DBP Act NSW 2024 Update: Builder and Developer Responsibilities

What this DBP Act NSW 2024 update means

The phrase DBP Act NSW 2024 update should not be read as a separate “DBP Act 2024”. The principal legislation is the Design and Building Practitioners Act 2020 NSW, supported by the Design and Building Practitioners Regulation 2021 and NSW Government guidance.

The practical 2024 issue for builders, developers and clients was that the DBP framework continued to affect more project decisions, especially around practitioner registration, regulated building classes, regulated designs, design compliance declarations and lodgement through the NSW Planning Portal.

NSW Government guidance states that design, building and professional engineer practitioners are required to register to work on Class 2, certain Class 3 and Class 9c buildings. It also states that the DBP Act continues to apply to building work on new and existing Class 2 buildings.

For commercial planning, the key point is simple: the DBP pathway should be checked before pricing, procurement, construction commencement, remedial works approval or occupation certificate steps.

Builder responsibilities NSW

Builder responsibilities NSW under the DBP framework can include registration, lodgement, declaration and documentation obligations where the project involves regulated building work.

NSW Government guidance states that a building practitioner is responsible for ensuring all regulated designs have been lodged on the NSW Planning Portal before building work is carried out, and for making building compliance declarations.

Builder responsibilities can include:

• checking whether the project involves a regulated building class;
• confirming whether the work involves a building element or performance solution;
• ensuring regulated designs and design compliance declarations are lodged before relevant building work starts;
• coordinating with registered design practitioners and professional engineers where required;
• managing variations involving building elements or performance solutions;
• keeping construction records, inspection records and close-out documentation;
• lodging final regulated designs and building compliance declarations before occupation certificate steps where applicable.

Holding a building licence does not automatically resolve all DBP obligations. Where the DBP framework applies, registration category, practitioner role, scope and lodgement responsibility need to be checked.

Developer responsibilities NSW

Developer responsibilities NSW can include making sure the project is planned, funded, procured and documented in a way that allows the project team to comply with DBP-related requirements.

Developers should avoid treating DBP compliance as only a contractor issue. DBP problems can affect programme, occupation certificate timing, settlement risk, finance, insurance, defect exposure and reputation.

Practical developer responsibilities include:

• engaging appropriately registered practitioners where required;
• checking that the project team understands the regulated building class and scope;
• allowing time for design preparation, declarations and NSW Planning Portal lodgement;
• ensuring procurement documents clearly define responsibility for DBP compliance steps;
• tracking variations that may affect building elements or performance solutions;
• maintaining records that support compliance, certification and handover;
• obtaining legal, certification or engineering advice where risk is unclear.

A developer or client should not assume that a contractor quote automatically covers DBP obligations unless the scope, design pathway, registration requirements, declarations and exclusions are clearly addressed.

Regulated buildings and regulated designs

NSW Government guidance states that regulated designs are required where there is building work on a regulated building that involves a building element or a performance solution.

The key building elements commonly relevant to DBP review include:

• fire safety systems;
• waterproofing;
• structural load-bearing components;
• building enclosure;
• services required for Building Code of Australia compliance.

For builders and developers, this means DBP review should be built into the early project pathway where the work may affect structure, waterproofing, cladding, façade systems, fire safety, building enclosure, services or performance solutions.

Regulated designs must be lodged before relevant building work starts. If there is a variation involving a building element or performance solution, new or updated regulated designs may be required before the varied work continues.

Client, strata and homeowners rights risk

Clients, homeowners, strata managers and owners corporations should be cautious when DBP-sensitive works are described as simple maintenance or minor repairs without proper review.

The DBP framework is not only a builder issue. It can affect homeowners rights, owners corporation decision-making, defect risk, compliance documentation, insurance position and future asset value.

Projects that may require closer review include:

• cladding replacement or recladding;
• façade works affecting weatherproofing or the building enclosure;
• waterproofing replacement to balconies, podiums, roofs or wet areas;
• structural repairs, cracking, concrete spalling or corrosion works;
• fire-safety rectification;
• remedial works on Class 2 or mixed-use buildings with a Class 2 part;
• work involving performance solutions.

If DBP obligations are missed, the likely consequences can include delay, rework, consultant disputes, certification problems, insurance complications, increased costs and weaker close-out records.

How SCE supports DBP-aware projects

SCE Corp supports DBP-aware construction and remedial work by combining practical building and civil delivery experience with ISO-certified systems, DBP-related capability and structured project documentation.

SCE can assist with:

• early construction and remedial scope review;
• identifying where consultant, engineer or registered practitioner input may be required;
• coordinating cladding, waterproofing, façade, roof, structural and remedial works;
• planning access, staging, safety controls and live-building delivery requirements;
• documenting assumptions, exclusions, evidence, inspection points and handover requirements;
• supporting clients with practical next-step guidance before formal quotation.

SCE does not replace the role of a registered design practitioner, certifier, professional engineer or legal adviser. Where those roles are required, the correct professional should be engaged before the project proceeds.

Related SCE DBP guides

This page is a targeted DBP Act NSW 2024 update for builder responsibilities NSW, developer responsibilities NSW and homeowners rights considerations. For the broader DBP compliance page, use: DBP Act NSW: Compliance Guide for Builders, Designers and Clients.

For DBP-sensitive remedial work in strata buildings, use: DBP Remedial Works NSW: A Practical Guide for Strata and Building Managers.

For building defects, remedial works vs repairs and the DBP Act duty of care, use: Building Defects NSW: Remedial Works, Repairs and DBP Act Duty of Care.

For early triage, use the NSW DBP Applicability Checker and the Remedial Planning Tool.

Authority references

• Design and Building Practitioners Act 2020 NSW
• Design and Building Practitioners Regulation 2021 NSW
• NSW Government: Building classes and roles of professionals
• NSW Government: Design practitioner obligations
• NSW Government: Building practitioner obligations

FAQs about DBP Act NSW 2024 update, builder responsibilities and developer responsibilities