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From July 3, 2023, the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings Act 2020 will be expanded to cover class 3 and 9c buildings. These acts exist to make sure that buildings are safe and meet the required standards for their design and construction.
Class 3 buildings include residential buildings such as boarding houses or hostels, that provide either short- or long-term accommodation to unrelated people. Class 9c buildings cater to residents that may need care, such as physical assistance in conducting daily activities or help to evacuate in an emergency.
In accordance with professional development requirements, building and design practitioners are required to register with NSW Fair Trading from July 3, 2023 to continue working on such buildings as shared accommodation and residential care.
Starting July 3, 2023, the scope of the Design and Building Practitioners and Residential Apartment Buildings Acts will be broadened to encompass Class 3 and 9c buildings. However, this expansion will only be applicable to the construction of new buildings for now.
For alterations or renovations to existing similar class buildings, these changes will take effect from July 1st, 2024.
Starting from July 3, 2023, in order to conduct work on Class 3 and 9c buildings in NSW, you now need to register as a design or building practitioner under the DBP Act. To find out more please visit the NSW Planning Portal.
For builders that are already registered as a design or building practitioner, there is no need to reapply. You can use your existing registration to make declarations for Class 3 and 9c buildings.
You can learn more about the eligibility process and how to complete registration by accessing the links provided below:
- Design practitioner registration
- Building practitioner registration
Applicants will need to demonstrate skills and knowledge,and must successfully finish two compulsory online learning modules on the Construct NSW Digital Learning Platform.
- Navigating the Design and Building Practitioners (DBP) legislation
- The Value of Australian Standards
Under the DBP (Design and Building Practitioners) Act, design practitioners and building practitioners are obligated to fulfil mandatory insurance requirements. To learn more about the specific insurance obligations that apply to you, please refer to our FAQs page.
Building work for projects started before July 3, 2023
If construction commenced prior to July 3, 2023, the regulations and responsibilities outlined in the DBP Act do not apply to the ongoing work conducted under that specific construction or complying development certificate.
However, it is necessary to upload the designs you have relied upon thus far to the NSW Planning Portal.
For designs completed but building work starts after July 3, 2023
If building work is scheduled to commence after July 3, 2023, under a specific complying development certificate or construction certificate, the regulations and obligations stated in the DBP Act will apply to your situation. This applies irrespective of whether your construction certificate was issued prior to or after July 3, 2023.
In cases where designs were prepared before July 3, 2023, by a practitioner who does not meet the eligibility criteria for registration, those designs must undergo a review by a registered design practitioner who is capable of issuing a Certificate for designs prepared before July 3, 2023. This Certificate allows the building practitioner to use the design for building work as if it were a regulated design.
Effective from July 3, 2023, all design and building work conducted under a construction certificate or complying development certificate (including staged development projects) must comply with all requirements specified in the DBP legislation.
Key Takeaways
- The Design and Building Practitioners Act 2020 and the Residential Apartment Buildings Act 2020 in NSW will be expanded from July 3, 2023, to include Class 3 and 9c buildings, with alterations or renovations to existing buildings coming into effect from July 1, 2024.
- Building and design practitioners are required to register with NSW Fair Trading from July 3, 2023, to continue working on shared accommodation and residential care buildings.
- Registration for design or building practitioners under the DBP Act is mandatory for working on Class 3 and 9c buildings in NSW.
- To register, practitioners need to submit declarations regarding their design and building work through the NSW Planning Portal.
- Design and building practitioners must complete two compulsory online learning modules on the Construct NSW Digital Learning Platform and provide certificates of completion during the registration process.
- Insurance requirements apply to design practitioners and building practitioners under the DBP Act.
- New buildings falling under classes 3 and 9c require registration of design practitioners and building practitioners. Design declarations must comply with the Building Code of Australia and be lodged on the NSW Planning Portal before construction begins.
- Ongoing building work initiated before July 3, 2023, is not subject to the DBP Act's regulations and responsibilities, but designs must be uploaded to the NSW Planning Portal. However, subsequent building work under a different construction certificate after July 3, 2023, must adhere to the new regulations.
- For projects with designs prepared before July 3, 2023, by a practitioner who does not meet the eligibility criteria, a registered design practitioner must review the designs and issue a certificate to allow the use of those designs for building work.
- From July 3, 2023, all design and building work conducted under a construction certificate or complying development certificate must comply with the requirements specified in the DBP legislation.