When a service has planned renovations or works, the approved provider is responsible for ensuring that, where required, a waiver for regulation 107 Space requirements—indoor space or regulation 108 Space requirements—outdoor space is submitted and approved before works commence.

You’ll need to submit the waiver applications to the regulatory authority at least 60 days prior to the commencement of works, with the exception of emergency works.

In NSW, the NSW Department of Education is the regulatory authority (NSW Regulatory Authority) for the early childhood education and care sector.

Why timeliness matters

Submitting your waiver application within this timeframe ensures your application is processed smoothly and reduces the risk of any delays impacting your planned works. This lead time is essential for the NSW Regulatory Authority to assess the application thoroughly and ensure compliance with all relevant standards.

Failure to submit your application on time may result in delays, as works should only commence once the relevant waiver has been approved.

Plan for the unexpected

When submitting your waiver, we strongly encourage you to overestimate the time required for your works. This will allow for any unforeseen circumstances, such as work or weather delays, ensuring that you remain compliant throughout the project. Proper planning minimises the risk of needing extensions or facing compliance issues if delays occur.

If works are completed early

We understand that sometimes works are completed faster than anticipated. In such cases, services can revoke a waiver once the works are done by notifying the NSW Regulatory Authority that works are complete and the waiver is no longer required.

How to submit a waiver application

Waiver applications can be submitted via the National Quality Agenda IT System (NQAITS). Refer to 3.2 Application for temporary waiver in ACECQA’s Guide to the National Quality Framework for full details on the requirements.

For out-of scope-services, please visit the department’s Mobile, Occasional Care, Multifunctional Aboriginal Children's Services Application and Notification Forms page.

If you have any questions, please contact the Information & Enquiries team on 1800 619 113 or by emailing ececd@det.nsw.edu.au.