If you are an Engineer, Designer or Builder of residential apartment buildings, as of 1 July 2021, you can only commence construction when you have lodged and receive regulated design and compliance declarations on the NSW Planning Portal.
Plans must be lodged in four stages and failure to meet lodgment requirements may result in occupation certificates being withheld, your registration being cancelled or fines to be imposed.
Insurance requirements have also changed, coming into force on 1 July 2022, with Design Practitioners having to ensure they are insured not just at the point of registration, but they must maintain adequate insurance continues throughout the completion of works.
Why do you have to register and lodge plans?
The new obligations arises from the Design and Building Practitioners Act 2020 (DBP Act).
The aim is to clearly identify who is responsible for the design and construction of building elements and performance solutions on class 3 buildings.
The DBP Act requires buildings to be designed in accordance with the Building Code of Australia and requires builders to construct in accordance with the Code and approved plans.
The changes come about after a multitude of defective designs and construction works in residential apartment buildings across NSW. The DBP Act aims to improve building standards and improve confidence with residential apartment buildings.
Do you need to register?
- The DBP Act requires certain engineers to be registered or supervised by a registered engineer on site.
- There are 17 classes of Design Practitioners, Principal Design Practitioners and Building Practitioners.
- Practitioners are required to have at least 5 years’ experience, and must meet certain standards in regards qualifications, skills and knowledge.
- Practitioners must also meet insurance requirements before they can declare their work is compliant with the Building Code of Australia.
If you are a builder, engineer or designer of a residential building (class 3) please call and speak to our Partners in the Dispute Resolution Department, Aaran Johnson or Bharath Balasubramanian, who can provide you with advice regarding your obligations under the new legislation to avoid any delay in construction.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
