Information for professionals who work on regulated buildings under the Design and Building Practitioners scheme in NSW.
On this page
Background
Which building classes are regulated in NSW?
Building classes explained
Roles in regulated buildings
Frequently asked questions
Contact us
Background
From 2020, new laws have applied to the NSW building and construction industry.
- The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) granted sweeping powers for the NSW Building Commissioner and authorised officers to take action against defective building work commenced in September 2020
- The Design and Building Practitioners Act 2020 (DBP Act) introduced new obligations and mandatory requirements for industry practitioners to ensure designs and building work are compliant with the Building Code of Australia (BCA) commenced in July 2021
Initially, these laws only applied to class 2 buildings and buildings with a class 2 part. These buildings include multi-storey, multi-unit apartment buildings, and mixed-use buildings.
From 3 July 2023, the RAB Act and DBP Act also apply to class 3 and 9c buildings and buildings with a class 3 or 9c part, with ongoing consultation with industry to identify which other building types should be included in this regulatory framework.
Which building classes are regulated in NSW?
Class 2, 3 and 9c buildings are currently regulated in NSW.
From 3 July 2023, the RAB Act and the DBP Act expanded to include class 3 and 9c buildings (in addition to class 2 buildings).
Under the RAB Act, developers must give notice of the date they plan to apply for an occupation certificate, and may be required to pay the building work levy.
The expansion of the DBP Act applies to the construction of new class 3 and 9c buildings only. Registrations are required to work on any new class 3 and 9c buildings only.
Note: If you already hold a current building practitioner registration, it is not necessary to also be registered for class 3 and 9c.
Alteration or renovation work for existing class 3 & 9c buildings will come into effect on 1 July 2024. The DBP Act continues to apply to building work on new and existing class 2 buildings.
Building classes explained
All building work regulated by the DBP Act must comply with the requirements under the Building Code of Australia (BCA).
The BCA sits within the National Construction Code (NCC). The NCC sets out the minimum technical requirements for new buildings (and new work to existing buildings) in Australia.
Class 2
Class 2 buildings are usually multi-storey, multi-unit apartment buildings where people live above or below each other.
Class 2 may also be a single storey attached dwelling where there is a common space below such as a carpark or basement.
Class 3
Class 3 buildings are residential buildings, other than a class 1 or 2 building, that are a common place for long term or transient living for a number of unrelated persons, such as:
- Boarding houses;
- Hostel;
- Backpackers accommodation;
- Residential part of a hotel, motel, school or detention centre;
- Dormitory style accommodation;
- Care facilities for the elderly which are not considered class 9.
Class 9c
Class 9c buildings are residential care buildings that may contain residents who have various care level needs. They are a place of residence where 10% or more of persons who reside there need physical assistance in conducting their daily activities and to evacuate the building during an emergency. An aged care building, where residents are provided with personal care services, is a Class 9c building.
Roles in regulated buildings
Design practitioners, principal design practitioners, building practitioners and professional engineers must be registered to make compliance declarations, perform professional engineering work, or perform other work under the DBP Act.
See below for brief descriptions of all people who may work on a regulated buildings in NSW. Select a role title for a more detailed description.
Appropriate practitioner
An appropriate practitioner can lodge designs, documents, and design compliance declarations on behalf of a building practitioner. An ‘appropriate practitioner’ must be a registered design practitioner or principal design practitioner working on the same project.
An appropriate practitioner cannot make or lodge a building compliance declaration. Only a building practitioner can.
See section 16 and section 17 of the DBP Act.
Building practitioner - all classes
The building practitioner is someone who agrees to do or oversee building work on a class 2, 3 or 9c building (or a mixed-use building with a class 2, 3 or 9c part). Where there is more than one builder, the building practitioner is the principal contractor. The building practitioner must be registered to carry out this function on a regulated class of building.
There is only ever one building practitioner for a project. The building practitioner can be an individual or a body corporate.
If a body corporate agrees under a contract or other arrangement to do building work or is the principal contractor for the work, it will be the building practitioner. A body corporate holds an Australian Company Number (ACN) and is registered with the Australian Securities and Investments Commission (ASIC).
If an individual agrees under a contract or other arrangement to do building work or is the principal contractor for the work, they will be the building practitioner. An individual will usually be a sole trader operating by themselves under an Australian Business Number (ABN).
This role is responsible for ensuring all regulated designs have been lodged on the NSW Planning Portal before any building work is carried out, and to make building compliance declarations. The building practitioner is responsible for declaring that building work has been constructed in accordance with the declared designs and the work that otherwise complies with the Building Code of Australia.
The building compliance declaration and any as-built designs must be lodged on the NSW Planning Portal prior to the application for an occupation certificate.
Building practitioners have obligations to lodge designs, make declarations and maintain their registration.
Building practitioner - general
The 'building practitioner - general' class is for individuals who are required to prepare documents and make declarations related to class 2, 3 or 9c building work or a mixed-use building with a class 2, 3 or 9c part.
The building practitioner must hold an endorsed contractor licence for general building work issued under the Home Building Act 1989, or satisfy the qualification requirements to hold a contractor licence issued under the Home Building Act 1989 (applicable for practitioners working on class 3 and 9c buildings only).
If you do not hold a current endorsed contractor licence your application will be assessed and if approved, you will be restricted to making a building compliance declaration for class 3 and 9c buildings only.
Registration in this class allows you to do work covered under the low-rise and medium-rise conditions below.
Building practitioner - general (low-rise)
The 'building practitioner - general (low-rise)' class relates to a low-rise class 2, 3 or 9c building.
You must hold an endorsed contractor licence for general building work issued under the Home Building Act 1989, or satisfy the qualification requirements to hold a contractor licence issued under the Home Building Act 1989 (applicable for practitioners working on class 3 and 9c buildings only).
If you do not hold a current endorsed contractor licence your application will be assessed and if approved, you will be restricted to making a building compliance declaration for class 3 and 9c buildings only.
A low-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) that has a maximum gross floor of no more than 2,000 m2, but does not include a building that is a Type A or Type B construction.
Building practitioner - general (medium-rise)
A 'building practitioner - general (medium-rise)' class relates to a medium-rise building.
You must hold an endorsed contractor licence for general building work issued under the Home Building Act 1989, or satisfy the qualification requirements to hold a contractor licence issued under the Home Building Act 1989 (applicable for practitioners working on class 3 and 9c buildings only).
If you do not hold a current endorsed contractor licence your application will be assessed and if approved, you will be restricted to making a building compliance declaration for class 3 and 9c buildings only.
A medium-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) limited to:
- a maximum of 3 storeys; or
- a maximum of 4 storeys (where the ground level or first storey is classified as a class 7a building carpark).
Medium-rise buildings do not include buildings that are a Type A construction in relation to class 4, 5, 6, 7b and 8 buildings.
Building practitioner – body corporate
A ‘building practitioner – body corporate’ is a corporation that must register as a building practitioner if it agrees to do building work under a contract or other arrangement, or they are the principal contractor for the work, where there are multiple people who have agreed to do the work.
A body corporate is a corporation or an incorporated association. It cannot be a Trust.
A body corporate is authorised to make a building compliance declaration and lodge documents on the NSW Planning Portal provided it has registered as a building practitioner - body corporate and it has a nominated individual who holds registration as a building practitioner - nominee or building practitioner - general. If the body corporate's nominated building practitioner is in a restricted class (for example, low-rise or medium-rise), then the body corporate is also restricted to making declarations and lodging documents for building work authorised by the same class.
Building practitioner - body corporate nominee
A 'building practitioner - body corporate nominee' - is a building practitioner that has been nominated by the body corporate to prepare documents and make declarations on behalf of a registered body corporate. Registration in this class allows you to do work on any class 2, 3 and 9c building, as well as the work covered under the low-rise and medium-rise conditions below.
You must hold a supervisor certificate authorising you to do general building work issued under the Home Building Act 1989 or satisfy the qualification requirements to hold a supervisor certificate under the Home Building Act 1989.
A building practitioner can be the nominee for more than one body corporate at a time provided they can manage the workload responsibly.
A building practitioner cannot make a declaration and lodge documents on behalf of the body corporate until:
- the registered body corporate holds a 'building practitioner - body corporate' class of registration, and
- the registered body corporate has nominated the registered building practitioner
Building practitioner - body corporate nominee (low-rise)
A 'building practitioner - body corporate nominee (low-rise)' class is for building practitioners that have been nominated by the body corporate to prepare documents and make declarations on behalf of a registered body corporate but restricted to low-rise buildings.
You must hold a supervisor certificate authorising you to do general building work issued under the Home Building Act 1989 or satisfy the qualification requirements to hold a supervisor certificate under the Home Building Act 1989.
A low-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) that has a maximum gross floor of no more than 2,000 m2, but does not include a building that is a Type A or Type B construction.
Building practitioner - body corporate nominee (medium-rise)
A 'building practitioner - body corporate nominee (medium-rise)' class is for building practitioners who want to prepare documents and make declarations on behalf of a registered body corporate but restricted to medium-rise buildings.
You must hold a supervisor certificate authorising you to do general building work issued under the Home Building Act 1989 or satisfy the qualification requirements to hold a supervisor certificate under the Home Building Act 1989.
A medium-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) limited to:
- a maximum of 3 storeys; or
- a maximum of 4 storeys (where the ground level or first storey is classified as a class 7a building carpark).
Medium-rise buildings do not include buildings that are a Type A construction in relation to class 4, 5, 6, 7b and 8 buildings.
Certifier
Registered certifiers are public officials and independently provide oversight of building construction and subdivision work. They are registered and regulated by NSW Fair Trading.
In addition to the certifier’s obligations under the Building and Development Certifiers Act 2018, the certifier must not issue a construction certificate or a complying development certificate for any stage of the project until they have reviewed all declared designs for building work covered by that certificate.
The principal certifier also must not issue an occupation certificate (OC) unless the building compliance declaration for the building work and all other required documents have been provided to the principal certifier.
Certifiers have certain responsibilities when working on regulated buildings under the Design and Building Practitioners scheme in NSW.
Design practitioner - all classes
Each category of design practitioner is authorised to produce and provide compliance declarations for certain types of regulated designs. A construction project will require a range of registered design practitioners, each bringing a different specialty. It is important that you read the DBP Act to understand the detail on each design practitioner category.
A design practitioner is a person who prepares regulated designs.
A regulated design must integrate details of other aspects of building work to which the design relates, and other regulated designs for the work, including designs prepared by other registered design practitioners for building work.
It is expected that the design practitioner will take responsibility for ensuring that their design is compliant with the requirements of the Building Code of Australia and integrates with other designs for the building – their work must not occur in isolation from other design practitioners’ work.
Only the person who will be declaring or lodging documents needs to register. For example, one designer might sign off on designs from a team of designers. Only the person signing off and declaring the design needs to register.
Design practitioners have obligations to prepare regulated designs and maintain their registration.
Design practitioner - architectural
'Design practitioner - architectural' - relates to a service provided in connection with the design, planning or construction of buildings that is ordinarily provided by architects.
Applicants eligible for registration in this class do not need to additionally register in the classes of 'design practitioner – building design (low-rise)' and 'design practitioner – building design (medium-rise)' as the authorisation of the architectural class extends to the scope of work covered by those building design classes.
Design practitioner – architectural (low-rise)
Choose this class to be authorised to prepare regulated designs and make compliance declarations in relation to an architectural service for low-rise buildings .
A low-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) that has a maximum gross floor of no more than 2,000m2, but does not include a building that is a Type A or Type B construction.
Design practitioner - architectural (medium-rise)
Choose this class to be authorised to prepare regulated designs and make compliance declarations in relation to an architectural service for medium-rise buildings . A medium-rise building means a class 2, 3 or 9c building (or a building with a class 2, 3 or 9c part) limited to:
- a maximum of 3 storeys; or
- a maximum of 4 storeys (where the ground level or first storey is classified as a class 7a building carpark)).
Medium-rise buildings do not include buildings that are a Type A construction in relation to class 4, 5, 6, 7b and 8 building.
Design practitioner - body corporate
A registered body corporate that holds a design practitioner—body corporate class of registration is authorised to do anything that a registered design practitioner who holds any other class of registration but can do it only by way of an individual:
- who is an employee of the body corporate, and
- who holds that class of registration.
Design practitioner – building design
‘Design practitioner – building design’ class relates to the design of a class 3 or 9c buildings only. There is no restriction on the height or size requirements of the building you can work on. You must hold a master's degree in building design or architectural design from an Australian university to be eligible for this role.
Exclusions: a design practitioner in this class cannot make designs relating to a class 2 building. They must hold an additional design practitioner registration to carry out work on class 2 buildings.
Design practitioner - building design (low-rise)
'Design practitioner - building design (low-rise)' class relates to a low-rise building (subject to the requirements in the Environmental Planning and Assessment Regulation 2000, relating to the design of a residential apartment development).
Exclusions: A design practitioner in this class cannot make designs and declarations relating to a) an architectural service, b) professional engineering work, c) fire systems (detection and alarm systems), d) fire systems (fire sprinkler), e) fire systems (fire hydrant and fire hose reel), or, f) fire systems (mechanic smoke control).
Design practitioner - building design (medium-rise)
'Design practitioner - building design (medium-rise)' class relates to a medium-rise building (subject to the requirements in the Environmental Planning and Assessment Regulation 2000, relating to the design of a residential apartment development).
Exclusions: a design practitioner in this class cannot make designs and declarations relating to a) an architectural service, b) professional engineering work, c) fire systems (detection and alarm systems), d) fire systems (fire sprinkler), e) fire systems (fire hydrant and fire hose reel) or, f) fire systems (mechanic smoke control).
Design practitioner - civil engineering
'Design practitioner - civil engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to an area of civil engineering. An 'area of civil engineering' means an area of engineering that involves the research, design, construction and maintenance of the built environment.
Exclusions: A design practitioner in this class cannot make designs or declarations relating to the façade of a building, an area of geotechnical engineering, and the integration of a vertical transportation product in a building.
Design practitioner - drainage
'Design practitioner - drainage' class is authorised to prepare regulated designs and make compliance declarations in relation to stormwater drainage and roof drainage systems.
Note: Registration in this class lets you do the work under the design practitioner – drainage (restricted) class.
Design practitioner - drainage (restricted)
'Design practitioner - drainage (restricted)' class is authorised to prepare regulated designs and make compliance declarations in relation to stormwater drainage and roof drainage systems.
Exclusions: This class can only work on a building that is six storeys or less.
Design practitioner - electrical engineering
'Design practitioner - electrical engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to the electrical components, systems or electrical services of a building, and in relation to equipment, devices, plant and systems that use electricity, electronics, and electromagnetism.
Exclusions: a design practitioner in this class cannot make designs relating to a vertical transportation product.
Design practitioner - façade
'Design practitioner - façade' class is authorised to prepare regulated designs and make compliance declarations in relation to the façade of a building.
Design practitioner - fire safety engineering
'Design practitioner - fire safety engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to the fire performance of buildings including materials and structures; fire systems including components; safety and human behaviour in the event of a fire; and the prevention, detection and suppression of fire.
Design practitioner - fire systems (detection and alarm systems)
'Design practitioner - fire systems (detection and alarm systems)' class is authorised to prepare regulated designs and make compliance declarations in relation to fire detection and alarm system or an emergency and intercommunication system for a building.
Design practitioner - fire systems (fire hydrant and fire hose reel)
'Design practitioner - fire systems (fire hydrant and fire hose reel)' class is authorised to prepare regulated designs and make compliance declarations in relation to a fire hydrant or fire hose reel system for a building, including a portable fire extinguisher system.
Design practitioner - fire systems (fire sprinkler)
'Design practitioner—fire systems (fire sprinkler)' class is authorised to prepare regulated designs and make compliance declarations in relation to a fire sprinkler system for a building.
Design practitioner - fire systems (mechanical smoke control)
'Design practitioner - fire systems (mechanical smoke control)' class is authorised to prepare regulated designs and make compliance declarations in relation to a mechanical fire control system or mechanical smoke control system for a building.
Design practitioner - geotechnical engineering
'Design practitioner - geotechnical engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to the mechanics of soil and rocks as applied to design and construction foundations. It includes retaining structures, shoring excavations and ground bearing structure for buildings.
Exclusions: this class does not include activities that involve only geology or earth science, for example a geology degree without any design and construction component.
Design practitioner - mechanical engineering
'Design practitioner - mechanical engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to devices, machines, structures and processes involving mechanical elements and the mechanical systems of a building. Mechanical systems include heating, ventilation, air-conditioning and air distribution, smoke control and exhaust and stairwell pressurisation.
Exclusions: A design practitioner in this class cannot make designs or declarations relating to the integration of a vertical transportation product in a building.
Design practitioner - structural engineering
'Design practitioner - structural engineering' class is authorised to prepare regulated designs and make compliance declarations in relation to the understanding, prediction and calculation of the stability, strength and rigidity of built structures, and how structures and buildings resist and transfer natural and other forces.
Design practitioner - vertical transportation
'Design practitioner - vertical transportation' class is authorised to prepare regulated designs and make compliance declarations in relation to the integration of a vertical transportation product for a building. To learn more, visit our vertical transportation design page.
Developer
A developer is defined in section 4 of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 as:
- the person who contracted, arranged or facilitated building work to be carried out
- the owner of the land on which a building or part of a building is erected or constructed (who was the owner when the building work was being carried out)
- the principal contractor for the building work within the meaning of the Environmental Planning and Assessment Act 1979
- the developer for building work for a strata scheme within the meaning of the Strata Schemes Management Act 2015.
Developers working on regulated buildings under the RAB Act 2020, have additional responsibilities when managing a project.
Owners corporation
Owners corporation for a strata scheme means the owners corporation for the strata scheme constituted under the Strata Schemes Management Act 2015.
Principal design practitioner
The principal design practitioner is an optional role. The role was designed with the bigger, more complex projects in mind. On those projects, hundreds or even thousands of designs will need to be lodged. Where one is appointed, they are responsible for making principal compliance declarations.
The principal design practitioner coordinates and collects designs and declarations from other practitioners. They can lodge these on the NSW Planning Portal on the building practitioner’s behalf. They serve as an extra checkpoint; verifying that declarations have been provided for relevant designs and were prepared by registered design practitioners in their field of competency.
A principal design practitioner must be registered as a design practitioner.
Exclusions: Not all design practitioners can become Principal Design Practitioners. Building Design (low rise), Building Design (medium rise), Drainage (restricted) and Vertical Transportation Design Practitioners cannot elect to be Principal Design Practitioners.
Where there isn’t a principal design practitioner appointed, the building practitioner or their appropriate practitioner will lodge documents.
Professional engineer - all classes
Registration as a professional engineer is required if an individual is carrying out professional engineering work on a class 2, 3 or 9c building (or a mixed-use building with a class 2, 3 or 9c part). This includes work in either civil, electrical, fire safety geotechnical, mechanical or structural engineering work.
It is professional engineering work if it requires, or is based on, the application of engineering principles and data to a) a design, or b) a construction, production, operation or maintenance activity relating to engineering.
However, engineering work is not professional engineering work if it does not require the application of advanced scientifically based calculations.
There will be alternate pathways to be registered as a professional engineer under the Design and Building Practitioner scheme.
Professional engineers can provide engineering advice on a regulated building. However, they cannot prepare regulated designs, make design compliance declarations, or lodge documents related to regulated buildings unless they are also a design practitioner in the relevant class.
Professional engineers have obligations to maintain their registration.
Civil engineer
'Professional Engineer - civil engineer' class is authorised to carry out professional engineering work in an area of civil engineering. Civil engineering involves the research, design, construction and maintenance of the built environment.
Electrical engineer
'Professional Engineer - electrical engineer' class is authorised to carry out professional engineering work in an area of electrical engineering. Electrical engineering involves equipment, devices, plant and systems that use electricity, electronics and electromagnetism.
Fire safety engineer
'Professional Engineer - fire safety engineer' class is authorised to carry out professional engineering work in an area of fire safety engineering. Fire safety engineering involves the application of engineering principles and rules to:
- the fire performance of a building material
- structure or building
- the selection of a fire system suitable for a particular building, including components of the systems
- the safety and behaviour of a person in the event of a fire, or
- the prevention, detection and suppression of fire.
Geotechnical engineer
'Professional Engineer - geotechnical engineer' class is authorised to carry out professional engineering work in an area of geotechnical engineering. Geotechnical engineering involves the mechanics of soil and rock as applied to the design and construction of foundations, retaining structures, shoring excavations and ground bearing structures for buildings. It does not include engineering that only involves geology or earth science, for example geological advice without any design and construction component.
Mechanical engineer
'Professional Engineer - mechanical engineer' class is authorised to carry out professional engineering work in an area of mechanical engineering. Mechanical engineering involves work related to devices, machines, structures, processes and systems involving mechanical elements.
Structural engineer
'Professional Engineer - structural engineer' class is authorised to carry out professional engineering work in an area of structural engineering. Structural engineering involves being able to predict and calculate a) the stability, strength and rigidity of built structures, and b) how structures resist and transfer natural and other forces.
Secretary
Secretary means the Secretary of the Department of Customer Service, currently Mr Graeme Head.
Qualifications and experience
For more information about the qualifications and experience required to register under the DBP Act, follow the links below:
Frequently asked questions
My building work on a class 3 or 9c building started before 3 July 2023, do the latest changes apply to me?
- If you already started building work before 3 July 2023, the rules and obligations under the DBP Act do not apply to the work that has started under that particular construction certificate (CC) or complying development certificate (CDC).
- A building compliance declaration does not need to be submitted. However, the designs you have relied upon so far will need to be uploaded to the NSW Planning Portal.
- Any subsequent building work started on another construction certificate (CC) or complying development certificate (CDC) after 3 July 2023 will need to comply with the new rules.
- If you are starting building work after 3 July 2023, you can still use designs that were prepared before 3 July 2023 even if they were not prepared by a registered design practitioner.
- A registered design practitioner will need to assess these designs and provide a certificate of design compliance that they comply with the Building Code of Australia. The design and certificate can then be uploaded to the NSW Planning Portal the same as a normal regulated design before building work begins.
- If the designs which were prepared before 3 July 2023 undergo a variation on or after 3 July 2023, then the DBP Act comes into effect. A regulated design will need to be prepared and a registered practitioner must make a design compliance declaration.
Designs have been prepared for my project for the development of a class 3 or 9c building, but work will start after 3 July 2023. Do these new rules apply to me?
If building work is scheduled to start after 3 July 2023 under a particular complying development certificate or construction certificate, the rules and obligations under the DBP Act apply to you. This applies regardless of whether your construction certificate was issued before or after 3 July 2023.
Where designs have been prepared before 3 July 2023 by a practitioner who is not eligible for registration, those designs will need to be reviewed by a registered design practitioner who is able to provide a 'Certificate of design compliance' prepared before 3 July 2023. The Certificate allows the building practitioner to use the design for building work as though it was a regulated design.
You must ensure that your:
- Builder is registered as a building practitioner under the DBP Act
- Building practitioner provides your certifier with copies of all declared designs that have been prepared by a registered design practitioner through the NSW Planning Portal
All design and building work on a construction certificate or complying development certificate from 3 July 2023 (including staged development projects) will need to comply with all requirements under the DBP legislation.
Does an expected completion notice need to be submitted for a class 3 or 9c building if building work started before 3 July 2023?
Yes. If you intend to apply for an occupation certificate (OC) for a class 3 or 9c building, you will need to submit an expected completion notice (ECN) between 6 to 12 months before the application of an OC is made.
This applies to both new and existing class 3 and 9c buildings.
Contact us
For questions related to the requirements under the Design and Building Practitioner scheme, contact Fair Trading on 13 32 20.
For questions related to lodging documents on the NSW Planning Portal call 1300 305 695 or email [email protected].