to register, please see the NSW Fair Trading website.
• In addition, the Boarding Houses Regulation 2013 provides standards for assisted boarding houses and also sets out some additional requirements for the Boarding Houses Register. Please see the Family and Community Services (FACS) website for further information.
For additional information please visit:
• NSW Legislation
• Fire and Rescue NSW (smoke alarm information)
• NSW Fair Trading
• Housing NSW
• Department of Communities and Justice
• Tenants NSW
• Newtown Neighbourhood Centre
• Homelessness NSW
Classification of boarding houses – National Construction Code, Building Code of Australia
Class 1b:
i. a boarding house, guest house, hostel or the like:
A. with a total area of all floors not exceeding 300 m² measured over the enclosing walls of the Class 1b; and
B. in which not more than 12 persons would ordinarily be resident; or
ii. 4 or more single dwellings located on one allotment and used for short-term holiday accommodation, which are not located above or below another dwelling or another Class of building other than a private garage.
Class 3:
a residential building, other than a building of Class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons, including:
a. a boarding house, guest house, hostel, lodging house or backpackers accommodation; or
b. a residential part of a hotel or motel; or
c. a residential part of a school; or
d. accommodation for the aged, children or people with disabilities; or
e. a residential part of a health-care building which accommodates members of staff; or
f. a residential part of a detention centre