It is important to make sure telecommunications infrastructure is available in real estate new developments.
People moving into new properties expect ready access to modern telecommunications, including broadband and voice services.
The Telecommunications in new developments (TIND) policy provides guidance for developers, property buyers, occupants and telecommunications carriers on this important matter.
The latest policy, issued on 1 September 2020, reflects the new statutory infrastructure provider (SIP) laws and gives NBN Co greater flexibility in servicing new developments.
If you are a property developer, you have important obligations to ensure your development has modern telecommunications infrastructure for property buyers and occupants.
If you are a property buyer or moving into a new premises, it is important to check what telecommunications infrastructure is in place before buying or building your new premises.
If telecommunications infrastructure is not installed, occupants may not be able to access the broadband or phone services they need or be without them for longer than needed. They may also be subject to additional costs to access these services. Providing this infrastructure during the development stage can save both time and money.
This page provides information about what to do if you are a developer, new property buyer or occupant to make sure your development has timely access to modern broadband and phone services.
On this page:
- Telecommunications in new developments (TIND) policy
- Information for new property buyers and occupants
- Information for developers
- Statutory infrastructure provider (SIP) regime
- Statutory infrastructure provider register
Telecommunications in new developments (TIND) policy
The Government has published the TIND policy, which outlines its policy for the provision of telecommunications in new developments.
The TIND policy has two key objectives: to provide people moving into new developments with ready access to modern telecommunications, both voice and broadband; and to support a competitive and sustainable market for the provision of such infrastructure by fostering efficiency, innovation and choice.
The latest version of the TIND policy took effect on 1 September 2020.
The Department has prepared a fact sheet titled 'Telecommunications in New Developments' that provides a guide for consumers and industry.
The 2015 version of the TIND policy is no longer in effect, and is provided here for reference purposes only.
New property buyers and occupants
- If you are planning to buy or build a property in a new development, you should check that your developer has arranged for telecommunications infrastructure to be installed before signing a contract. This is important so you can access the broadband and phone services you want when you move in.
- If there is no telecommunications infrastructure, you may face significant inconvenience, delays and extra costs to have it installed.
- You should ask your developer or the person selling the property what telecommunications infrastructure and retail services will be provided in the development, who is providing them, and when services will be available.
- You can check the statutory infrastructure provider (SIP) register maintained by the Australian Communications and Media Authority (ACMA) to see if it lists your development and the telecommunications network provider which is servicing it.
- If you are building a new home, you should make sure you think about how you want to cable your home for broadband and phone use to suit your needs, before finalising the design of your home. If you do this after your home is complete, it may be more costly.
- If you are a developer, you are responsible for providing telecommunications infrastructure in your developments.
- Providing modern telecommunications in your developments may help make them more attractive to potential buyers. Most buyers will expect modern broadband and phone access.
- You can choose any carrier you want to service your development.
- If you don't wish to choose another carrier, NBN Co is the default statutory infrastructure provider (SIP) for Australia.
- Carriers, including NBN Co, can charge for providing infrastructure in new developments.
- Under Commonwealth law, developers are generally required to provide fibre-ready pit and pipe in their developments at their expense. The next section has more details.
Legislative requirements for pit and pipe
The Australian Parliament has passed laws that require all developers to arrange for fibre-ready pit and pipe infrastructure to be installed in proximity to building lots or building units before those developers sell or lease the building lots or units. These laws are contained in Part 20A of the Telecommunications Act 1997 and associated rules.
Under the law, the pit and pipe that developers install must be functional—for example, they should not be blocked by earth or concrete.
When the laws were first passed in 2011 they only applied to constitutional corporations. The Parliament amended the laws in 2021 so that the pit and pipe arrangements apply to all developers, incorporated or unincorporated.
Developers may be able to access an exemption from these arrangements in some circumstances. For example, where pre-existing facilities can be re-used or for developments in rural, bushland and remote locations that meet strict criteria.
We maintain a register of developments exempted from these requirements.
Statutory infrastructure provider (SIP) regime
The SIP regime came into effect on 1 July 2020. It provides a framework so that all people in Australia can access superfast broadband services.
The key obligations of SIPs are to connect premises in their service areas to their networks, and supply wholesale services, on reasonable request from a carriage service provider acting on behalf of an end-user within the designated SIP area.
The wholesale services must allow the retail provider to supply broadband services with peak download and upload speeds of at least 25/5 Mbps. On fixed-line or fixed-wireless networks, the wholesale services SIPs supply must also enable retail providers to supply voice services.
SIPs must also publish the terms and conditions on which they offer to connect premises and supply eligible services to carriage service providers.
NBN Co is the default SIP for all of Australia. Where carriers other than NBN Co are contracted to service new developments then those carriers are to be the SIPs for those areas.
The Australian Communications and Media Authority (ACMA) is responsible for monitoring compliance with the SIP obligations. Further information can be found at www.acma.gov.au/statutory-infrastructure-provider-regime.
Statutory infrastructure provider register
The ACMA maintains a register of SIPs and their service areas. The register includes areas served by NBN Co and developments served by competing alternative service providers. It includes both pre-existing developments and new developments as they are completed.
Prior to the SIP regime coming into operation, some carriers uploaded data on telecommunications infrastructure in new developments to the National Map. This data continues to be available for reference, but it is no longer being updated because of the ACMA's new role in registering SIPs.