Permitted construction working hours in NSW now allow building and demolition work on Saturdays between 7am and 5pm, and specified works on a Sunday between 9am and 5pm. This change took effect on 11 June 2021 and was issued by the NSW State Minister for Planning and Public Spaces under an Order called the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order (No.2) 2021. 

This latest Order sets out the limitation for building work to be performed on weekends without the need for any approval under the Act if it complies with the conditions specified for the development.

The Order permits ‘building work’ or ‘work’, or the ‘demolition’ of a ‘building’, (as these terms are defined in the Environmental Planning and Assessment Act 1979 (NSW)) on a Saturday between the hours of 7am and 5pm. The Order also permits the following works and activities to be carried out on a Sunday between the hours of 9am and 5pm:

• professional and administrative activities which do not involve any physical construction works;
• painting;
• wall and floor tiling;
• waterproofing;
• silicone work (sealing);
• builders clean (excluding site clearing by use of bobcats or similar machinery);
• carpet laying;
• prefabricated joinery installation; and
• any other works occurring indoors which do not produce substantial noise.

The works must be the subject of a development consent, and must comply with all conditions of the consent (except to the extent the consent restricts the hours of work or operation on a Saturday or a Sunday). Additionally, all feasible and reasonable measures to minimise noise must be taken. Works carried out on a Saturday must not involve rock breaking, rock hammering, sheet piling, pile driving or similar activities (except to the extent that this was already allowed under the development consent). For works carried out on a Sunday, workers must not play music or use a radio, and must not use certain noisy tools or equipment (including nail guns and electric power tools).

These extended construction working hours will continue to apply until 31 March 2022, subject to any more changes by the NSW Government.

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