The Government’s legislation will close existing loopholes in the system. Currently, without central oversight, it is not known how many affordable homes there are in New South Wales.

This can lead to poor compliance and mismanagement, including overcharging for rent and not providing priority access based on need.

Further, this Bill will ensure taxpayer money is being used in the best interest of the people of New South Wales, ending a pattern under the existing system where some developers could access planning incentives for affordable housing, and then not deliver fairly priced housing.

The Community Housing Providers (Adoption of National Law) Amendment Bill 2025, introduced to Parliament today, will for the first time:

• Create a public register of all affordable homes – tracking where homes are, who owns them, and who manages them
• Establish a new category of Affordable Housing Managers who will be responsible to the NSW Government Registrar for ensuring the eligibility of tenants and that affordable rents are charged
• Ban developers from getting occupation certificates unless a registered manager is appointed, and affordable housing rules are legally recorded on the property title
• Introduce fines and enforcement powers for failing to rent to eligible tenants or breaching conditions
• Strengthen information sharing and oversight.

This is the latest piece of legislative reform as part of the Minns Labor Government’s work to address the housing crisis facing New South Wales.

Quotes attributable to Minister for Planning Paul Scully:

“We are making sure affordable housing is delivered alongside market housing through our planning reforms such as the Infill Affordable housing pathway, the Housing Delivery Authority and the Transport Oriented Development program.

“The Transport Oriented Development program is the first time in NSW history that a government has introduced inclusionary zoning for affordable housing in perpetuity, these reforms will guide and support that affordable housing delivery.

“These reforms are already supporting the delivery of hundreds more affordable homes with thousands more in the planning pipeline, so it is important that we take steps to improve the oversight of these homes.”

Quotes attributable to Minister for Housing and Homelessness Rose Jackson:

“We’re drawing a line under the cowboy era of unregulated affordable housing. These laws ensure that if you say you’re delivering affordable housing, you actually do.

“This is about protecting the integrity of affordable housing. If a developer gets approval under affordable housing rules, they must deliver on that promise and affordable homes must be managed properly and go to eligible tenants.

“These reforms are fair and focused. They reduce the regulatory burden on owners while giving government the power to step in when things go wrong. It’s about trust, accountability, and making sure affordable housing actually stays affordable.”

Quotes attributable to Shelter NSW CEO John Engeler:

"Shelter NSW is greatly encouraged by this announcement giving immediate operational certainty. This legislation provides protection for the growing area of affordable housing, especially for those on lower incomes.

"Shelter NSW is keen to make sure that over time bonuses and incentives aimed at increasing the supply of affordable housing, especially in perpetuity, are long remembered well after the excitement of a new building is announced.

"All too often legislation lags behind changes in the market – steps taken today by Government, especially for the Minister of Planning and the Minister of Housing and Homelessness, ensures that legislation for this growing area of alternative market housing is not having to play catch-up. 

"We welcome these reforms, improvements, and enhancements that mean people have more affordable and secure housing, especially those who need it most."