Information to help building practitioners lodge designs and make declarations under the Design and Building Practitioners scheme.
On this page
Building practitioner registration
Before building work starts - lodge designs
After building work starts - lodge variations
Before applying for an occupation certificate - declare your work
After the issue of an occupation certificate
Carrying out emergency remedial building work
How to maintain your registration as a building practitioner
Auditing of building practitioners
Key information
- If you want to oversee building work on a class 2, 3 or 9c building, you will need to register as a building practitioner even if you hold a valid NSW building licence under the Home Building Act 1989.
- The building practitioner is the person who is the principal constractor for the building work. Where there is more than one builder on a project, the building practitioner must be the head contractor.
- A building practitioner must lodge all regulated designs and related design compliance declarations on the NSW Planning Portal before any building work related to the designs can start.
- If there is a variation involving a building element or performance solution, a design practitioner must prepare a new or updated regulated design and a new design compliance declaration.
- Before the developer can apply for an occupation certificate, the building practitioner must lodge a building compliance declaration and ‘as built’ designs in the NSW Planning Portal.
Building practitioner registration
Building practitioners must be registered under the Design and Building Practitioners scheme to work on a regulated building class (currently class 2, 3 & 9c including mixed-use buildings). Once registered, a building practitioner can declare and lodge documents before building work starts.
Find out how to register on the building practitioner registration page.
Before building work starts - lodge designs
Registered building practitioners are responsible for lodging regulated designs and design compliance declarations on the NSW Planning Portal. A registered design practitioner must create regulated designs.
Registered building practitioners (low-rise condition) can lodge designs and declarations related to low-rise buildings only.
Registered building practitioners (medium-rise condition) can lodge designs and declarations related to medium-rise buildings only.
A registered building practitioner can delegate the lodgement of designs and design compliance declarations on the NSW Planning Portal to an ‘appropriate practitioner’. The final building compliance declaration must be made by the building practitioner and cannot be delegated. This is an online form available on the NSW Planning Portal.
What do I lodge and when?
As a building practitioner, you must build from regulated designs if the building work relates to a building element or performance solution. Before building work starts you must lodge:
- a copy of each construction-issued regulated design for building work
- a copy of each design compliance declaration for regulated designs
- a 'ground installation right document' (for ground anchors), if applicable
- a principal compliance declaration (if there is a Principal Design Practitioner appointed)
You must give the principal design practitioner, if there is one, 14 days’ written notice before building work starts. This gives the principal design practitioner time to collate and complete the principal compliance declaration.
If there is more than one construction certificate issued for building work (for example, staged development), the building practitioner must lodge all regulated designs and design compliance declarations on the NSW Planning Portal related to the construction certificate before any building work can start.
What happens after you lodge?
Once your documents are lodged in the NSW Planning Portal building work can begin.
Documents lodged in the NSW Planning Portal may be the subject of a building practitioner audit, design practitioner audit or an occupation certificate audit by NSW Fair Trading.
Information on shoring, underpinning or anchoring
A registered design practitioner needs to provide regulated designs for any work that involves shoring, underpinning or anchoring. This includes after work starts and there are design variations which may impact shoring, underpinning or anchoring.
If there are ground anchors that access neighbouring land, the building practitioner has the following responsibilities:
Before building work starts
If an encroaching ground anchor is being proposed, the building practitioner must provide a ‘ground installation right document’. A ground anchor installation right document means a document that permits the installation of a ground anchor on neighbouring land and shows the proposed location of the anchor. This could include a registered easement, or a licence agreement, or a deed. For neighbouring land that is a public road, a consent under the Roads Act 1993 from the appropriate roads authority is required that permits the installation of the ground anchor.
If the ground anchor is a temporary encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for destressing the temporary encroaching ground anchor, and,
- the time the destressing will occur.
If the ground anchor is a removable encroaching ground anchor, the building practitioner must also provide a document detailing:
- the process for the removal of a removable reinforcement tendon, and,
- the time the removal will occur.
After building work starts - lodge variations
Declare variations for a building element or performance solution
Variations to regulated designs need to be declared for compliance. This may be continuous throughout the construction phase. Variations must be lodged on the NSW Planning Portal.
Variations can be declared using the same form that the design practitioner would use to make a design compliance declaration. A new design compliance declaration form must be completed if the variation involves a building element or performance solution.
What do I lodge and when?
A registered building practitioner or appropriate practitioner must lodge a variation on the NSW Planning Portal related to a building element or performance solution within one day of the variation.
Work may need to stop so that the varied design can be prepared and declared in time to meet this timeframe.
Documents lodged at this stage:
- a copy of each varied regulated design
- a copy of the regulated design for a new building element or performance solution
- a copy of each design compliance declaration for the above designs.
Variations to an aspect of a regulate design unrelated to a building element or performance solution do not need to be signed off by a design practitioner but must be recorded by the building practitioner in a variation statement. This statement must be lodged prior to an application for an occupation certificate. Building practitioners should consult with the relevant design practitioner to determine whether the variation impacts a building element or performance solution.
Before applying for an occupation certificate - declare your work
The person applying for the occupation certificate must notify the building practitioner before they apply for the occupation certificate. This notice must be given at least 14 days before the application is made.
If a principal design practitioner is appointed, the building practitioner must give them 14 days' written notice before making a building compliance declaration. This gives the principal design practitioner time to collate and complete the principal compliance declaration which the building practitioner is required to lodge.
These notification requirements are in addition to the expected completion notice requirements under the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
What do I lodge and when?
1. Building compliance declaration
As building work nears completion the building practitioner must lodge the building compliance declaration. This can only be lodged online on the NSW Planning Portal. Only the building practitioner can lodge a building compliance declaration. This task cannot be delegated.
The building compliance declaration form is only available for online submission on the NSW Planning Portal.
Crown development projects
The reforms will apply to crown development projects.
You will still need to submit a building compliance declaration for work that doesn’t require an occupation certificate.
A registered building practitioner must provide a building compliance declaration for the building work, contractor documentation and other required documents within 7 days of completing building work. This documentation must be lodged on the NSW Planning Portal and include a statement of variations that did not require a new regulated design. This documentation must also be provided to the project contact at the organisation which the work was carried out for.
Work that does not require a construction certificate or complying development certificate, such as crown development work, is also not subject to the building work levy under the RAB Act.
2. Contractor document
The contractor document includes important information about who has completed building work on a project. The building practitioner must complete this form and lodge the form on the NSW Planning Portal at the same time as the building compliance declaration.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you require more space for additional information.
- Contractor document form (PDF, 102.35 KB)
- Contractor document template (XLSX, 41.81 KB)
The Principal Compliance Declaration is only required if there is a principal design practitioner. It confirms that all the design compliance declarations related to the project have been completed by a registered design practitioner with the relevant authority.
3. Variation statements
A copy of each variation statement is required for building work, and a copy of any other regulated design that contains additional details not in the construction-issued regulated designs, but are not variations.
Variations to an aspect of a regulated design unrelated to a building element or performance solution do not need to be signed off by a design practitioner but must be recorded by the building practitioner in a variation statement.
Building practitioners should consult with the relevant design practitioner to determine whether the variation impacts a building element or performance solution.
4. Evidence of destressing or removing ground anchors, if required
Evidence about temporary ground anchor destressing
For building work involving a temporary encroaching ground anchor the building practitioner must provide evidence the ground anchor has been destressed:
- for development that does not require an occupation certificate – before the development is complete, or
- otherwise, before applying for the final occupation certificate for the development.
Evidence about removal of reinforcement tendons
For building work involving a removable encroaching ground anchor the building practitioner must provide evidence that the removable reinforcement tendon has been removed:
- for development that does not require an occupation certificate – before the development is complete, or
- otherwise, before applying for the final occupation certificate for the development.
At the completion of building work evidence of destressing and removal of temporary ground anchors on neighbouring properties must be lodged in the NSW Planning Portal.
5. A principal compliance declaration
If a principal design practitioner is appointed, they are required to complete a principal compliance declaration verifying that all required design compliance declarations have been provided for the regulated designs, and that they were prepared by registered design practitioners in their field of competency.
The building practitioner is responsible for the lodgement of the principal compliance declaration.
6. A copy of the fire safety certificate
A fire safety certificate is issued by or on behalf of a building owner when new building work is complete. The certificate confirms that a properly qualified person has installed and checked the measures listed in the fire safety schedule. This helps verify that the measures can perform to the minimum standard.
For more information on meeting the requirements of fire safety regulations, visit Reforms to fire safety regulation 2022.
After the issue of an occupation certificate
Any variations to building work, in addition to those already lodged by the building practitioner, must be lodged on the NSW Planning Portal within 90 days of the issue of an occupation certificate.
What do I lodge?
If the documents below have been varied from before applying for an OC, the following must be submitted:
- Building compliance declaration
- Contractor document
- Variation statement form (PDF, 529.1 KB) or Variation statement template (XLSX, 43.87 KB)
- A copy of any other regulated design that contains additional details not in the construction-issued regulated designs, but are not variations
- A principal compliance declaration
Carrying out emergency remedial building work
A building practitioner may carry out work without the required regulated designs and declarations if they have a “reasonable excuse”. A building practitioner would be considered to have a “reasonable excuse” if they are carrying out emergency remedial building work.
Building work is only considered ‘emergency remedial building work’ if it meets specific criteria.
For emergency remedial building work, the building practitioner is still required to complete a building compliance declaration and provide it to NSW Fair Trading.
NSW Fair Trading has powers under the DBP legislation over remedial building works and registered practitioners to ensure that work is being performed appropriately. Audits will be conducted to ensure the work that is claimed to be emergency remedial work satisfies the criteria.
The criteria for ‘emergency remedial building work’ and information on your obligations can be found on the Emergency remedial building work page.
How to maintain your registration as a building practitioner
Building practitioners, (design practitioner, and professional engineers) have additional obligations under the legislation to maintain their registration. These are:
Code of practice
Building practitioners must comply with a Code of practice that sets out required professional and ethical standards. The Code includes the duty to:
- act in a professional manner
- act within their level of competence and expertise
- maintain satisfactory level of competence
- avoid conflicts of interest
- maintain confidentiality.
The Code of practice is in Schedule 4 of the Design and Building Practitioners Regulation 2021.
Continuing Professional Development (CPD)
Building practitioners with a licence or certificate under the Home Building Act 1989 must:
- complete at least three hours of continuing professional development for each year of registration
- keep written records for five years that specify how you met the CPD requirement for each year of registration.
Building practitioners without a home building licence must:
- complete 12 CPD points
- complete at least three hours of continuing professional development for each year of registration
Courses are available from the Construct NSW Digital Learning Platform and the Australian Building Codes Board National Construction Code CPD system.
Download the CPD guidelines (PDF) for more information to help you meet your requirements.
Record keeping
Building practitioners must:
- keep records for at least 10 years from the date the building work was completed. This continues to apply even if the practitioner ceases to be a prescribed practitioner
- keep a record of each project for building work for which a compliance declaration was issued. The record must include:
- the number of compliance declarations provided by the practitioner
- the class of building
- the name of the developer in relation to the work and the developer's place of business
- the name of the local government area in which the project is located
- the address of the project including the lot and deposited plan number,
- the name of the person who engaged the practitioner
- the name of the owner of the land or premises
- the name and registration number of other registered practitioner involved in the project.
- keep copies of a regulated design for which a design compliance declaration was provided by the practitioner
- the design compliance declaration provided by the practitioner.
More information about record keeping is published in Part 7 of the Design and Building Practitioners Regulation 2021.
Insurance
In addition to any existing obligations to take out Home Building Compensation scheme coverage, mandatory insurance requirements for registered building practitioners will commence on 1 July 2024.
A registered building practitioner must be indemnified under an insurance policy for work they carry out as a registered building practitioner.
You have an ongoing obligation to assess your insurance cover to ensure it provides an adequate level of coverage to indemnify you for your work as a building practitioner. Different practitioners will have different business risks, which will affect what cover is right for you, so you must assess the adequacy of your cover based on your own circumstances.
When selecting an insurance policy, you must consider factors including:
- your financial resources
- any risks associated with your work
- any limits of the policy and other factors outlined in the Regulation
You may need to show us that you have assessed the adequacy of your cover. You should seek independent advice on the amount and type of cover you need.
Auditing of building practitioners
Our audits of building practitioners help to build trust in the building and construction industry.
The audit focuses on a practitioner's compliance and on their conduct as well as projects with high complexity or the potential to impact a large number of people.
We will use complaints data and other intelligence about practitioner conduct to choose our targets for audits.
Our audit process, risk analysis framework, audit outcomes and regulator activities after an audit are detailed in this audit strategy.
Learn more about our strategy for auditing building practitioners.
NSW Planning Portal - online training and resources
If you would like help with using the NSW Planning Portal, online training sessions are available.
Forms
Contractor document for building practitioners
The contractor document includes important information about who has completed building work on a project. The Building Practitioner must complete this form and lodge the form on the NSW Planning Portal at the same time as the building compliance declaration.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you require more space for additional information.
- Contractor document form (PDF, 102.35 KB)
- Contractor document template (XLSX, 41.81 KB)
The Principal Compliance Declaration is only required if there is a principal design practitioner. It confirms that all the design compliance declarations related to the project have been completed by a registered design practitioner with the relevant authority.
A variation statement not related to a building element or performance solution
Design practitioners do not need to sign off variations that do not relate to a building element or performance solution. The building practitioner, however, must still record these in a variation statement.
Note: This form is available as both a PDF and a .xlsx template. Use the .xlsx template if you need more space for additional information.
- Variation statement form (PDF, 529.1 KB)
- Variation statement template (XLSX, 43.87 KB)
The variation statement must be provided for variations to regulated designs made after building work commences (other than variations to building elements or performance solutions). The building practitioner must complete this form and lodge it on the NSW Planning Portal before an application is made for an occupation certificate.
This form cannot be used for variations to building elements or performance solutions as this requires a new regulated design to be prepared and lodged with a new design compliance declaration form.
Need further support?
For questions related to the requirements under the Design and Building Practitioner scheme, contact NSW Fair Trading on 13 32 20.
You can also contact Service NSW to ask a question, report an issue or give feedback.
For questions related to lodging documents on the NSW Planning Portal call 1300 305 695 or email [email protected].