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Comply with NSW Design and Building Practitioners Act 2020

Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.

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Who must comply

Builders (individuals or bodies corporate) who agree to do or are principal contractor for building work on class 2, 3 or 9c buildings in NSW; design practitioners and principal design practitioners preparing regulated designs; professional engineers doing civil, electrical, fire safety, geotechnical, mechanical or structural engineering work on those buildings; and developers under the RAB Act. Certain low-risk class 3 buildings and hotels or motels with no strata or serviced apartments are exempt from 1 July 2024.

What triggers it

Preparing regulated designs for, or carrying out or contracting to carry out building work on, a class 2, 3 or 9c building (or a building with such a part) in New South Wales.

When due

Registration in the correct class before doing the work; regulated designs and design compliance declarations lodged on the NSW Planning Portal before the relevant building work starts (certifiers cannot issue a construction certificate without them); building compliance declaration and as-built designs lodged before applying for an occupation certificate; developers notify the expected date of the occupation certificate application and pay any building work levy.

Evidence required

Registration certificates for each design practitioner, building practitioner and professional engineer class used; regulated designs and design compliance declarations; Planning Portal lodgement records; building compliance declaration and as-built designs; contractor licence or supervisor certificate under the Home Building Act 1989 underpinning registration; builders' annual CPD records.

Max penalty

Building Commission NSW can issue building work rectification orders, stop work orders and (before an occupation certificate) prohibition orders that block occupation, accept enforceable undertakings, issue penalty infringement notices and audit buildings for up to 10 years after the occupation certificate. Offence penalty amounts were not verified for this entry; check the Act on legislation.nsw.gov.au

Who must comply with this? The applicability test by industry, business structure and size.

Summary

The Design and Building Practitioners Act 2020 (NSW) requires design practitioners, building practitioners and professional engineers to be registered to work on regulated buildings, and makes them declare that designs and completed work comply with the Building Code of Australia. It first applied to class 2 buildings (multi-unit apartments and mixed-use buildings with a class 2 part) and, from 3 July 2023, to certain new class 3 and 9c buildings (class 3 shared residential buildings and class 9c residential care buildings such as aged care); alteration and renovation work on existing class 3 and 9c buildings comes under it from 1 July 2028. Registered design practitioners prepare regulated designs and design compliance declarations; the single building practitioner for a project must lodge them on the NSW Planning Portal before work starts, and lodge a building compliance declaration before an occupation certificate is applied for. Building Commission NSW enforces the scheme alongside the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.

Enforced by

Source legislation

Industries

Topics

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Frequently asked questions

Who must comply with NSW Design and Building Practitioners Act 2020?
Builders (individuals or bodies corporate) who agree to do or are principal contractor for building work on class 2, 3 or 9c buildings in NSW; design practitioners and principal design practitioners preparing regulated designs; professional engineers doing civil, electrical, fire safety, geotechnical, mechanical or structural engineering work on those buildings; and developers under the RAB Act. Certain low-risk class 3 buildings and hotels or motels with no strata or serviced apartments are exempt from 1 July 2024.
What triggers NSW Design and Building Practitioners Act 2020?
Preparing regulated designs for, or carrying out or contracting to carry out building work on, a class 2, 3 or 9c building (or a building with such a part) in New South Wales.
When is NSW Design and Building Practitioners Act 2020 due?
Registration in the correct class before doing the work; regulated designs and design compliance declarations lodged on the NSW Planning Portal before the relevant building work starts (certifiers cannot issue a construction certificate without them); building compliance declaration and as-built designs lodged before applying for an occupation certificate; developers notify the expected date of the occupation certificate application and pay any building work levy.
What is the maximum penalty for NSW Design and Building Practitioners Act 2020?
Building Commission NSW can issue building work rectification orders, stop work orders and (before an occupation certificate) prohibition orders that block occupation, accept enforceable undertakings, issue penalty infringement notices and audit buildings for up to 10 years after the occupation certificate. Offence penalty amounts were not verified for this entry; check the Act on legislation.nsw.gov.au
What evidence is required for NSW Design and Building Practitioners Act 2020?
Registration certificates for each design practitioner, building practitioner and professional engineer class used; regulated designs and design compliance declarations; Planning Portal lodgement records; building compliance declaration and as-built designs; contractor licence or supervisor certificate under the Home Building Act 1989 underpinning registration; builders' annual CPD records.

Source: https://www.nsw.gov.au/housing-and-construction/compliance-and-regulation/professionals-working-on-regulated-buildings/building-classes-and-roles. Rules Mate is not a law firm. Always verify against the live regulator source before acting.