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

A builder’s DBP responsibilities 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

Developers need to plan, fund, procure and document the project so the appointed team can meet its 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.

Allocate the decisions before releasing work

Record the contracting entity, registered building-practitioner arrangement, designers responsible for each regulated element, and the person coordinating Planning Portal lodgement. NSW guidance distinguishes the principal contractor’s building-practitioner role from subcontractors; registration should be checked against the actual appointment rather than assumed from a trade name.

For each package, identify who resolves a technical query, who issues the revised design and declaration, and who confirms the required documents have been lodged before work proceeds. A site instruction or accepted quotation is not, by itself, evidence that these steps are complete.

For example, if an opened wall reveals a fixing arrangement that differs from the issued design, document the condition and refer it to the responsible designer. Agree the revised detail and required declaration or lodgement before installing that affected work. Plan other workfaces around the unresolved area where safe and practicable.

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 is a DBP-registered building practitioner with qualified building, civil and construction engineering capability. We bring engineering judgement, ISO-certified management systems and construction delivery together for complex remedial and building projects.

SCE can assist with:

• early construction and remedial scope review;
• engineering assessment, remedial solutions, design coordination and specifications through appropriately qualified and registered practitioners;
• 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’s qualified team and appointed specialists deliver the engineering, design and construction services agreed for the project. Regulated work and declarations are assigned to practitioners with the required registration. The independent certifier, relevant authority and legal adviser retain their separate functions.

Related SCE DBP guides

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